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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
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    • 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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Friend with council FPN for littering a cigarette butt


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A friend of mine has asked me how they could defend themselves from a fixed penalty notice as it going to court on Friday and they only got the summons on Monday.

 

they have been issued with a notice for littering by dropping a cigarette butt on the floor to put it out before putting it in the bin.

 

she has sent numerous emails to the company running the enforcement on behalf of the council

 

has been told the penalty has been issued correctly and will stand, and that there is no right of appeal and the only two options are to pay or go to court. 

 

there is a error in the notice in that the address of the offence is incorrect.

 

also they have claimed that there is video evidence and despite requests for the video it has not been forthcoming.

 

they say that the video will only be available once a summons has been issued.

 

she has tried the CAB and various solicitors the former saying that as it is a criminal matter the don't help and the latter saying insufficient time to prepare

.

any help would be appreciated 

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The evidence is witness statements and the email correspondence back and forth between her and the company working on behalf of the council.

 

She sent a summons through the post.

 

She has been told they have video evidence but no mention of this on the court documents as evidence 

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  • dx100uk changed the title to Friend with council FPN for littering a cigarette butt

Hi All 

 

Sorry it all went quite, thank you for al your help.

 

Turns out it was just to appear before the magistrates for Guilty/Not Guilty she plead not guilty so going to trial on June. i think she now has legal representation.

 

Again thanks for all the advice

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