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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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Excel Parking/BW Legal Form N180 *** Discontinued ***


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Hi,

 

Ive just won a case regarding a PCN in this car park a few days ago

- ive posted a bit about the judgement and how the judge came to those decisions on the thread i started

- might be of some use for your case

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?484531-Excel-BW-Claimform-PCN-14-12-2016-Cavendish-Retail-Park-Keighley

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Hi yes I will happily,

just don't have the details to hand but will post them up when get five minutes when home.

 

Wasn't sure whether you can get a written copy of the judgement or whether there is just a transcript of the tape recorded court session?

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Righto Andy - i meant won as in successfully defended the case, as opposed to lost -to a lay person, its a win. You clearly have a lot of knowledge in this area which is massively helpful to people like me who don't, but please be aware that sometimes when experts make little posts like this - they can come across as a little pedantic and possibly put people off asking for your help!

 

I'm sure you're right, but in the hours of research I did I have come across cases where the judges attitude clearly seems to have been influenced by other cases that they were unaware of until raised by defendants.

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  • 2 weeks later...
I'm just putting the paperwork together for the hearing and I've noticed the land leased to Excel according to the lease is not all the car park area that they claim to operate on. Its clearly outlined on the lease whats been leased but Excel have highlighted it all. Just wondering if

TDRW333 noticed this ?

 

Hi J English,

 

Are you referring to the map that they include in the copy of the supposed lease agreement? Is there any way you can post the document up so i can see?

 

T

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I'm just putting the paperwork together for the hearing and I've noticed the land leased to Excel according to the lease is not all the car park area that they claim to operate on. Its clearly outlined on the lease whats been leased but Excel have highlighted it all. Just wondering if

TDRW333 noticed this ?

 

Have you received their witness statement yet?

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