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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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Spring Parking ltd/DCB(Legal) 6 2019 ANPR PCNs claimform - 1-3 Upper Green East, Mitcham, Surrey, Cr4 2pe ***Claim Discontinued***


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Think they will have difficulty grounding five separate PCN's on same day for sure  the SAR should throw some light on it. The timings they trawl up might well be interesting as FTMDave says suing five times for same invoice won't go well for them.

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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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In which case @hitman126 FTMDave's suggestion for the Defence looks good.

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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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Yes they must be called to account as if they won on the dodgy POC, likely they would be knocking in their HCEO incarnation as the Channel 5 Can't Pay Guy's and add eye watering fees to the judgment if it wasn't paid.

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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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True DX, but with such an amount they would likely do just that if the judgment was for the fleecers for full amount.  Its unlikely that they will get such a judgment in this case though.

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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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The times on those PCN's might be very interesting, if you can prove or show reasonable cause that you were elsewhere, that might give them a problem

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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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  • dx100uk changed the title to Spring Parking ltd/DCB(Legal) 6 2019 ANPR PCNs claimform - 1-3 Upper Green East, Mitcham, Surrey, Cr4 2pe.

DCBL will have to be creative to challenge this hopefully they might squirm and pull the claim, except its for so large an amount as to allow a High Court application for Enforcement if they won.  Their greed and incompetence should be their undoing in this case.

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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...

And for completeness send it to DCBL by Snail mail as well,  a letter with the date in your letter heading with a free proof of posting, then they cannot try to claim they never had or the email was accidentally deleted before they read it, the Letter could be be an exhibit in your WS if needed.  Or produced in court if they did try to send email last minute.

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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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Looks that way DX but no doubt Hitman126 will clarify soon

 

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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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They might not have submitted it yet sent as a frightener?

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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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  • 2 weeks later...

There is nothing to mediate on with a parking Charge Notice, you either owe it or don't mediation will just give them hope of getting what they claimed for minis a tenner and they will be happy their dodgy POC didn't get challenged in front of a judge.

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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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  • 4 weeks later...

Would look bad for them if the amended claim form was a scare tactic and not submitted.

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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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  • 2 weeks later...

You never know, they bite bite your hand off as you are too much trouble now.

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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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Yes the original POC is fatal to them anyway, so any way to get it disallowed will be good. They are well on track to lose it for themselves.

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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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If they don't bother or try email again then they are sunk.

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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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If the don't manage to get it changed, one might add rather than double recovery, of the Unicorn Feed tax, they are going straight for Quintuple Recovery with five claims on same invoice.

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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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  • 4 weeks later...

Looks a decent option FTMDave If they carry on as they are the value of the claims for non compliance will exceed what they think they can squeeze out of Hitman126

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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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  • 2 weeks later...

They are trying to get you to set aside their adverse judgment, not until they kill their claim first imho

 

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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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Which means they are worried

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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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Looks like a plan the ICO has been helpful, and are watching the fleecers, nothing ventured nothing gained, and if no SAR forthcoming you still have options.  No they must kill off all the tickets.

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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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There may well be something fatal to their case they are hiding otherwise the data would have been forthcoming.

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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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Bear in mind if they have 6 years to bring a claim, so they should keep that data like PCN etc for 6 years, if they delete or otherwise lose that data due to inadequate data backup protocols and cannot prove they have evidence, then they should cease and desist.  They might be advised to drop all claims against Hitman. they are just digging a deeper hole if they persist.

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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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  • 1 month later...

A  brilliant tolchoking for the Can't pay eejits and a useless parking Fleecer. 

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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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  • FTMDave changed the title to Spring Parking ltd/DCB(Legal) 6 2019 ANPR PCNs claimform - 1-3 Upper Green East, Mitcham, Surrey, Cr4 2pe ***Claim Discontinued***
1 hour ago, FTMDave said:

The only bad side is that you've seen off two of their invoices, there are six left, but as you say that will be another battle for another day.  Now it's time to savour the moment!  Well done!  👏

 The fact they lost by having to withdraw, and given the other invoices are faulty in all probability, they would be best advised to not try again against hitman126.

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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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