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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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ParkingEye ANPR PCN PAPLOC Now Claimform - Overstay - Riverside Retail Park, Chelmsford, Victoria Road, Chelmsford, Essex, CM1 1AN


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That's because it's probably not there - i.e. the fleecers haven't bothered with planning permission, which is a criminal offence.

You can pay £50 and the matter would end there.

Or you can decide to fight these complete charlatans with their illegal signs and absurd time limits in retail parks where families with children go to shop and to eat.  If you decide the latter we will help all the way.

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  • 1 month later...

That's an excellent letter from LFI.

 

Send it off 2nd class post and get a free Certificate of Posting from the post office.

We could do with some help from you.

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  • 2 weeks later...

CAG is a self-help site.  Surely you've been reading other Parking Eye threads to get the gist of the legal process and what will happen next?  There are numerous references all over the forum about a new Act as the government is in the process of regulating this horrible industry (which of course the private parking companies don't like).

 

Recently someone didn't reply to a Parking Eye LoC.  The result was that PE reckoned that as they had ignored a LoC they might also ignore a claim form and so raced to start a court claim in the hope of getting a default judgement.  That is what will happen to you if you don't reply.  Especially as you overstayed for nearly 40 minutes.

 

They might still start a court case even after receiving a snotty letter, there are no guarantees, but what LFI has drafted will at least make them pause for thought.  You are showing you know the law and are aware of their shenanigans and would be a big pain in the backside for them if they did do court.  Generally - not always - they go after some mug who it is easier to bully into coughing up.

 

LFI has already put the work in here for you.  All you have to do is copy LFI's letter, stick in the PCN reference, and send it.  As already scribbled, send it off 2nd class post and get a free Certificate of Posting from the post office.

We could do with some help from you.

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  • dx100uk changed the title to ParkingEye ANPR PCN Letter of Claim - Overstay - Riverside retail park, Chelmsford
  • dx100uk changed the title to ParkingEye ANPR PCN PAPLOC Now Claimform - Overstay - Riverside retail park, Chelmsford

When you've done Acknowledgement of Service please come back because there are a couple of things to consider regarding defending specifically Parking Eye cases.

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Right, so you need to prepare your defence.  Go to  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/  and scroll down to  Q2) How should I defend?  There is the template defence.

However, PE operate differently from other PPCs with court claims.  They don't invent Unicorn Food Tax.  However, in recent cases, like yours, they have hit on claiming more money by adding solicitors' costs even though they have no solicitor.  Therefore the defence is fine except for point 5 which needs to be altered:

5.  The Claimant is abusing the court system by claiming £50 for legal representative's costs even though they have no legal representative and indeed are representing themselves.

I see your deadline is Friday 21.  File it on Thursday 20 just to be on the safe side.

        

 

We could do with some help from you.

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  • 2 weeks later...

Yes, fine.

Obviously cut out your note in (5) -

I can see on their letter there was the name of a solicitor ( no address was given for the person which is strange )

We could do with some help from you.

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  • 1 month later...

So confirmed, no DQ has been sent by the court.

PE are trying one of their slimy, "frightening" tactics.

Ignore the rubbish they've sent.  Wait for the real DQ from the court.

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Very good move to contact the retail park owners.

However, you're right that you should have done it while this was a simple PCN, now that there is a claim form you can be sure the fleecers will fight like hell to not cancel, because the poor dears have shelved out the enormous sum of £35 to start the claim.  Have a look at the last couple of pages of Reapstar's thread at Goodmayes Hospital.

Good move though. 

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  • 1 month later...

You can send a SAR at any time, but as you have the original paperwork I don't see the point.

Just get the DQ off.

After that, if you can get pix of the "change" from 2 hours to 3 hours' free parking it would be extremely useful.

Any reply from the retail park?

We could do with some help from you.

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I've only skimmed through the bilge from Sammy, as we've seen nearly identical rubbish sent out in several PE cases recently.

I think it would be a good idea to get lots of photos of the 3-hour signs, both close-up and how they can be seen from vehicles, for your WS.

There's no need to mention the change from 2-hour to 3-hour in your WS, just ignore that and show loads of 3-hour signs and put PE to strict proof that the signage was different in April 2022.  They certainly won't be expecting this line of attack.  And Sammy will have no info about the changeover date.

Also get on to the council and find out the original planning permission and its allowances for free parking - I bet it was 3 hours.

As for your other questions about the legal process and what comes next - if you read this short thread you will see all the steps that are coming  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments 

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  • dx100uk changed the title to ParkingEye ANPR PCN PAPLOC Now Claimform - Overstay - Riverside Retail Park, Chelmsford, Victoria Road, Chelmsford, Essex, CM1 1AN
  • 3 weeks later...

Thanks for your PM.  However, I'm replying to your thread so all the regulars know what is going on and can chip in and help.

I understand you have a letter from the court with a mediation appointment.

Well it's good news that the DQ was accepted and the e-mail address hiccup wasn't fatal.

Nor would mediation be a big deal - but did you not follow the advice in dx's guide?

On 12/10/2023 at 14:57, dx100uk said:

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

 

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Can you please upload the letter from the court re mediation?

It may help you - and others in the future in the same situation - to learn how to get out of mediation.

 

We could do with some help from you.

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