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    • Hello, firstly thank you for reading this. I know no one wants a long winded back story. So I’ll be breif. I entered a local store to buy some paint (which I did pay for) I am honestly not a bad person or a theif.   Didn’t have a basket or trolly as was on my lunch break. Whilst picking up the three tubs of paint placed some masking tape in my pocket (it was hanging out of so I had every intention to pay) just didn’t have a hand free. Paid for my goods (forgot about the £4.39 masking tape) I’ve got so much going on and im not well at all (like I say no one cares I get that) also have autism so wasn’t thinking particularly like others do maybe (who knows my minds going around and around) I left the store after paying, was pulled back in by security. Asked for the tape which I gave immediately  shook up. Gave them my ID and details. I was given some paper and told to expect a large fine in the post for their time and the tape and sent on my way. my questions are: I hardly ever go out without support so the ban I guess I can’t go there now for anything (their loss) - ok but is my photo going to be all over with my name? how much am I expecting in the post as a fine? I have sent them cash in the post recorded signed for delivery to arrive tomorrow (incident happened today) for my error. Their Address was on the bit of paper. i have read two posts on this page but they were from many many years ago so I hoped for updated advise please? 
    • V important you read lots of BMW threads too !  
    • So should I send them a new SAR and put my date of birth on it? Or do I need to send them some proof? Driving license? 
    • Thanks so much for your help!! I've emailed them, and when they reply saying they can't do it I'll reply and state my rights. I'm so glad I found this forum, and will read all of the posts I can find and help guides available for the future. Really can't thank you enough.
    • utter BS, doesn't matter you signed it. pers i'd be writing as per the other threads here rejecting the car as not as described under CRA etc and be done with it. as its a debit card you could also do a full chargeback within 120 days to your bank and simply dump the car back to BMW. 100's of like threads to read here. get your ducks inline. make sure you know what you are doing and off you go. dont take any BS from BMW, no matter what you sign it does NOT remove your consumer rights. p'haps it might be on the off chance you are a good manager , a quick phonecall tomorrow saying you dont want it because (no bla bla fitted) it might be resolved in 5 mins..i will guess to date you not tried
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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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Overcharged by revenue officer at station


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What you have done is correct: ticket facilities not available,  buy a permit to travel and pay on board or destination.

Now the problem is peak or off peak.

 

From what you said they charged you a peak because they didn't ask what time you would be returning. 

So I assume they sold you z return ticket, correct?

 

If this is the case, for a return to be off peak, both journeys must be off peak.

So if you had travelled in peak time outbound,  no matter what time you were returning,  you would need to pay peak price.

 

Of course if you had travelled off peak they should have asked.

Accordingly to the answer to the above, a complaint should solve this.

 

My advice, keep it short and remember that the important matter is peak or off peak price.

Anything else confuses the situation to your disadvantage. 

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Ok, so as you have been overcharged you now need to be pragmatic and first of all request a refund by making a complaint. 

In this first complaint do not go on about what argument you had and what conduct the inspectors were following. 

Concentrate on highlighting the fact that you must get a refund because they overcharged you. 

People looking at complaints receive thousands everyday and anything longer than a few lines is usually misunderstood. 

 

After you receive your refund, then you complain about the conduct of the inspectors,  as a completely separate matter.

I note that you were offered a refund, an argument broke out and you were escorted out of the station.

This will not play in your favour as all inspectors would have taken note of this in their notebook and possibly complete an incident report form with their version of events.

Frustrating but that's how it is, that's why I said to be pragmatic. 

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You're right, the system would allow the refund to be processed from a different terminal.

However,  ticket office staff don't get involved with revenue "disputes" that's why the op was sent back to see the inspector at the barrier. 

Sometimes inspector sell a peak ticket to fare evaders instead of issuing a penalty fare as a less harsh punishment; the ticket office couldn't know if this was the case.

There are many other scenarios. 

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In the real world a penalty fare and a ticket sale (fare) are used at inspector discretion to avoid reporting fare evaders.

Of course, non fare evaders, people who make genuine mistakes, get the same.

That's not defined mark, even though theoretically all fare evaders should be reported as such.

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The advice is: make a complaint and get a refund.

Then make another complaint about the inspectors attitude if you want, but changing the world is something that it's not going to happen, surely not for an excess fare.

Inspectors are given discretion and unfortunately some of them take this as a sign of power over other people.

It's impossible to sack all people who have a little position of power and employ more, hence the complaint system. 

That's life and as .much as everyone of us want to improve it, it's an impossible task, so don't waste your time and brain on it.

Just accept that there are things you can't change. 

Get your refund, get your apology, then move on.

That's my advice.

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On side note: I have notice that many people without the skills to argue their point, accuse others of being rude, racist, sexist, homophobic etc.

I.E. Excuse me, i don't have a receipt for this refund, but i have my bank statement,  can i get a refund?

-No, no receipt no refund

- But your policy and the law says "proof of purchase" not "receipt "

- You're rude/racist/homophobic, you must leave now or i call security. 

 

I see this happening day in day out.

Even kids do it, they're very quick at gaining a crowd's attention by shouting "racist/homophobic" so they can feel they've won the argument. 

Sad.

 

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