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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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new fine for an old offence?


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Two things about the new sentencing guidelines for speeding:

 

1. It only effected the top range of seriousness. For offences in a 30mph limit this would be those where the recorded speed was over 50mph. Your speeding offence (39mph) was in the lowest band.

 

2. The new guidelines were effective for offences sentenced on or after 24th April regardless of the date of the offence.

 

Having said that, the guideline fine for your speeding offence is half a week's net income and £550 is a very high fine. So, what offence were you convicted of? Was it speeding or was it "Failing to Provide the driver's details"? This seems more likely from your brief description. How many penalty points were imposed? Have a look at your DVLA driving record online and see what endorsement code has been applied.

 

By the way, correspondence regarding speeding offences is not sent by Recorded delivery. It is usually sent by normal first class post.

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"...according to confused dot com/on-the-road/driving-law/speeding-fine-calculator it is effecting all bands if you play around with the calculator not just top bands."

 

Then confused dot com is wrong. The only change was an increase to the top band of seriousness from one times weekly income to one and a half times weekly income. The guideline fine for your offence is half a week's net income (reduced by a third if you plead guilty). Does this line up with your income?

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Yes can you tell us what exactly happened here? I made the assumption that you did not respond to anything you had received regarding this offence (hence my query whether you had been convicted of "failing to provide driver's details). So:

 

1. Were you stopped by the police at the time of the offence or was it detected by a camera?

2. If it was detected by a camera and you did not reply to any correspondence how do they know who was driving so as to prosecute you for speeding?

3. If you did reply naming yourself as driver were you offered a Speed Awareness Course or a Fixed Penalty(£100 and 3 points)?

 

Please tell us what has happened (including all dates, date of offence, etc).

 

You must have been fined on the basis of a guilty plea (if not the costs would have been higher). Your fine of £423 includes a 33% discount for that plea. This means the base figure was £635 (£634.50 actually, but let's keep it simple). The fine should be half a week's net income. So did you tell them you earned £1270 per week?

 

Let me know exactly what has happened here. If you have been fined incorrectly you have a number of options, but which option to take depends on why you have been fined incorrectly.

 

By the Way, the official term for the "Victim Surcharge" (as per the legislation) is simply "Surcharge". Much of the money raised goes to various organisations who support victims and that's how it attracted its popular name.

 

And homer is incorrect. As I said earlier, the new guidelines came into force for offences sentenced on or after 24th April, not for those committed on or after that date. (And in any case your offence and subsequent penalty was not influenced by that change).

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