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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
      • 162 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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Bank Parking ANPR PCN PAPLOC Now Claimform - wrong reg - Appeal failed - Belvedere Street Car Park, Mansfield, Nottinghamshire, NG18 1JJ *** Judge orders claimant to withdraw claim***


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Yes it would seem they make it up has they go along the IAS had the wrong vehicle and number plate it would have been the elderly lady's vehicle whom my grandson helped pay her fee has she didn't know how to do it so it would seem he paid again with her details by mistake

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Laura, it's fine, all is in hand.

New version of the WS, after taking into account LFI's comments and Ashley's bilge.

For ease the new bits are in red.

Defendant's WS - version 2.pdf

We could do with some help from you.

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Better version with typos sorted.

Laura - for exhibits we need (a) a decent copy of the IAS decision about the right payment being made but the wrong registration being inputted (IIRC the version upthread is very blurry) and (b) a copy of your CPR request, even better with proof of posting.

Apologies if these are upthread but it's late, there are 11 pages to trawl through and we have lots of other cases ongoing too.

Defendant's WS - version 3.pdf

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We could do with some help from you.

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When court papers turned up, you sent a standard letter to DCBL requesting to see various documents.  That's the CPR.  We need to see this plus its proof of posting.

We especially need to see the part of the IAS adjudicator's decision where they mention the two consecutive payments to the same registration number.

We could do with some help from you.

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I cannot locate anything in my paper work that states 2 payments were made? Perhaps you could point this out?

In reply from IAS it states

"The ticketing data has been attached" nothing was sent to me.

I made a response to the IAS all this was done online

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We need to see the actual document from the IAS where it is written -

"The Operator's evidence shows no payment for the Appellant's vehicle, or anything similar. It does show two payments for the same registration in quick succession. I would take a reasonable guess, based on the circumstances described, that the person paying has paid for the registration of the person they assisted again."

You can't just type it up yourself.

At the hearing in July or August or whenever the judge will have two Witness Statements.

One from Bank's director says you never made a second appeal.

You say you did make a second appeal and the IAS concluded that payment was made.

The judge will immediately twig that either you or the director is lying.  But who?

Fail to show the documentation form the IAS and instead just produce something you've typed yourself will make it look like you just made up the appeal and you are lying and you will lose the case.

Please let us see what the IAS adjudicator sent.

We could do with some help from you.

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The only thing I have got from the IAS is standard appeal it was sent to me by email in response to me appealing to the operator. 

I cannot see why I would have anything else off the IAS?

 

 

 

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Laura - thank you for sending the CPR and the adjudicator's report.

The former is redacted and here.

The latter will follow in an hour as the free site has told me I've done two much redacting in the last hour so I have to wait 60 minutes!

CPR.pdf

We could do with some help from you.

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Thanks very much Dave

I wish I could clear the confusion of me supposedly having received something that states 2 tickets were paid for,

I have always supplied copies of anything I have received

 unless CAG have something

I cannot find anything

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It's solved Laura.  It's in the paragraph I've highlighted here in the attachment from the IAS.

Plus look at page 28 of the PDF of Bank's WS.  There is written -

157 IPS 29/04/2022 12:52 29/04/2022 14:52 Y....
158 IPS 29/04/2022 12:51 29/04/2022 14:51 Y.....

- there are the two payments.

One is for the elderly woman's car.

One is for your son's, but with the wrong registration.

When I get a second this evening I'll add the exhibits to the WS and it will be finished.

IAS adjudicator's report.pdf

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We could do with some help from you.

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Laura between you and Dave you have produced an excellent WS .

You have had this idiocy hanging over you for two years and at long last it is coming to a conclusion -in your family's favour.

I am sure you will be nervous on the day but all you have to do is stick to your guns, relax and be confident that you will win.

 

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I think final version of WS now prepared with exhibits added.  All numbered properly.

Of course it can still be tweaked if necessary.

Laura will not need it on 25 June as that is just a Preliminary Hearing for her to represent her son.

But as DCBL messed up and thought it was WS time why not prepare things calmly in advance.

Defendant's WS - versione 3 + attachments.pdf

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We could do with some help from you.

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First the judge will rule on you representing your son, which will be a doddle.

After that the full hearing date will be fixed, with WSs exchanged 14 days before.

So for the moment just concentrate on getting the right to represent your son.

 

We could do with some help from you.

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Posted (edited)

Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend

Edited by Laura Cooke
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Given the evidence you have provided it should hopefully be a formality, the WS is ready to go and their case is torpedoed below the waterline.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • 3 weeks later...

Update the Preliminary Hearing went better than expected this afternoon. Bank had someone at the online hearing despite stating they would not have anyone there and sent their evidence to the Court assuming wrongly that this was the Court case.

The Judge asked him if he had read what this hearing was about and asked what he was on about when the Solicitor said his client wanted to have this case dealt with today. 

Sadly the Judges camera wasn`t working I would have liked to have seen his face, has he seemed miffed with the Solicitor and he went on to say " Realistically are you seriously telling me that your client still wants to pursue this case"

The Judge went on to say "Have you read the medical evidence about the defendant? he is Severely Mentally Impaired and has many health issues" 

The Judge then said I expect you to agree for me to make an order that this claim be withdrawn today with no costs"

The Solicitor agreed the Judge then asked if I wished to address the Solicitor I said I did and that I was disgusted that for 2 years Bank had pursued this case relentlessly, causing great stress not only to my Son but also to myself in a bid to try and help with this.

So to Dave especially for having the patience to bare with me and who has gone to great lengths to help me even when away on holiday.

I think it was quite obvious to CAG admin and it`s members that I was way out of my comfort zone and could not have managed to get this far without CAG so from the bottom of my heart thankyou to you all.

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:cheer2: you won!

:yo: from day one it's been and remains a pleasure to help you.

dx

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Bank Parking ANPR PCN PAPLOC Now Claimform - wrong reg - Appeal failed - Belvedere Street Car Park, Mansfield, Nottinghamshire, NG18 1JJ **WON - ORDERED BY JUDGE TO WITHDRAW CLAIM**

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