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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 
      • 81 replies
    • 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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NIP, sorry.........


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1 hour ago, hovercraft said:

You can't have a dual carriage way on one side!" didn't know this inspite of driving for some 40yrs. Every day a school day

 

A dual carriageway is a road which has a central reservation to separate the carriageways. If there is any dispute over whether a road is a dual carriageway or not (e.g. if you defend a speeding charge on the basis that the road you were on was a dual carriageway and the prosecution disagrees) it will be for a court to decide who is right. If you think about it you cannot have a "one sided" dual carriageway. If the road is divided by a central reservation it is a dual carriageway (in both directions) and if it isn't it's not. Could you be thinking of a situation where a single carriageway road has a "service road" along one side, divided from the main road by, say a pavement? 

 

 

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2 hours ago, hovercraft said:

Hi, thanks for the reply. No, I was definately on a 2 lane (my side) of the road (an overtaking section?), the otherside may have been a single lane.

 

Yes but did it have a central reservation separating the two carriageways, or was it just white line? As honeybee has indicated, there may be some confusion as to what constitutes a dual carriageway. The number of lanes is irrelevant. It is the dividing reservation which must be present.

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  • 2 weeks later...

You need to keep an eye on this.

 

Obviously all courses have been cancelled UFN. However, under the normal process you would firstly be offered a course. If you failed to take it up you would be offered a fixed penalty. Finally if you failed to take up that offer you would face a court hearing and that decision is usually taken four months after the offence date

 

It's not at all clear what they intend to do in cases like yours (where a course was offered before they were all cancelled). No courses are being offered now and low-level speeding goes automatically straight to a fixed penalty. Whether they will withdraw course offers in cases like yours is not known. One would hope that common sense prevails and they simply revert to a fixed penalty. But the danger you face is that they do nothing and then you will face a court hearing by default (they have six months to begin proceedings). You are in a bit of a cleft stick because if they do nothing and the matter "times out" you're off the hook entirely. But if you "poke the hornet's nest" at about four months it may stir them into action. If the worst happens and you do face prosecution the court has the discretion to sentence you at the fixed penalty level.

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A fixed penalty is £100 and three points.

A single speeding offence is not likely to make a significant difference to your insurance premium unless you are in a particularly high risk group.

 

However it looks like they have matters in hand.

If you do take the course one thing to bear in mind is that you can only do one of any type within three years (with the date of the offences being used to calculate that period).

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