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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
        • Like

TPS ANPR PCN PAPLOC Now Claimform - Wrong Reg - boddingtons Gt Ducie Street, Francis Street, Manchester, M3 1PQ


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Been away a few days myself, so just catching up with the thread.

 

I'm a little concerned that the OP seems to be using email to communicate with the fleecers?

 

The pdf in post 32 is clearly a reply to an email...

We could do with some help from you.

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  • 2 weeks later...

Now it's got to this point, you should write to them telling them that email is not to be used for any further communication in our legal dispute.

2nd Class and get / save free proof of postage.

Confirm by email.

We could do with some help from you.

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  • dx100uk changed the title to Total Car parks ANPR PCN PAPLOC Now Claimform - Wrong Reg - boddingtons Gt Ducie Street, Francis Street, Manchester, M3 1PQ
  • dx100uk changed the title to TPS ANPR PCN PAPLOC Now Claimform - Wrong Reg - boddingtons Gt Ducie Street, Francis Street, Manchester, M3 1PQ
  • 2 weeks later...

There's a standard defence further down the sticky you filled out.

Q2) how do I defend?

Basic, and doesn't give away what you might use later in your witness statement.

We could do with some help from you.

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No, use the one from the sticky. It's stood the test of time and gives nothing away...

If you make any tweaks to it, post it up for the guys to look over.

We could do with some help from you.

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  • 1 month later...

Usual guff, intended to "frighten" you.

"Whoo hoo!  Your court appearance is looming!"

 

Just have a quick check on MCOL though...

We could do with some help from you.

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  • 5 months later...

Having read the POC again, this could possibly be a case to try the new addition I've dreamt up?

 

Not sure what section or heading to give it...

The claimant apparently claims breach of contract for the use/enjoyment of land.
In their particulars of claim, the claimant has failed to comply with CPR16 (7.1), (7.3) and (7.5).

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16/pd_part16#7

The defendant therefore, invites the court to dismiss the claim.
In the alternative, the defendant requests that any part of the claimant's statement referring to alleged breach of contract be disregarded.

 

Not sure whether we'd need to expand on (7.1), (7.3) and (7.5)

Any thoughts guys?

  • I agree 1

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How does a driver agree to the terms and conditions of a contract on signage? Certainly not in writing or verbally.

We could do with some help from you.

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From CEL's claim against Kplanet...

https://www.consumeractiongroup.co.uk/topic/447360-cel-pcn-anpr-claimform-nhs-lease-car-tenerife-buildings-station-road-south-gosforth-newcastle-ne3-1qd/#comment-5213174

Their POC: Section 1

1. Claim for money relating to the parking charge for breach of contract terms/conditions for parking in private car park managed by client. Drivers may only Park pursuant to TCs of use displayed in CP and agreed upon entry/parking.

They seem to have (almost) covered (7.5) above

We could do with some help from you.

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  • 2 months later...

Might be worth trying to use this somewhere in the WS?

I know that they say it should be dealt with at the appeal stage, but given that the OP told them this at PAPLOC stage...

 

FRom BPA Code of Practice

Section 17:  Keying Errors

B) Major Keying Errors
Examples of a major keying error could include:
• Motorist entered their spouse’s car registration
• Motorist entered something completely unrelated to their registration
• Motorist made multiple keying errors (beyond one character being entered incorrectly)
• Motorist has only entered a small part of their VRM, for example the first three digits
In these instances we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event or that the motorist attempted to enter their VRM or were a legitimate user of the car park (eg a hospital patient or a patron of a restaurant).
It is appreciated that in issuing a PCN in these instances, the operator will have incurred charges including but not limited to the DVLA fee and other processing costs therefore we believe that it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified before reverting to the charge amount at the point of appeal.

We could do with some help from you.

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Section 1.1 of the "lease" is an ace, because they will not have "obtained all necessary planning approvals and permissions,etc"

You should put the claimant to strict proof that plannig consent was obtained to use the area as a car park and planning consent was obtained to erect signage.

If they won't / can't, the terms of the lease have not been satisfied.

We could do with some help from you.

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Ignore.

It's effectively a receipt for your WS, which is good!

Also, you don't want to give them the opportunity to send more rubbish just before any deadlines, by confirming anything and allowing them to "correspond with you by email", which is bad!

  • Like 1

We could do with some help from you.

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  • 2 weeks later...

Their COP also says further on... "we believe that it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20"

PAH!

"What they believe" carries no weight in law... It's just their own idiotic, self serving, made up rules!

 

We could do with some help from you.

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