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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
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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.
      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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Please suggest .

We went to the retail park with 3 children and partner on 27/4/22.Little one 6 month old.

Happened to spend time at Mc Donald’s and Matalan .

Overstayed the 2 hours limit. 


Please guide as to how to save myself needs to be paid in 4 days!

 

 

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Please answer the following questions.

 

1 Date of the infringement :27/04/2022

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - fine issued on 30/04/22

 

3 Date received 09/05/22
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Yes

 

5 Is there any photographic evidence of the event? Yes
 

6 Have you appealed? [Y/N?] post up your appeal] No
 

Have you had a response? [Y/N?] post it up Na
 

7 Who is the parking company? Parkingeye

 

8. Where exactly [carpark name and town] Riverside Retail park, Chelmsford 

 

For either option, does it say which appeals body they operate under. BPA
 

If you have received any other correspondence, please mention it here/no

 

 

PCN.pdf

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  • dx100uk changed the title to ParkingEye ANPR PCN - Overstay - Riverside retail park, Chelmsford
  • 1 month later...
  • 2 weeks later...

As an expert on this you seem to know what you are talking about. I do not get the details here. Sounds Greek and Latin!! I know you are trying to be helpful 
 

Am lost as to how to write a snooty letter.Should I write one  in the first place?  If I write one , and say with three kids I need time to get in and out and time to get out , it would be accepting that I was driving.

 

I live far from the parking site of the incident. So I can’t go back to get photos.

 

Please can someone explain in simple English? 
LFI do you think they would drop it?

 

what should I be doing? Am lost.

 

LFI you are saying that PCN is non-complaints , why do you say that please?

 

No council planning permission? Are you sure? Although I did look up I could not find it. May be there is something and I have missed it.

 

what is the new Act? Please could you elaborate?

  • Confused 1
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Dear Parking Eye,

Re: PCN no. ........

Cheers for your letter dated 18/06/2022, which I'm guessing was your teaboy's attempt at writing a Letter Before Action.  I had a good laugh at the idea that you really think a motorist would take such tripe seriously and would actually cough up.

I would like to highlight that there is no cause for claim as there is no contract between us. 

Could it be that as the Private Parking Code of Practice has been temporarily withdrawn you though you would sneak this one through hoping that Judges and motorists hadn't read it?

Oh dear. A PCN that is non compliant, no Council planning permission and you still don't know who was driving. No wonder you do not want to serve up this junk of a case after the whole of the new Act comes into force.

What? You didn't know some of it has already been in force? That the  BPA Code of Practice has not been complying with the Law?

And who do you choose as your legal aid?  Gladstones? They may not be the worst solicitors in town, but if the worst one does close down Gladstones should be worried. Elms? No sniggering at the back. QDR? Seriously?

There is always DCBL if you want to lose a case. Mind you they are all incompetent and perhaps more interested in garnering their own fees rather than trying to win an unwinnable case for you.

The gravy train has come to a halt. If you have any sense, or should I say if you can see beyond your usual greed, this is one you should pass on.

Now you know and I know and now you know that I know all the reasons why your claims against motorists parking at the Riverside retail park Chelmsford are complete pants.

  If you want to go to court, fine, I will go for an unreasonable costs order under CPR 27.14(2)(g) and then spend it all on a foreign holiday after borders reopen while laughing at your expense.

I look forward to your deafening silence. 
Above is the content that you have given me here and on various threads earlier. Would this be good enough?

Need to respond soon as the 30 day cut off is close.

 Thanks a ton for all the guidance.

Experts please suggest if the above letter would be good?  It is it too snobbish?

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  • dx100uk changed the title to ParkingEye ANPR PCN Letter of Claim - Overstay - Riverside retail park, Chelmsford
  • 3 weeks later...

I did not expect a reply from them. But they have responded that too with a letter quoting various court cases . Just wondering what next? Do I take it that they are begging me to pay ? Or will they really take me to courts?

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  • 2 months later...
  • dx100uk changed the title to ParkingEye ANPR PCN PAPLOC Now Claimform - Overstay - Riverside retail park, Chelmsford

Which Court have you received the claim from ?

Name of the Claimant :           Parking eye ltd

Claimants Solicitors: -Jayne LEONARD

Date of issue – 19/06/2023

Date for AOS - 07/07/2023

Date to submit Defence - 21/07/2023( I have not submitted defence yet) would that be an issue?

What is the claim for  .

1.Claim for monies outstanding from the defendant in relation to a parking charge issued 30/04/2022.

2.The signange clearly displayed throughout riverside retail park chemsford that this is private land and is managed by Parking eye and it is subject to t&C, including max stay period, by which those who parkagree to be bound.

3.Parking eye's ANPR system captured vehicle- xxxx enetring and leaving the site on 27/4/22 and opverstaying the maximum stay period .

4.Pursuant to SCh 4 of the POFA2012 act, notice has been given to the registered keeper , making them liable for Parking charge payable upon breach.

 

What is the value of the claim? £170

AMOUNT CLIMED -£85

COURT FEE -£35

LEGAL REP cost -£50

total £170

Total Amount 

Have you moved since the issuance of the PCN? (y/N - if Y state Date too)NO

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? Y/N + date and did you reply?NO I have updated the last communication here which was a good few months back!

 

I have attached the court claim page as below. 

COURT CLAIM PE.pdf

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Thank  you for your response . 

Now do I need to do the above outlined before 7/7/23 or before 21/07/23?

I am thoroughly confused !!

Please suggest .

I have been trying to tread through various posts ,

I get that I am better off writing to them asking for more information.

AOS is on the MCOL website and that is to be done closer to 21/7/23 so that claimant do not get much time?

 

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Thank you for that @Nicky Boy. I did read up a few more posts last night and gathered that. 
 

It’s the legal jargon that scares the hell out. 
 

The group has been excellent in supporting. I think I am having too many things on my plate. Really wish I had paid up and finished it. But thank you will do exactly as you & Dave said in the earlier threads.
 

 

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