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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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ukpc/gladstone Letter Before Claim - 2017 residential parking - Jubilee Court, Bracknell


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How about -

 

 

Dear Will & John,

 

Re: your reference XXXXX, vehicle registration XXXXX

 

cheers for your Letter Before Claim.  I rolled around on the floor in mirth at the idea you thought I would actually take such bilge seriously and then cough up.

 

Now you know and I know and now you know that I know all the reasons why these residential parking claims are utter pants.

 

Your thicko client, UKPM, have been hammered in court so many times in these cases, but if they haven't learnt their lesson and want another thrashing, fine, bring it on.

 

I see the government this week dropped tests for fully-vaccinated travellers returning to the UK, so if your client is daft enough to take me to court then I will delight in tolchocking them, then obtaining an unreasonable costs order under CPR 27.14(2)(g), spending it all on a foreign holiday, and then laughing at your client's expense while I down my aperitivi.

 

I look forward to your deafening silence.

 

COPIED TO UK CAR PARK MANAGEMENT LIMITED

 

 

Gladstone's and UKPM are well aware of where these letters originate from and that they would have a real battle on in court, so lately have always run away ... although of course there are no guarantees.

 

However, hang on through tomorrow and see what the other regulars think.

Edited by FTMDave
Typo, mixing up client & clients
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The worrying aspect is that they could well run away ... then a few months down the line, knowing full well you'd moved, sue you at your old address, knowing you would lose by default.  Therefore I suggest sending the above letter off on Thursday if the other regulars don't disagree, then on Saturday another one to just UKPM

 

 

Dear UK Car Park Management Limited,

 

re: PCN no.XXXXX

 

please note that I no longer live at XXXXX but that my new address is XXXXX.

 

Yours,

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Mantis, the PPCs go to great pains to try to pretend they are some sort of official body.  They call their invoices PCNs (parking charge notice) which, guess what, are the same initials as the councils' PCNs (penalty charge notice).  They have forms and deadlines, etc.

 

The point of a snotty letter is to show them they have been sussed as the scammers they are.  It is also to show them they are dealing with someone who would put up a real fight if the matter went to court so it's better they go after someone else more likely to cough up.

 

In the cases that do make it to court we have never seen the judge criticise the motorist in any way for writing a snotty letter.

 

The snotty letter strategy generally works.  Not always.  Not with all the PPCs.  But most of the time. 

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Send the letter off to both Gladstones and UK Car Park Management Limited tomorrow and get two free Certificates of Posting from the post office.

 

The reason I say to write to both is that Gladstones have loads of previous for pushing their clients into starting hopeless court cases: after all it's quids in for them.  Let UKCPM know too they would be on to a hell of a beating if they continued.

 

 

We could do with some help from you.

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More letter writing I'm afraid.  Invest in another 2nd class stamp and send the letter in post 13 to UKCPM tomorrow, and get a free Certificate of Posting from the post office.

 

That will save you from any risk of them sending court papers to an old address and you losing by default.

 

 

We could do with some help from you.

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As you love going to the post office so much 😉 it might be worth having a third visit and sending off a SAR to UKCPM so you can get all the documentation and get to the bottom of what they reckon you did wrong.

 

The snotty letter should see them off, but there are no guarantees, you might want to get all the information just in case.

We could do with some help from you.

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