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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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Smart ANPR PCN - Overstay - Forged Evidence on PCN? - ***Won at POPLA***


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The logic which leads to a breach of the Data Protection Act is if the company requesting the information of the keeper had no lawful basis or rather reasonable cause to request the information from the outset.

This is one of the most comprehensive comments I have seen written on the subject.

It is my understanding that in order to win any claim for breach of the Data Protection Act you would also have to prove they had no lawful basis to demand payment from you.

 

What makes this more difficult is that whether there was a lawful basis to demand payment from you was never ruled on by a judge.

It would be far easier to bring a claim for a breach of the Data Protection Act if you had already successfully defended a court claim for demand for payment of the PCN.

 

It would appear the only way forward would be almost to have both cases heard at once, one of which is a case that was never due to be heard in court as the demand for payment was withdrawn. It could get very messy and while CAG clearly has a strong success rate with defending claims for payment with reference to a PCN there is still the so called judge lottery and I expect the lottery aspect of being successful in this claim would increase.

 

You also risk - should it get that far - that the judge decides there was a lawful basis to demand payment from you and now not only is your claim for breach of the Data Protection Act dead in the water you could also end up owing the PCN which at the moment is cancelled.

Your premise to help others is understandable but helping others requires that you help yourself and helping yourself requires ensuring that you will win. I think the general consensus at the moment is that is highly uncertain and would certainly need to be underpinned by substantial effort and high quality of the case you are able to present.

Edited by FruitSalad1010
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I think you need to be careful about your presumption that the parking company has no evidence to show the arrival time. The POPLA appeal was granted on the basis that no evidence was provided in response to the appeal. It is still plausible that the evidence does exist but for one reason or another it was not presented to POPLA in response to your appeal. As I have stated previously it may not be the case that their request was in fact unlawful and without a judgement to that effect you are risking a lot for potentially little gain.

 

I'm not sure whether above you have alluded that you are not in fact the keeper of the vehicle - perhaps you could clarify this. I cannot see that a copy of the speculative invoice has been made available in this thread and thus whether it was actually served to you personally or to the keeper.

 

This is important because if you are not the keeper of the vehicle then it is not in fact your data which has been requested.

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