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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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Parallel Parking Ltd ANPR PCN PAPLOC- Rear of property High Street


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Thanks.  But the reminder letter is not really that important.

 

We need to see the original PCN.

We could do with some help from you.

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As you say yourself, bad advice.

 

You weren't the driver.  So far so good.  Under Schedule 4 of the Protection of Freedoms Act 2012 they can transfer liability to the keeper but they have to respect certain provisions like getting their bilge to you within 14 days.  And a hell of a lot of the time they trip up here.  That is why we need to see the original PCN.

 

Get a SAR off to the fleecers today.  Stick in some I.D. otherwise they will use lack of I.D. as an excuse not to comply.  Get a free Certificate of Posting from the post office.

We could do with some help from you.

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Two things.  What date was their reminder letter sent?

 

Also can you please upload the Letter Before Claim.

We could do with some help from you.

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  • 2 weeks later...

Honeybee is spot on.

 

You still haven't uploaded the Letter Before Claim.

 

What date did you send the SAR off?

We could do with some help from you.

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Things to do now.

 

1.  For your stepson, as dx says, get him to get on to Wetherspoon's.  If that fails, start a new thread here.

 

2.  You need to send a snotty letter to Gladstone's ridiculing their claim, but that's difficult without having the PCN.  The fleecers have another 12 days to reply to the SAR.  What do the charlatans reckon you did wrong?  Of course they haven't bothered to say in their reminder letter.   

We could do with some help from you.

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The deadline for them to reply to the SAR is 13 November.  The deadline to reply to the Letter Before Claim is ... 13 November.

 

They won't take you to court the very first day after the deadline.  You might as well hold on and see if there is a reply to the SAR.

 

Come back here when they reply to the SAR, or if they don't on 10 November, and we can draw up an appropriate snotty letter.

We could do with some help from you.

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Parallel Parking seem to be a small company.  Yours is the only thread we have on them.

 

Good news!  This wasn't an ANPR capture.  Some  creep has spied on your car.  So they haven't respected the POFA timescales with their PCN.

 

Also, what the heil does "unauthorised parking" mean?  It could be anything.

 

Did you find a ticket affixed to the windscreen?

We could do with some help from you.

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OK, how about this -

 

 

Dear Will & John,

 

cheers for your Letter Before Claim.  I rolled around on the floor in mirth at the idea you actually thought I'd take such tripe seriously and cough up!

 

Now you know and I know and now you know that I know the million reasons why your country bumpkin client's invoice is total pants.  It's no surprise that following simple legal instructions is a tad too difficult in the hamlets of Shropshire .

 

On top of that the greedy retards have invented £70 Unicorn Food Tax and you've been telling porkies about solicitors' fees again.  Letter to the SAR in the post!

 

Your client can either see sense or I will look forward to thrashing them in court, obtaining an unreasonable costs order under CPR 27.14(2)(g) and spending it on a nice foreign holiday while laughing at your client's expense. 

 

I look forward to your defeating silence.

 

COPIED TO PARALLEL PARKING LTD

 

 

If none of the other regulars have comments, invest in two 2nd class stamps tomorrow and get two free Certificates of posting from the post office.

 

EDIT: our letters "crossed in the post"!!!

Edited by FTMDave
Typo

We could do with some help from you.

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@GickGick is spot on!  Sorry about the typo.  SRA is right.

 

@TheCat08I was going to post to compliment you on the level of your snottiness!  However, send either your letter or mine or a mixture.  The important thing is that the fleecers know you would be big trouble for them in court, and are therefore more likely to leave you in peace and instead go after some mug who will be scared and who will just cough up.  No need to write two versions for Gladdys and PP, just address it to Gladdys (which is why I wrote "Dear Will and John", these being the two spivs who run the company) and send a copy to PP.  

 

The bit about the SRA is because Gladstones regularly lie about solicitors' costs.  For a £170 claim they are allowed to include £50, but have put £80 to try to scare you.  If you have time on your hands then really do complain to the SRA.  They're an old boys' network and will do nothing, but it will annoy Will & John and will reinforce their picture of you as a complete pain in the backside who is best left alone. 

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We could do with some help from you.

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That is superb - well done.

 

Just one change.  Add a bit to the sentence

 

The invention of this Unicorn Food Tax just shows you’re not adverse to telling real porkies in attempts to scaremonger. 

 

instead

 

The invention of this Unicorn Food Tax plus inflating solicitors' costs just shows you’re not adverse to telling real porkies in attempts to scaremonger

 

That's because Parallel Parking added the £70 Unicorn Food Tax and then it is Gladdys lying about solicitors' costs.

 

Also at the end it should be "deafening silence" - my typo above.

We could do with some help from you.

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I don't think there is one.  You just have to state that, although fixed legal costs at the small claims track for a £170 claim are £50, Gladdys have lied and pretended they are £80 to try to put the wind up you (in more formal language of course).  Attach their LoC as proof.

We could do with some help from you.

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  • 3 months later...

Yours is not the next move.

 

They said they were going to take you to court.  Instead they have forced you to, er, open an envelope.

 

 

We could do with some help from you.

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