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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Intention to prosecute 58 in a 30 zone


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They have six months to prosecute. Where 14 days comes in is that they have that time to serve the first "Notice of Intended Prosecution" (NIP) on the Registered Keeper at the address held by the DVLA. The notice is deemed served two working days after posting unless the contrary can be proved. If you are either (a) not the Registered Keeper or (b) you have changed your address or (c) have recently acquired the vehicle the NIP you have received is almost certainly not the first and the 14 day rule will not apply. There are no time constraints on second or subsequent NIPs. Late first NIPs are extremely rare (in fact the system used to produce them prevents them being sent late without manual intervention).

 

Regardless of any issues with the NIP you must respond by naming yourself as the driver within the 28 days allowed. Failure to do so will see you face a "Failure to Provide Driver's Details" charge. If convicted this carries six points, a hefty fine and an endorsement code that insurers dislike.

 

That speed is too fast for a course or a Fixed Penalty. It will dealt with by court proceedings and the first you will hear is when you receive a "Single Justice Procedure Notice". As I said, they have six months (from the date of the offence) to begin those proceedings and in many areas they take all of that. This means you may not hear anything until early September.

 

The guideline penalty for speeds of 51 and above in a 30 limit (assuming you plead guilty) is a fine of a week's net income. You will also pay £85 in costs and a Victim Surcharge of 10% of the fine (Min £30, Max £170). It also carries either a ban of up to 56 days or six points. Six points is the most likely outcome but if the single justice believes a ban should be considered the matter will be adjourned to a full court hearing and you will be given the opportunity to attend (you cannot attend a Single Justice hearing).

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4 minutes ago, renegadeimp said:

 If you get a good judge, perhaps 3 points.  

Not much of a chance of that, I'm afraid. That speed is well into "a ban or six points" territory and unless there are compelling reasons to depart from the guidelines six points (most likely) or a ban is all but inevitable. 

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10 hours ago, ericsbrother said:

You may be lucky and get offered a speed awareness course ( depends how full they are and the local police's attitude to their use for the speed you were going). 

Not a chance. The National Police Chiefs' Council's guidance for speed awareness courses is they should be offered up to 42mph in a 30 limit. Even accepting that North Wales don't necessarily comply with the guidance, 58 is too much of a stretch.

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3 hours ago, ericsbrother said:

guidance, ACPO arent the lawmakers yet. Wont hurt to suggest it as the worst they can say is no chance!

 

Not only are they not the lawmakers, they don't exist any longer. The ACPO was replaced by the NPCC (National Police Chief's Council) in 2015. However, the NPCC has adopted the ACPO speeding guidelines.

 

That said, the OP is not in a position to suggest anything. Whether or not to offer a course is entirely at the discretion of the police. But I'll stick my neck out and say the chances of a course being offered for 58 in a 30 - anywhere in England or Wales -  are vanishingly small.

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