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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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VCS 2*windscreen PCN's Claimform - Monty Hind Car Park Nottingham NG7 2LX, Leengate Staff and Visitor Car Park Nottingham NG72LX


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I've converted the image to PDF so only registered Caggers can view it - best to keep the fleecers guessing.

 

The letters are a load of hot air from paper tiger debt collectors who have no power as they are not their debts.  Something to laugh at, ignore, and file away.

 

I see from the reference that VCS are the parking company.

 

You can only get a CCJ if you are taken to court, lose the court case, and then still refuse to pay.  Relax about CCJs.

 

How important is it to you that your parents aren't hassled with these letters?  You can just leave things as they are or send a short letter to VCS giving your new address.

 

People who get CCJs on the forum are invariably people who have moved, never got the court papers which turned up at their old address, and knew nothing about the court case - so consider this when documentation is arriving at an address which isn't yours.

 

I think it would be a good idea to SAR VCS to find out what they are pursuing you for.

 

 

We could do with some help from you.

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Understood.  So the important thing is to learn from this past negative experience, get genned up a bit about the law, and see the logic of what you should ignore and what you shouldn't.

 

Generic "threatening" letters about what might/could/may happen to you if you don't answer are toilet paper.  This rubbish from DCBL is the even worse, your debt, if it exists, is with the VCS parking company, DCBL are an uninterested third party who have as much power as the dead rat in the middle of the road that i saw a bird feeding off on my drive home this evening (really!)

 

You should never ignore a Letter Before Action/Letter Before Claim though, which is formal notice of intention to start legal proceedings.

 

And it is madness to ignore documents form the court, since if you do you will lose by default.  I suspect you did this when you were at Uni.

 

First question to sort out a way forward.  Are you happy that these letters continue to arrive at your parents' address or do you prefer to use your own address?

We could do with some help from you.

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Sometimes you refer to one letter/PCN, sometimes to two.  Which is it?

 

For the third time, do you want to fight this from your parents' address or your own?

We could do with some help from you.

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  • dx100uk changed the title to DCBL chasing VCS PCN

OK, thanks for clarifying things.

 

The time to take PPCs seriously is when they send out a Letter Before Claim.  Anything before is hot air.  So you can safely ignore the DCBL letter.

 

However, to fight VCS it'll be essential to find out what they are claiming you did wrong.  Therefore I suggest you SAR them straight away.  It's free.

 

Bear in mind that VCS are conmen trying to scare you into paying up.  Let's imagine for a minute that they are right and you are wrong and you really did do something you shouldn't have with your car, twice.  In that case you owe them 2 x £100.  You do not owe 2 x £160.  The extra 2 x £60 has no basis in law and has been simply made up by VCS.

We could do with some help from you.

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  • 4 weeks later...

I note you send a SAR to VCS - and they send you a PCN issued by Excel! 

 

Simon does have problems working out who he is.

 

Still, better to know the invoice was issued than to be in the dark.

 

As dx says, ignore Simon unless you get a letter before claim, but also as dx says it would be useful if you could post up which car parks correspond to which PCNs, as all this mixing up VCS with Excel could well work in your favour further down the line.

We could do with some help from you.

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  • 2 months later...
  • dx100uk changed the title to VCS 2*PCN's Claimform - Monty Hind Car Park Nottingham NG7 2LX, Leengate Staff and Visitor Car Park Nottingham NG72LX

Yes, I remember you posted it up in your first post.

 

But before starting actual court action they are supposed to send you a letter headed Letter Before Claim or Letter Before Action.  Did one of these turn up?

We could do with some help from you.

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At the moment court hearings are virtual, so if the matter gets to court during COVID the hearing will be done by phone, Zoom, etc., with no physical travelling involved.

We could do with some help from you.

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I've been joining the dots, and see these two invoices are the ones that DCBL wrote to you about.  It's of secondary importance at the moment, but what about the other two?  Is one of the others the one you paid?  And the fourth one?

 

Anyway, you talk about if you should pay or not.  As a campaigning consumer website we'd prefer it if you fought it!  In any case, when someone prefers to give in it makes sense to give in when the PPC want 2 x £60, not when they want 2 x £100 or even worse when they make up fictitious fees and demand 2 x £160.  The difference in monies between paying now, and paying after losing in court, is very small, so it makes sense to fight it.

 

VCS are eminently beatable, if you look at threads near yours you'll see that Slaughter64 yesterday gave Simon a hammering in court.  I hope Slaughter64 doesn't mind me mentioning that he/she was initially very reluctant to deal with court, but later built up a cracking case to thrash VCS.

 

As dx says, get the AOS and CPR request done.

 

So we can build up an idea of how to fight VCS, can you give us two brief descriptions of what went on in the two car parks and what VCS are claiming you did wrong.

We could do with some help from you.

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The fleecers have quoted two different car parks, but with the same post code, and from a web search there are articles in the local rag about building a new car park near "Monty Hide" and "Leengate".  So is it the same car park twice?

We could do with some help from you.

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  • dx100uk changed the title to VCS 2*windscreen PCN's Claimform - Monty Hind Car Park Nottingham NG7 2LX, Leengate Staff and Visitor Car Park Nottingham NG72LX
On 07/01/2021 at 22:21, ats101 said:

Doing some forward thinking

In this vein, we need to start picking holes in VCS's claim.

 

Normally we would say to return to the car park and take photos of the signs.  Yesterday I saw one of Simple Simon's signs where the £100 charge was written in electron-microscope readable writing right at the bottom of a huge list of information.  We had a case during the week where Simon had put up signs from two different companies of his.

 

But you can't take photos in Nottingham if you're in the IOM!

 

Do you know anyone in the area who could take photos of the signage in the car park(s)?

 

 

Edited by FTMDave
Usual typo!

We could do with some help from you.

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I'm pretty sure it's one car park, not two.  From the local rag

 

A potential site has been identified off Leen Gate, next to the River Leen, Lenton, on the opposite side of the road to the Monty Hind Boys' Club.

 

https://www.nottinghampost.com/news/potential-site-identified-multi-storey-4462706

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We could do with some help from you.

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