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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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Parking Eye PCN Claimform - Goodmayes Hospital, IIIford , Goodmayes Hospital, Barley Lane, Ilford , IG3 8XJ


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Definitely a cop out...

The "reasons" given for not being able to intervene are extremely vague and wooly.

When Estates attempted to cancel, the response from the parking eye system was:-  “Cancellation request has been aborted, a pending request for this case already exists”

And

"however there is no more that we can do due to the time lapsed between the fine being issued"

Maybe one last email attempt?

Parking Eye are your agents, directly employed by you I fail to understand why you cannot cancel this charge in accordance with Government Mandate.

Your comment: "however there is no more that we can do due to the time lapsed between the fine being issued" is a little puzzling.

Please could you forward me a copy of your contract with Parking Eye, highlighting the section which prevents you from cancelling PCN's. (This could be useful later, if they comply.)

Whatever happens, I shall not be paying this charge and if it degenerates into legal action, with Parking Eye being an agent of Goodmayes Hospital, the Hospital will quite possibly be involved as a third party.

 

Maybe too pushy? See what the others think...

Alternatively, (Wince!) because of your circumstances you may still, sadly, end up paying the fleecers something to get it stopped.

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They will not accept whatever you say.

To get your points across, you'll have to go to court. 

And your personal circumstances won't allow that?

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So, have you had a chat with Mum? Is she up for a court appearance?

If so, the team will offer their help.

Yes, your case is good, but... there's always what's known as Judge lottery.

If you get one in a mood, or not really up to speed, or any other number of things, it could go pear-shaped.

No guarantees... However, we've an 85% success rate in court helping other Caggers.

Is mum the "charming little old lady" type?

------

This is a frustrating situation.

Reapstar appears to be the type of user we like here... Up for the fight.

Unfortunately, his personal circumstances make it difficult.

Another thought comes to mind...

Reapster could out himself as the driver (thus losing his POFA protection) and fight on with the other good points mentioned.

The only issue then would be his extended time out of the country. I'm not sure whether the Courts would allow him to explain this during the process and push back the case for 6 months. (cant remember the document which holidays, etc are declared on).

The alternative could be a remote hearing on the phone, zoom, etc?

Thoughts guys?

In the meantime, it might be worth a go at contacting the fleecers offering to settle their true costs of £35?

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And as the fleecers made their offer  under a "without prejudice" clause...

Add something like:

If you insist on pursuing this through the courts, this letter will be brought to the attention of the Judge.

 

???

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OP would only be bringing his own letter to the judge's attention.

Or, can you not even refer to the without prejudice letter from the other party?

 

ps just read the without prejudice hotlink and it doesn't really address this situation.

We could do with some help from you.

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It looks to me like you've been very tolerant of their stupid demands and simply made the offer to avoid further action and costs to the fleecers.

You could say the same thing about the fleecers. Why have they dropped their demand from the original stupid £185 to £70?

Answer: Because they know they won't get £185... And anything's better than nowt!

 

Would you be prepared to pay £35?

We could do with some help from you.

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You still haven't got it Reapstar!

They have no morals... or brains.

They are just bullies who get away with this all the time, because their victims just throw their hands in the air and give up.

That is what they're hoping to do here.

It's simply a war of attrition...

We could do with some help from you.

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Reapstar,

Surely, you must realise that you're going round in circles with this.

It is what it is.

If you care to look, experienced moderators on this forum have been dealing with these situations for a number of years.

Don't you think that all legal options will already have been explored?

Things are afoot to control the they, but there's been a bit of a bump in the road

 

[Withdrawn] Private Parking Code of Practice - GOV.UK (www.gov.uk)

 

I think I've already said, you DO have recourse... Win in court, then pursue them with your own claim for breach of GDPR.

You would probably have to put some serious time into this, but the forum would help you.

The payoff could be sigificant, but as usual with courts, there are no guarantees.

Also, as you say, they mess up with the SAR, so you could also pursue them with that.

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  • 2 weeks later...

If we wait a few days, Reapstar may well have a bargaining chip in the form of a SAR claim.

(Could negotiate discontinuance of both claims. With Reapstar's costs being covered, of course).

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  • 2 weeks later...

Like me, the others probably thought their burbling response meant absolutely nothing and wasn't worth comment.

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11 hours ago, Reapstar said:

With regards to the admittance that they were told to stand down, how does this help us??

I would presume that because the actual landowners instructed the fleecers to discontinue... they should have!

They are simply agents of the landowner and under contract.

Organ grinder and monkey comes to mind.

Well spotted Dave.

Just goes to show, we have to read paperwork thoroughly!

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Further compounded by Reapstar graciously offering to cover their £35 loss and the fleecers STILL refusing to discontinue.

We could do with some help from you.

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Stick with what you're doing at the moment. LFI's stuff will be useful in your witness statement, if it goes that far...

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  • 1 month later...

Well if there's 20 + pages, it looks like there's more than you posted earlier.

Is it actually a witness statement?

Or... is it stuff from their claim against you?

We could do with some help from you.

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It's OK reapstar.

Admin can still see it.

If no-one else does it, I'll redact and repost tomorrow when I'm on a desktop. 

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  • 1 month later...

Don't be too hard on Mum!

If she's like me, she just wants an easy life.

Only difference is that I wouldn't pay money to a PPC to get it...

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