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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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Backdoor PE/DCBL ANPR PCN CCJ - UPPER MILL, UPPER MILL CANAL SIDE, SLAITHWAITE, HD7 5HA


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I see there is no e-mail shown on their PCNs either.

 

I suppose you will have to send a letter by snail mail.

We could do with some help from you.

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  • 3 weeks later...

So have you written to Parking Eye to say you will pay if they consent to set aside?

We could do with some help from you.

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OK.  Well done.

Therefore you now have to decide between two unpalatable choices.

1.  Do nothing.  PE will not try to enforce judgement over a single ticket.  You get away with not paying.  However, your credit file is knackered for six years.

2.  Fork out £275 and apply to the court for set aside.  dx has explained what you would need to convince the court of:

On 07/07/2022 at 12:20, dx100uk said:

Just to clarify a set aside.

You need to meet 2 criteria.

1. A valid reason why you did not receive the original claimform, i'e the claimant failed to undertake due diligence in the letter of claim stage to ascertain your correct address. Etc etc.. Typically this is always given.

2. A valid defence upon why you do not owe the sum claimed..this is the part that is at present a doubt.

If either are not met your £275 set aside fee is wasted and you'll still have a ccj for 6yrs.

So when deciding ask yourself if realistically you can satisfy the court on both points.

You could start by telling us the circumstances you got the ticket in.

We could do with some help from you.

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  • 3 weeks later...

So what happened on 30 June last year?

 

The fleecers say you parked without a ticket in a car park at HD7 5HA.

We could do with some help from you.

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  • 2 weeks later...

Just ignore them.  It's a scare tactic.

 

"This case is not subject to high court or bailiff action, however should you fail to contact us our client may instruct enforcement action against you".

 

 

 

 

We could do with some help from you.

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On what basis shouldn't they write to you?  You broke the T&Cs in the car park (presumably, you won't actually tell us what happened that day).  You didn't defend their claim when you had the chance to do so due to not updating your logbook with the DVLA which is a legal requirement.  They have a CCJ issued by a court.  You have defied the court and won't pay when ordered to do so.

 

Despite all that fortunately there is little they can really do so ignore them.  .

We could do with some help from you.

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  • dx100uk changed the title to Backdoor PE/DCBL ANPR PCN CCJ - UPPER MILL, UPPER MILL CANAL SIDE, SLAITHWAITE, HD7 5HA
  • 4 months later...
1 hour ago, dx100uk said:

you ALSO need a valid reason (defence) why you do not owe the claimant what they claimed

dx is spot on.

 

This has been gone over repeatedly on your other thread.  We've asked you about the circumstances of the ticket and how you could defend it, and you never answer.

 

Also a set aside has to be applied for "promptly", between the start of your other thread and now six months has been wasted.  A judge would not be impressed.

We could do with some help from you.

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  • 3 weeks later...

Is this the same backdoor CCJ you already have a thread on, or yet another one?

 

 

We could do with some help from you.

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Threads merged. 

 

We've already told you what is needed a thousand times.

 

On 30/12/2022 at 23:21, dx100uk said:

you ALSO need a valid reason (defence) why you do not owe the claimant what they claimed

 

On 31/12/2022 at 00:39, FTMDave said:

This has been gone over repeatedly on your other thread.  We've asked you about the circumstances of the ticket and how you could defend it, and you never answer.

 

Also a set aside has to be applied for "promptly", between the start of your other thread and now six months has been wasted.  A judge would not be impressed.

 

We could do with some help from you.

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  • dx100uk locked and unlocked this topic
  • 10 months later...

The letter from the solicitors says that Parking Eye are their client.  Ir seems to have nothing to do with this - UKPC - invoice.  The claim number is written.  It's easy to see which case they are referring to. 

We could do with some help from you.

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You have a massive number of threads on this forum, for a huge number of parking invoices.  Is one of them a run-in with Parking Eye?

We could do with some help from you.

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Posts moved to correct thread.

At least I think it is the right thread, you left the claim form number showing on DCBL's letter, and you wrote the first three letters of the claim form here when you copied the PoCs, they match, and the parking company matches.  If I'm wrong I will of course reverse what I've done.

Of course you could simply have looked yourself at the claim form number.

There's nothing to be done with this case, you're stuck with a CCJ until November 2027.

We have never seen a PPC enforce judgement for a single invoice, so simply ignore the letter.

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We could do with some help from you.

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  • 1 month later...

So which case does the name of the parking company and the number of the claim refer to?

We could do with some help from you.

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