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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 - Overstay - service station - SOUTH GATE PARK, A120 Stansted Airport , CM24 1AA


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Now if the parking co sent the original NTK to the lease co, who named your employer who then named you as the driver then that would explain the delay in getting the notice and if they did the other bits right it would be correctly issued. that actually creates a problem for your employer as they arent allowed to name you as the driver without your permission and they cnat be liable as a company so should have just kept their big mouths shut.

 

Now the damand for £160 would be unlawful if they rely on keeper liability but as you ahev been named as the driver then they can try and enforce the charges if the siganeg makes it clear that these will apply and I doubt if the wording is good enough to specify exactly how this would be calculated.

 

SCS law are just another rentathreat as they are acting purely as a debt collector so dont panic over this letter. They may get paid to proceed further but at the moment there is no certainty to that.

 

Now what we would like to see is the signage at the site, esp as seen frok the entrance to the land from the public highway. Often the only signs are small ones scarreted about but nothing that can be read at 70mph as you pull off the dual carriageway (insufficient and inadequate signage).

 

Then check to see if they have planning permission for their cameras and signs. No PP and they are criminals and you cant enter into a criminal compact eveb if you wanted to. the local council will have the answers to that but it can be difficult getting them to understand what you are after as they may well confuse your request with signage for the facilities

Edited by honeybee13
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the sigange says see other signs for full conditions.

That means you havent been offered a contract but an "invitation to treat" so you cna decide you dont want to bother with their contract and still park there.

 

I will need better pictures of that sign so it is possible to read the small print

but if past cases are anything to go by they dont have a contract to breach unless you agree to it, this isnt the same as a proper offer of a unilateral contract via an advertisement.

 

They claim they dont even know they are advertising when you pull them up on the planning bit so are they lazy or stupid?

Edited by dx100uk
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  • 2 weeks later...

So they dont have permission- end of story.

 

they will try and justify this under deemed consent but that isnt true as it is a different class for signs that are imformational or warning signs and these arent either, they are ADVERTYISING a unilateral contract.

 

The imformational signs are things that say "bus stop" or the name of a railway station or "fire exit".

Edited by dx100uk
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they dont have permission and that is that.

it would be a separate application as they wont have had the parking cowboys in place before they built it would they?

 

no need to look any further into this, now dig into other stuff regarding the siting of the signs so you can rubbish them on that if need be.

Edited by dx100uk
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  • 4 months later...

it is quite common for people not to return to a thread it things just dont happen or they get a letter saying they have been let off as a GOGW or whatever.

We like to know what happed  as it helps us see what strategies the parking co's use and also what works for us and what doesnt so we can change our plans if necessary.

the BEAVIS decision stopped a very common defence in its tracks but we put more emphasis on others things that would have been very secondary consideratiosn a few years ago. the more a particular defence is successfully used the wider it becomes known and that creates more success as cases become persuasive y their very existence.

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