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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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VCS SpyCar PCN Claimform - Bristol Airport PCN No. 1


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What was the last paperwork you got for PCN 2?

 

Did you ever get a Directions Questionnaire from the court?

We could do with some help from you.

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Simple Simon will not like the reference to videos available on-line to the general public 😀

We could do with some help from you.

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Because they are arrogant and stupid, and presumably and sadly enough motorists give in at the various stages of their horrible "procedure" that they think it's worth their while.  It's just a numbers game to these vile companies.

 

 

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We could do with some help from you.

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  • 2 weeks later...

Don't worry about MCOL.  Once the case gets transferred to your local court its work is done.

 

Bristol Airport bye-laws are another matter.  Let's all do some homework over the weekend.

 

 

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We could do with some help from you.

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The way I understand it is this.

 

POFA refers to private land - essentially car parks.  So a Sainsbury's car park owned by whoever rents the place to Sainsbury's.  Or a car park in a residents' complex run by whoever had the building done.  This is called "relevant land" in the Act.

 

But you were on an open road!

 

Say you saw someone you recognised smashing up lamp posts in your street.  You sent this person a demand for £100.  They would laugh at you.  You're not the police or the courts.  The correct procedure would be to call the Old Bill, for the person to be prosecuted in a Magistrates' Court and for a fine to be paid to the state.

 

The same goes for where you were photographed.  The area is covered by the Road Traffic Acts and also by Bristol Airport Bye-Laws.  

 

I think that's enough.  You don't have to specify a particular bye-law.  It's sufficient that you show that the area is not "relevant land" under POFA.

 

No POFA = no keeper liability.

We could do with some help from you.

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