Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 162 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
        • Like

Gemini Parking Solutions - Queen Elizabeth Olympic Park - Parked in No Parking Area - Motobike


Recommended Posts

Hey guys

 

on 19/10/2018 I have parked my motorbike next to the car bay in Olympic Park, the ground was not marked by yellow crossing lines there, while I am pretty sure it was in other places, so I assumed it is not a problem to park there. Received a PCN on that day and waited for NTK which arrived on 21/11/2018. The Parking Charge is 100£ at the moment. If not paid in 29 days, I am informed (threatened) that charge will go up by another 60£

 

I will try to scan and redact the NTK once I am in the office and will send it here as well

 

Questionnaire:

 

Date of infringement: 19/10/2018 at 13:15

Not appealed to PCN

Received NTK: 21/11/2918

The NTK mentions Schedule 4 of Protection of Freedoms Act 2012

Parking Company is Gemini Parking Solutions

Location is Queen Elizabeth Olympic Park London

Link to post
Share on other sites

Hi and welcome to CAG

 

Have a look at some other threads to see wht happened in those cases

 

Here's one

https://www.consumeractiongroup.co.uk/forum/showthread.php?468641-Gemini-Parking-Solutions-PCN-Queen-Elizabeth-Olympic-Park-On-a-motorbike&p=4938261&viewfull=1#post4938261

 

and another

https://www.consumeractiongroup.co.uk/forum/showthread.php?460534-Gemini-Parking-Solutiobs&p=4866552&viewfull=1#post4866552

 

plenty of others too.

 

Gemini are members of the BPA and must follow the codes of practice.

 

Once we have your images (pdf file please) we can advise better

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

did they slap a ticket on the bike at the time? I not then they are too late sending out their NTK.

besides that no parking isnt an offer of a contract to park, it is prohibitive so you cant agree with them to break a contract as the only way of forming it.

They are just stupid but they are also greedy so telling them this wont make them stop trying to collect money they dont deserve.

Ignore them until they decide to threaten court andthen we will suggest what to say.

Link to post
Share on other sites

Take your name off the pdf PDQ.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

I have hidden the attachments for you. Nobody (except site team) can see them. carry on posting as normal.

 

If you want your username changed as well, let us know

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

The NTK is not POFA complinat, thye have missed off the vitakl detaisl of who the creditor is, thye havent used the correct phrase to indicate what is owed and how much has been paid to date and the wording should say they dotn know who the driver is so can rely on the POFA to create a keeper liability. Incompetence or laziness- doesnt matter, the end result is that this isnt an invoice that is enforceable on ANYONE, let alone the keeper.

So, add that to their failure to understnad the difference between a contract to park and prohibition and they are stuffed.

However, appeal to POPLA and they will tell you that you havent obeyed the signs so you owe the money, again ignoring the difference in the relationships created by the signs that dont hold you to anything.

So, what to do? I wouild ignore them and dont appeal as you will only make them think they might get you to pay. Let them spend their money chasing you and when they threaten court action with a proper letter before action you let them know that they havent got a contrcat to break and they are rubbish at their job so ought to ask the BPA to give them some more training in joined up writing

Link to post
Share on other sites

Those clowns would have put a ticket on a pushbike with a kiddie trailer if it was left like you parked your motorbike.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

  • 1 month later...

no that's a letter from a powerless DCA not a letter of claim from one their favourite paperwork only fake/tame solicitors

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Agreed. Notice how the letters say 'may consider' and 'if our client'. This means nothing at all.

 

Only a Letter Before Action/Claim from a *cough* reputable *cough* solicitor has any legal standing and only then should action be considered.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

  • 1 month later...

Hey Guys,

 

I thought I would jump on this message as I also encountered a similar issue with Gemini. 

I was planning to ignore as recommended above. Like the original poster, I didn't see any road markings and I fact saw no instructions or signage at the time. 

 

The only issue for me is that as I had a rental car, could this make me more liable?  

 

PCN to hirer attached. 

 

Thanks in advanced.

 

 

2019-03-13_22-55_(1).pdf

Link to post
Share on other sites

this topic is for advising mbazalik

please create your own topic at the top of this page 

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Also your Reg No and PCN numbers are shown

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

Link to post
Share on other sites

Attachment removed

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...