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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
      • 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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CP+ ANPR PCN - overstay+Wrong reg entered - WHITELEY SHOPPING CENTRE***Withdrawn***


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Back in November I went to Whiteley Shopping centre with my wife and 2 friends.  We were there to eat, shop and go to the cinema.  You are allowed 4 hours free parking and are also allowed to top this up to 6 hours for the cost of £2.  I purchased the additional 2 hours by putting my registration into the machine, putting in the £2 (supplied by my friend) and then received a very small receipt which I put in my pocket.

 

We went off, did everything and came home.

 

Two weeks later I received a PCN from CP Plus saying that I had overstayed the allotted free parking duration but did not state by how much.  There were two photographs showing my car entering and leaving with a time of 6 hours and 3 mins.  So to me I was 3 mins over my time.  The charge was £100 but if I paid within 14 days it would be £50.  I appealed to them straight away saying I had paid to extend my free stay and unfortunately the small receipt I got from the machine had long gone.  I asked them to interrogate the machine and to provide me a list of what cars paid around the time.  They ignored this and I received no reply.

 

I then went via POPLA to appeal my case.  It seems that this did weight my appeal but when asked to provide a list of cars that paid from a certain machine they sent one from a different one as my car registration was not on there.  I then re-appealed to POPLA explaining the mistake but then my appeal was rejected and was told I had 28 days to pay.  That was on March 5th.

 

I rang CP Plus and explained the problem and tried to get something from them but the girl on the other end of the phone failed to understand in simplr terms what I was asking so said to send an email.  I did this and waiting 3 weeks for a response.  I then resent another email a week ago but no reply again.

 

As I write this I have just over 24 hours to 'pay'.  I still want that information from that parking machine as I know I was right.  How can I force them to provide this information?  Just for my piece of mind at the end of the day even if I do give in and pay.

 

Thanks

 

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Thanks

 

That's what I said but as I have no proof that I bought a ticket they default to the 'read the signs in the car park......entering a contract...agree to terms and conditions'

 

I need the data from the car park machine to validate my case.  Either the machine did not link to the cameras or I made a spelling error when typing it in.

 

 

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  • dx100uk changed the title to CP+ ANPR PCN - overstay+Wrong reg entered - WHITELEY SHOPPING CENTRE

I have just been given the full access via a SAR to the POPLA appeal. 

CP Plus has provided a print from 'a' parking payment machine' in the same car park but my registration is not on there and nothing even close to mine. Whether the two machines share the same data is the question I have raised but have had no reply.

 

So the only hard evidence I have of actually buying a ticket a my word, my friend's testimony who provided payment and witnessed me getting the receipt (now lost) and both our wives who saw us stood by the machine but did not witness anything else.

I now await the SAR from CP Plus and hopefully data from the right machine.

 

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Well I had a nice reply from CP Plus and as ericsbrother said they won't give anything away. (see attached)

 

Going by their initial report to the POPLA appeal, the evidence did not show my registration off their machine or anything even close and this is what they would show if it went to court.

 

I cannot prove that I did what I did so I either back down and pay under protest or wait for them to take it farther and stress over it.

 

Thanks for all your advice so far, it was much appreciated

cp PLUS REPLY SAR.pdf

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  • 1 month later...

Am pleased to say that after sending several emails to the shops and also the Whiteley Shopping Centre management they managed to get the PCN dropped after all this time. So it proves that they can withdraw the PCN at any time so don't give in.

 

Thanks for all he posts and advice.

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