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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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Your parking ticket may be unlawful


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Yes it was exactly like this, apart from a different offence parking in a rewsidential bay, they took the car within 3 minutes... it really is ridiculous the way they behave i saw the images on the website and they were laughing can you believe it i can only imagine they probably get half the money!

 

can we fight this with an appeal?

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That is not mine just an example it has both date of contravention and notice/issue on. They actually don't get any of the money other than wages but are allowed to laugh at work beleive it or not. There is a code of conduct regarding lifting vehicles which should have been followed. You cannot just appeal on the grounds it was just a bit harsh you will have to prove the contravention ie the offence did not take place or that there was something wrong with the signage or process as the PCNs are valid in their layout.

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thanks for the reply,

 

but as far as i understand it now it is the fact it does not state the words "date of issue" date of notice is not sufficient according to the RTA act 1991.

 

could you clarify ?

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thanks for the reply,

 

but as far as i understand it now it is the fact it does not state the words "date of issue" date of notice is not sufficient according to the RTA act 1991.

 

could you clarify ?

 

A penalty charge notice must state—

(a) the grounds on which the parking attendant believes that a penalty charge is payable with respect to the vehicle;

(b) the amount of the penalty charge which is payable;

© that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;

(d) that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;

(e) that, if the penalty charge is not paid before the end of the 28 day period, a notice to owner may be served by the London authority on the person appearing to them to be the owner of the vehicle;

(f) the address to which payment of the penalty charge must be sent.

 

No mention of date of issue I'm afraid.

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Sort of along the same lines... I received a parking ticket today however the licence plate recorded on the ticket is incorrect. Does anyone know if this also invalidates the ticket?

 

If I take my chances and don't pay - does anyone know if the Council can still obtain my details from the Excise Licence number (tax disc number?)

 

Thanks!

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Sort of along the same lines... I received a parking ticket today however the licence plate recorded on the ticket is incorrect. Does anyone know if this also invalidates the ticket?

 

Yep. Also they will not be able to send you an NtO. If it is an otherwise valid number, some poor bastard is going to get the NtO and he'd better pray that he doesn't have the same make ad colour car - otherwise he's going to have a hell of a job.

 

If I take my chances and don't pay - does anyone know if the Council can still obtain my details from the Excise Licence number (tax disc number?)

 

Thanks!

 

No. I doubt if the DVLA could provide a coherent response to this

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hi, had parking ticket for not displaying permit,with day and date scratched off, its a scratch card,where you scratch day and date off.i contested it and received photos,sure enough my van on double yellow with very cluttered dash board,photo taken from5 yards.next photo,close up of dash board with scratch card in with no day or date scratched off.trouble is it was a perfectly clear dash and not even my steering column.any thoughts please.tez

hi,

been 7 weeks since letter sent complaining of different photos.

phoned today,fobbed off with backlog.

i think their hoping i just go away,and they will forget about it as well.

i dont want to let it go though.

next step?

tez

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hi,

been 7 weeks since letter sent complaining of different photos.

phoned today,fobbed off with backlog.

i think their hoping i just go away,and they will forget about it as well.

i dont want to let it go though.

next step?

tez

 

 

Unless the photos are time stamped with the same time/date as the PCN they are not of any use to the Council.

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  • 2 weeks later...
  • 2 weeks later...

Hi all,

 

I've read through several pages of this thread (though not all 36!). I hope it is okay to ask this, as the first post was made over a year ago, do these rules still apply?

 

I have a PCN from Westminster that says Date of Notice. There is no mention of Date of contravention.

 

I have scanned the ticket for your viewing pleasure.

 

I was parked on a yellow line on a Saturday morning (went to get my daughter some pet fish and was there for about 10 minutes). The rest of the road is residents parking mon-fri 8:30-6:30. I didn't notice the no loading sign by this yellow line that was mon-sat until half 6.

 

If this PCN is incorrect then at least I can avoid the £60 fine. Can I do so?

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The date of contravention is on the ticket built into it, just not labelled as such.

We need to see what's on the reverse of the ticket.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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  • 2 weeks later...

Hi Guys,

 

I thought I had entered into a new type of language!!

 

My question if anyone can help refers to where single yellow meets double yellow. I was parked on single yellow but after making enqs told my back wheel was on double yellow. What is the rule of position of a tyre where this occurs. If anything my tyre may have been on the bar but I will scrutinise the photo I took. I rang lambeth Council who also have a photo. First they said it was because my boot was over double yellow but I said it is where your tyre is positioned.

 

Many thanks

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Hi Guys,

 

I thought I had entered into a new type of language!!

 

My question if anyone can help refers to where single yellow meets double yellow. I was parked on single yellow but after making enqs told my back wheel was on double yellow. What is the rule of position of a tyre where this occurs. If anything my tyre may have been on the bar but I will scrutinise the photo I took. I rang lambeth Council who also have a photo. First they said it was because my boot was over double yellow but I said it is where your tyre is positioned.

 

Many thanks

 

 

What contravention 'offence' did you commit and was the single line not in use at the time?

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It was actually my partner who was driving car registered to me. They sent notice to me as owner. It was ok to park on the single yellow as was 8.30pm but the back tyre may have connected with the double yellow which was just behind. I will scrutinise photo again but wondered how much the tyre would have to be on double yellow to get a valid ticket.

 

Thanks again

 

D

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OK, typo on my part, it was the afternoon but the question still remains, is the ticket unlawful?

 

 

Sorry wasn't being pedantic just thought the wrong time may have been put on PCN. The PCN looks compliant so if the signs and lines were ok it looks like you will have to pay up.

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hi, had parking ticket for not displaying permit,with day and date scratched off, its a scratch card,where you scratch day and date off.i contested it and received photos,sure enough my van on double yellow with very cluttered dash board,photo taken from5 yards.next photo,close up of dash board with scratch card in with no day or date scratched off.trouble is it was a perfectly clear dash and not even my steering column.any thoughts please.tez

 

been to appeal,

council standing by their photos,say i should pay.

i can proove that photo of van with scratch card in dash is not that of a transit.which i have.

they have a distant photo of my van,o k.not disputing i was there.

but photo of dash is not mine,i didnt even have scratch card on dash.

 

but they are still trying to get me with.....,having scratch card ,with no time or date scratched off.

tez

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Was this the formal appeal in response to the NtO? If so, is the letter that you have had a formal Notice of Rejection. If so, then it should include the forms, etc. to appeal to PATAS - that is your next stage. You can conclusively demonstrate to PATAS that the Council are providing false evidence - take your own pictures: firstly showing the vehicle and VRM and then a closer one of the dash.

 

If this is a rejection of informal appeal, wait for NtO and appeal formally using exactly the same grounds/information (don't give them any more information to allow them to 'correct' their error) and wait for the formal rejection; then appeal to PATAS

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