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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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CEL PCN Claimform - Tenerife Buildings, Station Road, South Gosforth, Newcastle NE3 1QD *** Claim Discontinued***


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Hi laluna - well done on your draft WS. I noticed on section 4 under Contracts you'd left in the company name VCS - just an oversight.

 

With some reluctance, I actually removed most of the section headed ANPR which you've included at the end of your WS,  on erics brother's advice, as he rightly said it was commentary and not directly relevant to our case. 

 

The WS that's posted in our thead is not actually the final version, as I tidied it up after that.

 

I did also post up the notes for cross examination (a blow by blow attack on the claimant's statement), which make additional important points, like the chain of authority from the landowner to the parking company, which I homed in on after submitting the WS, but were to be ammunition at the hearing.

 

See "Extra points on claimant's statement" on our thread above, in case there are any relevant points.

 

Good luck with your battle!

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  • AndyOrch changed the title to CEL PCN Claimform - Tenerife Buildings, Station Road, South Gosforth, Newcastle NE3 1QD *** Claim Discontinued***

That's a brilliant idea and definitely worth the trouble.

Parking companies should be held accountable for their frivolous claims.

I know only too well how much time and effort goes into defending them, especially when you have no relevant experience and are starting from scratch.

Even if they decide to withdraw, there's still been massive disruption in your life.

Go for it!!

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