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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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CEL ANPR PCN PAPLOC now claimform - Morrisons, Butterfly Walk Car Park Denmark Hill Camberwell, London SE5 8RW***Claim Dismissed***


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There must be a term in English that combines "doing superb detective work" with "lazing on the beach".

Anyway, Nick is right.  Para 28 - "... on 22 April 2019 and I can confirm that these were all in place on the date in question and remain in place to date".

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The claimants statement under clause 28 reads: 'The photographs provided were taken on 22 April 2019 and I can confirm that these were all in place on the date in question and remain in place to date

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So alongside the photos having the same dodgy timestamp it brings into question all the claims about his so called,  "photographic evidence".

He should really be made to attend the hearing, but we know it won't happen.

Barrister, schmarrister!

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15 hours ago, FTMDave said:

There must be a term in English that combines "doing superb detective work" with "lazing on the beach".

I think that the TV program 'Death in Paradise' sums it up! or on the Island of Saint Marie 'Mort au Paradis'

😀

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My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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  • AndyOrch changed the title to CEL ANPR PCN PAPLOC now claimform - Morrisons, Butterfly Walk Car Park Denmark Hill Camberwell, London SE5 8RW***Claim Dismissed***

Well done topic title amended.

 

Andy

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:cheer2:

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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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Ok, for you that want to know more detail.....

The judge kept things simple. And different to what I'd expected.

Claimant was represented by another company who have no affiliation to CEL (I introduced myself to them before the case and asked for their name). They indicated in Court that I had overstayed the time and were liable.

I then made comments on both my witness statement and the claimants, citing all the feedback from CAG.

The judge asked the Claimant representative about their witness statement. He asked if p35 was a list of registrations who had paid which was answered as yes. He referred to p31 where the Morrisons car park voucher was stated and crossed referenced p29 where it was written that I had paid for a ticket. He confirmed on a few occasions that the defendant had paid.

{The eyeopener}. The Judge then stated that there was nowhere in their WS where the amount paid was noted and referred to p35 where this could have possibly been shown. The WS report says the time is overstayed but without any supporting evidence of the actual payment.

He advised at this point to the Claimant that he had ruled on many car parking cases over his tenure.

The Claimants representative then advised that the Defendant should have produced a bank statement to show the actual payment charge. The Judge was quick to point out that the machine did not have a contactless pay facility and that payment was only by cash/coins. (he got there before me!)

They then said I should have paid for 2 hours at £4.50 not the £2 on the receipt, thereby identifying the cost being underpaid. When the judge asked for any comment from myself I referred to my photographs on p14 (actually theirs also condemns them) and stated that the wording shows that the Morrisons voucher was 'capped' at £2. I now believe he was looking at their old sign on p13 of their WS (which states exactly the same wording).

He noted that as the Claimant was not in the court (being represented only) they could not respond to any of his questions.

I have since realised that all the questions and clarification points the Judge had, were all raised through the Claimants WS. I do not believe that he referred to mine specifically. I assume this is more damning and he could make judgement on that alone.

After a short pause he dismissed the case. District Judge OmoRegie.

I left. Happy.

 

ps As the signs at Morrisons have now been fully changed (and appear better linked up - post #223) I don't think the same arguments can be used for others in a similar position going forward.

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did you get your £275 back for the application to reinstate your defence since you "won" your cases

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 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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Well done you That judge was bang on point with a surgical dissection of their WS he will have used your WS to ground his forensic examinationof their bull poop.

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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Thanks for your report back.

I didn't expect that either.  I expected that judgement would revolve around the fact that all the signs showed ABC instead of CEL.

Seems like you got an excellent judge who had read CEL's WS in detail and realised it was rubbish - and that was enough to chuck out the claim.

Well done the judge for making the Claimant suffer the consequences of not turning up in court as well.

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We could do with some help from you.

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I am really happy you got the result you wanted.

We never know what kind of Judge will look at your case so we have to cover all eventualities.

Your Judge concentrated on one aspect while another may have looked in a different direction.

Both ways should still have given you the same result.

 

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16 hours ago, jk2054 said:

did you get your £275 back for the application to reinstate your defence since you "won" your cases

I was so content when the Judge dismissed the claim I didn't think to enquire or ask. He didn't mention anything.

Reinstatement cost me about £108 but the countless hours and this claim hanging around for 3 years was far more concern.

Do you know if I officially get a written copy of the outcome from the Court? I'm looking to buy the picture frame as we speak!

Never been in a courtroom before so didn't know the drill.

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Yes you willl in around a weeks time I’d say

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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14 minutes ago, jk2054 said:

Yes you willl in around a weeks time I’d say

Really ?  When was that introduced ?

 

Andy

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You've always been sent a paper copy of the order of a small claims hearing what do you mean when was it introduced?

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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I've never seen or been aware of a Notice of Claim Dismissed or aware of a Defendant receiving one, the claimant possibly ......yes if the claim was struck out for none compliance by either party. 

Storyboard please upload and post here when in receipt then the forum will have its first since 2006.

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Yes they will be sent one by the court office.

The judges order will get typed up and sent to both parties. This normally takes 1-2 weeks

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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Every days a school day :-D we await Storyboards Notice of Claim Dismissed ...even though its not the defendants claim.

We could do with some help from you.

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