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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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PCM windscreen PCN - failed to show permit - in own "right to park"


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So this begs the question WHERE and WHEN did the landlord PUBLISH the new regulation. Juat allowing a bunch of cowboys wander about doenst fulfil that requirement.

The rest of the terms you refer to trumps the parking co's right to make claims and in any case I see nothing in the former that allows the landlord to assign any rights to a "management" company to create their own conditions that havent ben published by the landowner and that would mena that the parking co are merely a third party and have no locus in any matter- ie, if the LL decided to clobber you for parking without a letter from Geoff Boycott saying you can then the LL HAS to make the claim and their gopher can only report the matter and act as secretary.

 

 

The devil is in the detail and so far you are doing well but you need to dig out anything that can help your position. the parking co wont take the slightest notice of anything you say as they only make money by chiselling the residents, not monitoring parking. An unintended consequence for the landlord I'm sure.

Is there a managing agent positioned between the LL and the residents? If so that menas they likley appointed the bandits and that will most likely break any chain of authority regardless.

 

 

as for damaging your chance to use the POFA, that is not a big deal in a residential place as it is highly unlikely to be anyone else parking the car. However, often the parking co's get other parts of the NTK wrong so you always wait for the NTK to arrive before engaging with them. Remember that for the future, it also costs them money and the more they burn chasing hopeless causes the less they have to spend on fighting each one

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You can demand form the managemnt co a copy of the contract they signed with the parking co and if they refuse you should seek to gather all of the management committee together and force a vote to dispense with the services of the managing agents for exceeding their authority. The tell the parking co that they have no contract so they can bugger off as well.

Apathy amongst the other leasholders is your biggest obstacle, get them wound up.

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