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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.

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    • 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.
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      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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CP+/DCB(L) ANPR PCN PAPLOC- Overstay - Moto Service Station Bridgewater


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I am helping my son who is presently working in Greece.  

 

He has received a  Letter of Claim to our home address.  My 23 year old son has just finished university and was hit by the pandemic so is taking any job he can find.  Whilst at university in 2017, he had to help pay a few bills and therefore had a few part time jobs, including being a waiter, barman at festivals and events.  On this occasion he parked in a Motorway Carpark (Moto Bridgewater) after working late. He finished in the early hours of the morning and was so tired driving on the motorway that he pulled over to sleep in the car.  This was on 23.7.2017.

 

We appealed the initial Charge Order and told them at 4am the carpark was deserted and he was not harming anyone by just parking and not getting out of the car, all he needed to do was sleep.  Otherwise he was a danger on the road to other drivers including himself.   If I can remember the original parking fine (which I have left in Zimbabwe) he overstayed by an hour and left at roughly 9am.   He slept in the car.

 

His appeal was denied - but I was so incensed at the time that the appeal was denied, I said I would happily see them in court. There are always notices up on the motorway saying don't drive tired.

 

I thought it had gone away but we have just received this in the post below on 26th July 2021.

Your assistance here would be greatly appreciated too.

 

DCB Legal PAPLOC Moto Bridgewater 2.pdf

Edited by dx100uk
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Subject:  CP Plus Ltd t/a Groupnexus

PCN Ref: ……….

Amount Due: £170

 

I am the keeper of the vehicle, that is no longer, it was sent to the scrap yard over a year ago.

 

The offense that took place on 23 July 2017 at Moto Bridgewater is hardly an offense.

My son who was driving home, after working until 2am in the morning at a function, found himself going to sleep on the motorway.  This as you know can be fatal.

 

Being a responsible 19 year old, he decided to pull off the motorway immediately to save falling asleep at the wheel and causing possible damage to himself and a fellow motorist.

 

He stopped at the nearest motorway services, pulled over in a deserted car park (after all it was in the early hours of the morning!) and fell asleep.

He woke up 4-5 hours later and did not realise for one moment that he was in the wrong.  We feel he made the correct decision, especially as he adhered to messages on the motorway, telling him to stop if he felt tired to avoid accident.  

 

I was shocked that my initial appeal was not dropped.  We are totally prepared to go to court and believe the judgement will rule in our favour.

 

Please let me know how you wish to proceed.

 

Yours faithfully

 

Let me know your thoughts.  Sorry forgot to look up other examples.

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I wrote to my son at the time:

 

 

I have appealed on your behalf for the parking at Moto Bridgewater.  You should get a copy of the appeal sent to you as I used your email address.  Please send me a copy when you get it.

Attached is proof.
It was quite weird that we both got Notices sent to us for the same parking offence, but at least I sent the same appeal to both.
Mum


The fleecers obviously sent the first letter to both my son and I at the same address - two different claims:

 

See below my appeal sent on 23.8.17

1
Further Information I sincerely wish to appeal against the parking ticket fine that has been sent to me. My son ........ was driving the car at the time and stopped at the Moto Bridgewater services purely in the interest of safety to himself and other road users. Having felt tiredness, after working at a wedding in Cirencester, (...........) he pulled over at the services at 0344 to rest briefly on his journey home. He did not leave the car and inadvertently fell asleep. Also in his defence he was totally unaware that at the services there was a restriction on parking, he believed he could park freely and recover briefly before proceeding with his journey. Please also take into consideration the time of his parking. He was parked in an empty car park and certainly was unaware that he was contravening any parking restriction. We have always stressed to him, as a young driver (18 years old) to put safety first and never risk driving if he felt tiredness. We ask for your understanding in this matter and feel that he acted responsibly given the circumstances, therefore we request you waive the charges on this occasion. Thank you in advance for your kind consideration in this matter.
Submitted on

 

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  • dx100uk changed the title to CP+/DCB(L) ANPR PCN PAPLOC- Overstay - Moto Service Station Bridgewater

Thank you I am going to read and re-read your advice.  

 

Ok I will share and get my son to follow the advice.  I think the letter is a great idea coming from Greece and I will make sure he gets proof from the post office etc. I might give them an address in Zimbabwe as his new address which is where he is staying when not working in Greece!

 

I am so grateful for the help.  I wish we had come to you in the first place when we received Parking Notice.  Would have saved a lot of time. If we get a response to the letter, I will come back to you.

 

We are prepared to go and stand in court and represent ourselves - as I feel strongly that people should not be exploited and harassed like this.

Cheers

 

BTW I have learnt my lesson, I am going to forward my post to a family member from now on.  I cannot go through hours of this ever again.  

 

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ok what we have done is we are sending tomorrow the two letters from Greece registered post with a Greek stamp.  

My son is also sending the second letter with the small amendments to both CP Plus and DCB Legal with a friend flying back to UK who will post it in the next 2 days. 

So 4 letters will go out to them with his Zimbabwe address on the first and his Greek address on the second.

Thank you for playing safe.  I think it is wise.

 

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The issue is he is only working in Greece until 4th September and then might go back for a few more weeks but we are not certain.  He is actually now living in Zimbabwe from end of October/November onwards before he travels again, so that is the only permanent residence out of UK.    Post does take a bit of time to get to Zimbabwe - it is not exactly reliable, but I thought the whole point was to give them an address out of the UK.

I think he has already sent the letters now with the Zimbabwe address.

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