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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
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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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PCM 2*ANPR PCN's - gym terminal faulty? - overstay - JD Gym -  Manningham Retail Park, Bradford


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So presumably for the first PCN you were using your car, and the second time a second car which is registered to your father.  Right?

We could do with some help from you.

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Can you please post up the two PCNs, redacted of your personal details.  Then we can have a look at the 14-day thing and if you should inform them your father wasn't driving.

We could do with some help from you.

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Sorry to keep firing questions, but there is a reason.  Were the envelopes postmarked?

 

Thanks.

 

On 30/03/2023 at 10:22, ElDiego10 said:

The other thing is I received the letter after the 14 day period, would you recommend writing an appeal letter to them to explain this and ask for it to be cancelled? Or is this a waste of time?

Yes, it would be a waste of time.  Their trade association's Code of Practice allows this sending out after 14 days.  That's apart from the fact they are charlatans and never accept appeals ever.

 

Presumably they have lied about the dates they sent their bilge, one of the PCN given dates is seven days after the event, one is eight days.

 

That will make it harder to use the "no keeper liability" defence if by some horror this did get to court.

 

There are come Caggers who are absolute experts on the Protection of Freedoms Act, so wait for them to come on, don't rush into telling the parasites you were driving your dad's car.

 

In any case how important would it be to remove your father from the loop?  Would he be up for fighting the fleecers?

 

Probably your best bet would be to push the gym to cooperate and call off their dogs.  If they're faffing around, put it in writing.  I've just tried to find the CEO address, but have drawn a blank.

We could do with some help from you.

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  • dx100uk changed the title to PCM 2*ANPR PCN's - gym terminal faulty? JD Gym - Manningham Lane Retail Park - BD1
19 minutes ago, ElDiego10 said:

Regarding my father, he won't be up to fighting the fleecers for this and/or, if it does go to court, he doesn't want to.

Well in that case he needs to either fill in the fleecers' form if there is one, or send a letter, quoting the PCN number, and informing them of your name & address as the driver.  Do that tomorrow, invest in a 2nd class stamp, and make damn sure you get a free Certificate of Posting from the post office.  That will remove him from the loop.

 

32 minutes ago, ElDiego10 said:

I have spoken to the gym about it, and they said they can't do anything as they don't manage it. A few people who have had tickets have had the same reply from them as well, so I don't have much confidence in them doing much about it.

They may well be telling the truth.  Do customers of other businesses use the car park?

 

36 minutes ago, ElDiego10 said:

Also - anyone else have any ideas regarding the letter coming after 14 day period? Even if it is fully ignored, maybe something I can rely on if it does go to court?

I'm confused here.  From your stickies one invoice arrived after nine days and the other after 14 days.  That is within the POFA timeframe.

We could do with some help from you.

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7 hours ago, ElDiego10 said:

Forgive my ignorance, but I've read that if it comes after 14 days, then it, in theory, should be invalid?

7 hours ago, FTMDave said:

From your stickies one invoice arrived after nine days and the other after 14 days.  That is within the POFA timeframe.

 

We could do with some help from you.

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  • dx100uk changed the title to PCM 2*ANPR PCN's - gym terminal faulty? - overstay - JD Gym -  Manningham Retail Park, Bradford

I've had a look at Google Maps, and it's likely the gym are telling the truth and it was not them but the retail park who called the fleecers in.

 

I've tried to find a contact for the retail park but got nowhere.

 

 

We could do with some help from you.

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Do you have proof of being a gym user?  Membership and/or payment receipts?

We could do with some help from you.

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OK, but, I hope what was sent was like this -

 

On 02/04/2023 at 14:05, FTMDave said:

Well in that case he needs to either fill in the fleecers' form if there is one, or send a letter, quoting the PCN number, and informing them of your name & address as the driver.  Do that tomorrow, invest in a 2nd class stamp, and make damn sure you get a free Certificate of Posting from the post office. 

 

We could do with some help from you.

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I think this is moot LFI with the father's ticket, as the OP wants to out himself as the driver to get his dad out of the loop.

 

Might be very useful for the other ticket though.

We could do with some help from you.

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To be able to make a decision it would be very useful if you would upload the photos you have taken of the signs.

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We could do with some help from you.

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There's not really a definitive answer to your question.

 

If the gym have got this deal - a big if - then they've essentially halved the PCN amount.  Pay £72 and the matter will go away.  If you don't it will increase to £200 and the fleecers will destroy half the Amazon sending you letters that are meant to be threatening.

 

We're pretty biased, as we deal with these vile companies every day.  We'd prefer you fought them!  It's likely the tablet malfunctions.  PCM have done their usual trick with the sign of putting a mountain of text, including the gym bit, hoping motorists won't notice it.

 

Your call.  If you want to pay, fair enough, if you want to fight we'll back you all the way.

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We could do with some help from you.

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  • 3 months later...

Upthread didn't you say you'd informed the parking company that your dad wasn't the driver?

Please confirm exactly what communications you've had with the fleecers please.

This is all getting confusing.

We could do with some help from you.

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OK, mystery solved. 

That's why the fleecers are still pursuing your father, they will do so until a driver is named, just saying he wasn't the driver is not enough.

So you have a choice to make.

1.  Your dad writes again, naming you as the driver.  He is then out of the loop.  However, everything that LFI and dx have mentioned will go in the bin and you will not be able to use the fleecers' non-compliance with POFA in any court hearing.

2.  You dad does nothing.  The PCN remains non-POFA compliant which is an excellent string to your bow if it gets as far as court.  However, your dad will receive the threats and he will be the one in court if it gets that far.

There is no half-way house here, you need to speak to your dad and decide which course of action to take, promptly.

 

We could do with some help from you.

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