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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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UKPC/DCB(Legal) 11+PCNs for privately owned van used for my Ltd Co. - PAPLOC for 5, gained Default Judgement!! - Parkhorse Shopping Centre, Church St, Hudds, HD1 2RT **SET ASIDE+CLAIM DISMISSED**


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Right, UKPC have been banned from accessing the DVLA database so cant do anything about contacting the keeper as from last week.

 

Tell us when you got the tickets slapped on your vehicle and what other correspondence you have and particularly have you made any contact with them?

 

As they will have had to wait 28 days before being able to ask the DVLA for keeper details most of these will be impossible to find out who you are anyway and if they were in time to ask about one or two they arent allowed to assume that you hadnt sold the van the day afterwards so cant just guess that you might still be the keeper.

 

They are such a shower they wont have got the paperwork right to claim keeper liability anyway so that gives you at least 2 reasons to complain to the DVLA and ICO if they do write to you.

 

So, will they take you to court?

I see their business folding before they get that far, the nlt director has taken half a million out of the business in loans that arent going to be repaid so I guess he is going to do a runner and start again and hope that no-one notices that.

 

keep any paperwork you get and start learning about how these things work rather than getting the hump about it, knowing what the signage says and actually means as far as an offer of a contract goes will help you make decisions on whether to park or not in the future.

 

If you can show us the pictures of the signage there that would help us help you.

Edited by dx100uk
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well, no unauthorised parking isnt an offer of a contract to park. No contract means you cant break it and therefore dont owe any money

Also UKPC are banned from obtaining your keepr detaisl so if you get a letter through the post tell us when it arrives and we will advise of what to say to the DVLA as a complaint.

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No landowner is going to go to the expense of hiring a QC to fight a county court small claim, they cant recover the costs and a QC will be a thousand an hour minimum.

 

However, finding somewhere lese to park is good advice, the landlord could go after you in different ways that pass on the cost of his lawyers

 

but there is one thing for certain, this has nothing to do with UKPC and anything they say or do is totally separate, they cant claim agency or they wouldnt be able to send out demands in their own name either.

 

Understanding a little about how all of this works makes it easier to see that the parking co's normally dont have a leg to stand on but rely on lies, ignorance, bullying and bluff to get money when none is due.

 

There are places where they have a proper contract with the landowner, have proper signage and planning permission for their equipment but these are few and far between.

 

They are mostly done on the fly because the people who run the parking co's are ex-clampers and used to make money by threats and intimidation ( see how many got done for carrying an offensive weapon before the POFA and you will see the sort of person you are dealing with).

 

even Parking Eye, the biggest co by far, doesnt bother with planning permission unless they are brought to task by a council and would rather lie to a court than actually go down the proper route.

Edited by honeybee13
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  • 1 month later...

The law in NI is different to England and Wales and also so Scotland. Clamping is still allowed in NI for starters, no POFA and no keeper liability.

 

However the reference you make is a bit of a non-story so if you have a problem with a parking issues the first thing to consider is the offer of a contract by way of signage at the place where you park and whether it means anything.

 

In your case the lease may also trump their signage. UKPC cant access the DVLA database because they have been banned from doing so and that means if you get a demand through the post you need to ask the DVLA who has accessed your keeper details and to complain as they will have broken the law by doing so.

Edited by Andyorch
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superiority of contract.

If you have an agreement with landowner that trumps their offer of a contract to the public.

 

analogy would be i employ and estate agent to sell my house and tell them that I dont want prospective buyers parking on my land whilst they view.

the estate agent then send out demands for payment to my friends for parking on my drive.

 

Well, I have agreed to let them so even if I somehow gave the estate agnet permission to beg money from house viewers that wouldnt apply to me, my family or anyone else I invite on to my land.

The EA would have no say in this.

 

Same applies in your case, they will have permission that is limited by th landlords rights and by any other agreement he has with others, either as part of the lease or by way of an easement ( if you have parked there for 8 years you can create a right to do so) or by other agreement.

 

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  • 3 weeks later...

DATES are critical so what is the date on their NTK and when did you receive it?

 

as for 15 yellow NTK's do you mean notice to driver? IE ticket stuck on screen? again tell us the DATES of the events and what you have received since for each of them. As they were barred from using KADOE then you will be asking the DVLA who accessed your details and when to see if they are lying to the DVLA again.

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we know that, what we dont know because you havent told us is the DATES of both the screen tickets and the corresponding NTK's through the post.

 

Half of the information is not helpful so what is the date on the letter sent and does it correspond with the screen ticket?

 

What was the date you received it, I have a newspaper to tell me todays date but I cant guess as to when you received your letter with any accuracy.

 

Please read things carefully and answer fully

Edited by honeybee13
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  • 3 months later...

right thats it, expect a lba any day now. My clients have a washing powder monopoly and even to suggest that you can use other ones is a breach of the clearly indicated contract written on the back of the box or available on their web site so you cant say you didnt see it. My friends Will and John will support me on this and will add their £60 unicorn food tax to the bill for doing their usual nothing.

 

 

And other Washing Powders which are available :-)
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  • dx100uk changed the title to Ukcps - +15 tickets - business parking. now DR+ DCA
  • 2 weeks later...

sorry but repeating the same mantra wont actually solve your problems and will undoubtedly create some more.

 

YOou CAN beat these bandits but you have to go about it in a logical and orderly manner and it isnt quick. They have a lot to gain from this and little to lose so you need to be able to reverse that risk/reward equation.

 

Do not bin any more of their letters you have so far destroyed all of the evidence you can gather to show they havent got things right when applying the law that does apply. The reason they succeed is because most peopel are ignorant fo teh rules and processes and dont start off on the right foot because of this.

 

Look at thread where peopel get clobbered in supermarket car parks. they are the easiest to overturn because usually planning law is against the parking co and the supermarket doesnt want the whole world to knwo they have got into bed with some crooks so will tell the parking cowboys to back off when they are put in the spotlight.

 

Informtion is key and knowledge is king. If you thnk that screwing your financial life up for the next 6 years plus is the way forward then  you shuold look at the debt pages instead of parking

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