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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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Excel ANPR Windscreen PCN Claimform - Brewery St car park, Chesterfield on 02.07. 2018 ***Claim Dismissed***


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  • 1 month later...

Play this right and you will have a nice claim under GDPR against Excel. the existence of the ticket and its scanned image as an exhibit will be a killer for Excel.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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3.At all material times the Defendant was the registered keeper and/or driver.

 

They are suing You as Keeper, saying who was driving at this point is counter productive.  Work up a WS and post it up as PDF then we can help fine tune it If Excel are suing the wrong person as if they knew she was driving at appeal they should have been suing her.  Or have I missed something here?

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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If you draft a WS along the lines suggested, include a photocopy of the ticket as Exhibit X related to point about they say you hadn't paid, then say well not displayed so breach of T & Cs, can't do that to you as keeper as POFA not met.  A robust WS might well make Simple cut and run, he won't want to be tolchocked by a DJ for his rubbish POC and potential abuse of process. If he cries off you can hit him for around £500 for flagrant breach of GDPR.

 

Its either WS and submit, or cough up his "generous" offer (NOT) of a reduced invoice. Or sit on hands and wait for the inevitable Default Judgment, and Simon walks away laughing.

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Is best to appear, or take advantage of a telephone/online hearing, otherwise any lies or misrepresentations by Simple Simon cannot be challenged. If the WS is robust enough chances are Simple will bottle it and bail out, then you can hit him with GDPR.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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take the bits out of those threads that apply to your case, then post it here as pdf for fine tuning

We could do with some help from you.

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  • 2 months later...

With those suggestions its good to go.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • 4 weeks later...

Yes we would like to see  Claimants WS and yes we will read it as that is what they are going to rely on in court, and we can give pointers as tyo where they ar able to establish any claim, and also where they have used cut 'n paste twaddle.

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  • dx100uk changed the title to Excel ANPR Windscreen PCN Claimform - Brewery St car park, Chesterfield on 02.07. 2018

problem with their pictures of signage, is they often lie, and use signs from a totally different car park.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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If the signage is still VCS as DX mentions, then it blows a hole in their case as Simple Simon has lost in court arguing Excel is also VCS.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Don't liaise with Excel you don't have to agree diddly squat with them, Lookedin has demolished their WS so use that as a sound basis. just submit your WS bundle to them and the Court.

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That will cause them  some problems  as Simple Simon has been toclchocked in court for claiming both companies are the same previously

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Looks like Simple Simon might be better cutting and running with what is stacked up against him.

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  • FTMDave changed the title to Excel ANPR Windscreen PCN Claimform - Brewery St car park, Chesterfield on 02.07. 2018 ***CASE DISMISSED***

Brilliant well done. Another tolchocking for Simple Simon.

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