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    • Calm Down please.... there is only one way to deal with this and that is - PROPERLY. Being surrounded by 'lawyers' who deal with 'disputes', just like going to the likes of CAB, in this instance has, most probably, to date,  sadly not helping you here. Such people always project an Aura of confidence, when the truth is they don't actually have the vast successful experience of the members here in dealing with the likes BMW. there are over 350 threads here . as far i gather this is the situation, In April, a car was purchased by your son from BMW. Finance taken out to purchase it has since been paid in full, as well as full payment for an annual Insurance policy. within 6 weeks, it was discovered and confirmed in writing, via a report from a local garage, that the car indeed had numerous performance modifications undertaken. Namely being remapped and with modifications to the exhaust system. having contacted his ins co, they require a further £5k to uprate his policy, without it renders the existing insurance policy invalid, thus the car is not being driven.  again within this 6 weeks, you wrote to BMW rejecting the car (we need to see this letter please. scan it up to PDF, please read our UPLOAD guide). at first BMW were onboard, even sending their own inspector, confirming the mods etc. but in the last 9 days since said inspection, comms have now gone dead. .................. you have 2 options - 1 - allow BMW to sort the car FOC and without hassle to him, but probably within their own snails pace timeframe. 2- EVENTUALLY bring legal action - this would most probably be under contract law, not a claim under the consumer rights act . (as financially you would lose out big time) to do 2. which is not easy and rather complex to calculate the financial sum involved...... we need all the info @BankFodder has requested. of many, but one good reason for this is say for this new mot, show the old one was suspect, good bargaining chip against 2500mls usage deductions... your call but you need to do this properly or not at all...............    
    • Hi, I've been reading through many of the stories in the sub-forum and I understand the process to be to send a Letter of Claim to the EVRi - in the post and to their customer support email and to sign up for MCOL.  I have looked at the various Letters of Claim and the MCOL claim forms - particulars of claim and I have gone through all of the screens on MCOL website to put in the final details so it is ready to go after the 14 days from when I send the Letter of Claim (of course assuming that EVRi dismisses my Letter of Claim to pay me in full!).  I also see the advise is to decline any mediation particularly because I have specified the parcel contents and value to EVRi when shipping it. I have put both the Letter of Claim and the forms from the MCOL particulars of claim into a single PDF for review.  The stories in the sub-forum often indicate people shipping with EVRi but some purchase through or have involved such companies as Parcel2Go and so I wasn't sure about the statement I made in the Letter of Claim if it was totally accurate to say "I am applying my third party rights under the Contracts (Rights of Third Parties) Act 1999"? I just wanted to confirm the correct wording.  In my case the parcel shipment was paid for on the EVRi website and sent at the Tesco EVRi Parcelshop.  On the MCOL claim form I have referenced Section 57 of the Consumer Rights Act 2015 in response to EVRi customer service hiding behind their lack of ability to insure delivery of laptops and their bogus non-compensated and prohibited items as a means to avoid any responsibility for them losing such items. Thank you for taking a look to see if there are any inaccuracies or amendments to the Letter of Claim - when it is looking good I will send via email and post it to EVRi.  Having drafted the particulars of the claim on MCOL, I shall be ready to submit the claim on the MCOL site when the 14 day period has elapsed and proceed from there.   Thanks for everyone's help! Letter of claim and MCOL Particulars of Claim.pdf
    • Wow quite surprised by your response in all honesty as I can’t see where you have requested details of the car. The car is insured and that was budgeted for and paid in full, the increase of £5k is because of the modifications, which no we didn’t budget for as we didn’t plan to buy a modified car, so no that doesn’t form any part of wanting to return the car, perhaps you don’t understand the impact modifications have on insurance premiums? Thanks for your help so far but feel going the legal route probably suits us better.
    • new thread created for the court claims. please complete this twice and i'll make another thread from the 2nd PDL Claimform we need to keep them sep.  
    • Most banks do not have any customer service staff available to support those opening a new current or savings account, according to research for Investec Bank.View the full article
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      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.

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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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Northern Ireland Council PCN given to blue badge permit holder, registered keeper not the driver at the time


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Council issued a PCN to blue badge permit holder for alleged contravention whilst parked in the street permit area,

 

disabled user had an appointment in the vicinity and the blue badge permit was displayed,

carer assisted a family member to the appointment with the loan of keepers car as carers broke down.

 

Carer was a family "friend" and she did not inform the Registered keeper that she received a PCN.

Registered keeper was unable to challenge alleged contravention, and was unaware until a letter arrived at the registered keepers home months later! 

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Owner responded to parking enforcement processing unit (NI) stating that a carer was driving and received this pcn.

 

Threat of enforcement - clamping of car, or court proceedings! Still from parking enforcement processing unit.

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is this northern Ireland?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Northern Ireland Council PCN given to blue badge permit holder, registered keeper not the driver at the time

Is the letter of threat of enforcement! headed Notice of Enforcement of Charge Certificate?

 

If so it will explain how to make a Statutory Declaration on the grounds that the person appealing sent a representation to DfI but did not receive a Notice of Rejection

 

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17 hours ago, Michael Browne said:

Is the letter of threat of enforcement! headed Notice of Enforcement of Charge Certificate?

If so it will explain how to make a Statutory Declaration on the grounds that the person appealing sent a representation to DfI but did not receive a Notice of Rejection

 

I may be mistaken but is it clear that @éire actually made representations at the appropriate time?

 

I read it that the first they knew about this was the arrival of the Notice of Enforcement.

 

I know that you asked them if they'd made representations, but I'm not certain that they answered "Yes" to that question.  (I took their answer that "Owner responded to parking enforcement processing unit (NI) stating that a carer was driving and received this pcn..." to mean that they'd queried the Notice, not that they'd made any representations earlier in the process.  I don't think they ever knew about the PCN the carer got.).

 

But I may have misunderstood...

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Yes the owner was only aware on the arrival of a notice of enforcement.

Owner tried to speak with a manager at parking enforcement processing unit but to no avail.

 

Owner rejected their claim for monies allegedly owed by the registered keeper, as a family member was able show the online images that the blue badge permit was on clearly display in the photos.

 

As the disabled user needed to attend an appointment in the immediate area and needed assistance. Disabled user was instructed by a government body that the blue badge permit allows parking anywhere as long as it's not causing an obstruction,

 

they parked in a street that no longer had through access for road users, pedestrians were able to use the street to get into the city centre (though parking was still available to permit holders, loading bays and on street parking etc as businesses were still open ) as the council put barriers up and work was ongoing at a huge store that had a fire.  

 

Owner is not willing to pay this alleged contravention, this carer is no longer in business. 

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Sorry but I'm no expert on parking matters and I don't know if the process in NI is the same as in England.

 

I think that what @Michael Browne was saying in #10 is that if the registered keeper had submitted initial representations against the ticket, but never got a reply, then the RK could file a Statutory Declaration to reset the process.

 

But if I've understood correctly, I don't think that avenue is open to the RK as the RK didn't make any initial representations because they never knew about the ticket until now.   (Or at least I think that's what you are saying?)

 

I'm afraid I don't have the expert knowledge to help you.  In order to get the right people to  give you the correct advice I think it would be helpful if you could give an itemised timeline in chronological order.  Include details of what has happened; include dates and details of all correspondence received by the RK and who it was from; include details of all responses made by the RK.  Include everything that you know has happened.

 

What I don't quite understand is that it sounds like several notices to the RK must have gone astray for it to reach this stage.

 

Good luck - I'm sure others will chip in

 

 

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