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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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MET ANPR PCN - left site - Southgate Park Stansted **CANCELLED BY STARBUCKS**


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If this is the case then do I lodge an appeal using that as part of the grounds and asking that they do not contact the keeper further?

 

Nope, no appeal.

They'll just ignore you anyway.

So, you do absolutely nothing bar let MET waste all of their money on sending you increasingly desperate and threatening demands for payment.

 

Then they'll be paying a few quid to their pet debt collectors to write you some more pointless letters and finally they might stump up a few more beer tokens to get their tame "solicitors" to write to you and threaten you some more.

 

Unfortunately for MET, they have failed to meet the requirements as set out in the Protection of Freedoms Act 2012. Schedule 4. Which allows them 14 days (from the day after the parking event) to write to the vehicle keeper. So, no keeper liability can possibly be established.

 

If they are stupid enough to take this all the way to a court.

1. They will lose. And

2. You counter claim against them as they have breached the Data Protection Act by obtaining and then processing your personal information without lawful reason.

 

This will then cost them even more money.

 

Following their loss at court, you then make formal written complains to the BPA Ltd, the DVLA and the Information Commissioner. Though the latter is the only one with any actual teeth, it'll give someone at MET a headache and will serve to teach them (yet another) valuable lesson.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Re-reading the OP, I am a little confused as to how an ANPR system would know that the driver had walked off site. :???:

 

OP, could you scan in and upload anything that you've received from MET in PDF format please. Remove anything that identifies you, the vehicle registration and any PCN codes, Bar or QR codes, but leave everything else.

 

I just want to be certain as to what we're dealing with here.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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I've looked at the site on Google Streetnosey and I assume that we're talking about the one with McDonalds (nearest the entrance) then Starbucks and then some other shop shoved in the carpark in a portacabin :wink:

 

If so, I absolutely agree with you that the signage looks like someone in the Met 'signs' department has gone potty!

 

"The Site" as any reasonable person would presume, is the whole of the area. If you'd nipped round to the BP garage then yes, you've left "the site", but as Starbucks don't sell Big Mac's, it would be unreasonable to expect a driver to move the car from one area of a single car park to another to satisfy some sort of daft term on a sign just so that they could eat.

 

MET Parking know this, but they live in the hope that 'normal' people don't cotton on to the con and just pay up without asking any awkward questions or making life difficult for them.

 

.

 

If they've used CCTV to monitor the drivers movements throughout the site then apart from having far too much time on their hands, they're way outside of the time allowed by POFA to issue a NtK. The point I was trying to make is that if there is some muppet from MET Parking on site that has issued one of these "magical disappearing windscreen tickets" then they might be in time to issue the NtK, but from what you say, that does sound doubtful.

 

It's all going to hinge on exactly what it says on the NtK.

  • Confused 1

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Well, as there's not been a windscreen ticket then they must be relying on ANPR. So they've not got a cat in hells chance of this going any further (other than all the 'junk mail' that you're going to get from them and their pet snakes).

 

Just sit back and smile as you watch them waste their money trying to get you to pay :thumb:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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There is an article on Met parking and MacDonalds in today's Daily Mail

 

Today's? That article is from 2014 :lol:

 

Although I agree with the rest of your post :thumb:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Well, no ticket on the windscreen means that it was ANPR and they were out of time to form keeper liability. They can only go after the driver, and as they don't know the identity of the driver...

 

I'd completely ignore them and let them do all the chasing and allow them to waste their money.

 

As I said, you'll get lots of 'threatening' letters from DCA's and "solicitors" full of 'if', 'may', 'might' etc, but there's absolutely nothing they can do to you as keeper. And if they're stupid enough to try and take this to court, it'll be a very easy win for you and a nice day out at their expense :thumb:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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