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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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.

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Disciplinary help.

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Emmzzi

Emmzzi

Posted
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Get a copy of the disciplinary policy. Is reckless driving listed as possible GMC?

 

By the time they have done the investigation and decided there is a case to hear, you're pretty much done. The best chance to keep your job, if that's your wish, is to see the error of your ways and take a defensive driving course etc.

 

Not what you have done here, which is to tell us that your reckless driving to totally normal and no cause for concern. Braking late may be a "driving style" but it's not a good one! Justifying yourself and waffling will  get you out the door for sure.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Emmzzi

Emmzzi

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Given your response to me is still "it's no big deal and everyone does it", I'd say so...

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Emmzzi

Emmzzi

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It’s only gross misconduct if the policy says it is. That’s why it’s vital to have a copy before any disciplinary. 

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Emmzzi

Emmzzi

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If you are sure your views are correct, you could always check them with a traffic officer before going in?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Emmzzi

Emmzzi

Posted
Posted

Perhaps you could be as aggressive in pursuit of the policy as you are being with me? I get that you don’t think it’s fair, but that’s not the same as illegal. 
 

To improve the quality of the advice, we need the wording of the policy.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Emmzzi

Emmzzi

Posted
Posted (edited)

Is that a driving policy or a disciplinary policy? It’s the disciplinary you need.

 

Criticising the very people who decide your fate is shooting yourself in the foot. I really wouldn’t.

 

Does the policy give examples of misconduct versus gross misconduct? Often there is a list of examples for each. I’m trying to work out if you can argue for a simple misconduct for a first offence... 

 

 

Edited by Emmzzi
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Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Emmzzi

Emmzzi

Posted
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There’s hope of a warning, then, because the policy is a bit vague. 
 

you probably need it

- to be a one off

- to not have threatened life or property

 

have a think about how you’d describe that in your meeting.

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Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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