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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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MET ANRP PCN - Burger King - overstay? site 997 BP Blue Boys Tonbridge, TN12 7HE. **CANCELLED BY BP**


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Hi there.

 

I got this notice today for an apparent 70 minute stay at a petrol station complex which apparently has 30 mins max.

 

I parked in a burger king which was part of the complex as we had lunch there and there was no advertised limit.

The photos on the notice are from when I drove in and out of the whole complex, not from somewhere within the complex and on the rear photo of my car they've used the front licence plate photo as evidence.

 

The area was a labyrinth of different parking spots - part of BP, M&S, Burger King and others but not clear signage was present at Burger King parking area.

 

Based on this and that they have no photos of my car within the area (only on entrance and exit)

 

I am thinking this is a bit of a cheeky and unenforceable "fine", not to mention far too high.

 

What are your thoughts on my next steps?

 

Ignore, tell them i'm not going pay for above reasons or go through their official dispute process?

 

Thanks in advance!

 

MET PCN.pdf

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  • dx100uk changed the title to MET ANRP PCN - petrol station overstay?

1 Date of the infringement 8 may 2022

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 12 may 2022
 

3 Date received 12 may 2022
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] NO
 

5 Is there any photographic evidence of the event? YES BUT ONLY OF ROUNDABOUT ENTRANCE TO SERVICES AREA AND EXIT, no photos of vehicle at the services centre
 

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

Have you had a response? [Y/N?] post it up NO
 

7 Who is the parking company? MET PARKING SERVICES

 

8. Where exactly [carpark name and town] BP Blue Boys Tonbridge, TN12 7HE
 

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

 

 

...................

 

Thank you all for your quick advices and help, and also for redacting extra parts of the pdf! Yes for the street view images, they seem to be from about 5 years ago so signage might be different now but I can’t really recall anything obvious - would have to drive all the way back.

 

My understanding is the best thing to do is nothing, right?

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Ok. There are other parking areas within the complex such as for HGV’s, random spots, some outside m&s too. But as you say all are covered by this single camera at entrance exit near to roundabout. I will ignore it. Thank you all again!!

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  • dx100uk changed the title to MET ANRP PCN - Burger King - overstay? BP Blue Boys Tonbridge, TN12 7HE

Thank you and yes I guess many have asked the same questions before - and that you are all volunteering your help and guidance and time here is really amazing. The power of collective knowledge! I’ll help pass it on.

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  • 1 month later...
  • 2 months later...

Hello - after being away for the summer I’ve returned to three letters. Dated 5 July, second one 27 July and last one 15 august threatening legal action. The latest one gives me seven days which have elapsed as I only returned home today. Please see attached - what advice would be given at this stage? Thank you in advance!

 

And the latest one attached 

 

letters.pdf

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Thank you all So much and haha I may do the post card depending on how it all pans out. Quite an unnecessary hassle all this though. I am slightly concerned that in the interim they may have erected far clearer signage and plan to use this later saying “see, it is clear that you can’t park there…”

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  • 3 weeks later...

Another letter today - see attached. I think this is also like the previous ones and NOT a letter of claim, correct? Today by chance I was driving past and went to take photos - the area I parked in was not covered by signage that was elsewhere, and I took photos. There’s no way the cameras could have known where I parked after entering. Could have been any of the areas not covered by signage! (And it was)

PAY NOW To speak to Payment Tel. No. the (247) collections team 0208 234 6775.pdf

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One thing I’m concerned about:

what if I move home next year and they decide to send a LOC in, say, 3 years

- will they track wherever my car is registered and send letters to the new address or will I likely not receive it?

What happens in the latter case?

Also what happens if I sell my car before a LOC?

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Wonderful thank you! It’s truly shocking what these people with no powers are allowed to do, wording things in such a way as though they are the law of the land and no doubt terrifying most people into paying. Highwaymen!

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  • 1 month later...

Thanks - ok 👍

 

I’ve read the long thread and have the PAP reply form downloaded and ready to be filled once I get the LOC, which I assume is a given now in prob another months time or so.

 

At that point I’ll pop back to check I’ve done it correctly.

 

When it comes to stating the reason for my dispute, that would be lack of signage and the fact I went to Burger King to eat, I suppose?

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  • 2 months later...

Read the 6th post in the loc thread now - thanks, will come back here if I get a LOC for support on writing a snotty letter. Been three months since I last heard from them though…

Edited by dx100uk
unnecessary previous post quote removed
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Well, the LOC arrived today from debt collection agency CST law. The top line message is "pay within the next 30 days or court action may commence".
Given it's a private "fine", might I ask for advice on what I should do next?

 

There is a part of me that is concerned they have "evidence" to genuinely back up their claim that their "client is satisfied that it has sufficient evidence to the support this claim"...

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Oh yes so it is. My snotty letter is thus:

Thanks for your Letter Before Claim. There is absolutely no point in you pursuing this and I suspect you know that. Your client’s invoice is total farce and there are a million reasons why it will never stand up in court. Your client can either stop this foolishness or I will look forward to thrashing them in court, and obtaining an unreasonable costs order under CPR 27.14(2)(g). Please stop wasting everybody’s time. COPIED TO MET Parking Services Ltd.

Sufficient? Or should I add all reasons why it's total farce, including photographic evidence of the location in question?

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Well it is roughly the same as the one in the thread below post number 33, just without the Annex 1 FI Exempt Circumstances & Letter to SRA since they don't say anything about solicitors' costs in the LBF i received.

Dear Will & John,

 

Re: PCN no.XXXXX

 

cheers for your Letter Before Claim.  I rolled around on the floor in mirth at the idea you actually thought I'd take such tripe seriously and cough up!

 

Now you know and I know and now you know that I know the million reasons why your client's invoice is total pants.

 

Annex 1.  FI.  Exempt Circumstances.  Get off your backsides and do some due diligence for once and look it up.

 

On top of that your greedy client has invented £70 Unicorn Food Tax and you've been telling porkies about solicitors' costs again.  Letter to the SRA in the post!

 

Your client can either stop this foolishness or I will look forward to thrashing them in court, obtaining an unreasonable costs order under CPR 27.14(2)(g) and spending it all on a nice foreign holiday while laughing at your client's expense. 

 

I look forward to your defeating silence.

 

COPIED TO PREMIER PARK LTD"

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  • 2 weeks later...

Thank you Dave! I shall amend accordingly. Yes, it's £70, on top of the original 100. Should I sign it or not?

 

Out of curiously, if, say, it went to court and amazingly I lost - would I be required to pay the £170 only, or other costs on top?

Edited by F18
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