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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.

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      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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Police offence - using handheld mobile phone (but i wasn't)


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…and now thinking to take the police to court because of the false accusation,

You won’t need to do that. You will probably be offered a fixed penalty  (£200 and six points) for the offence. If you decline that offer you will face prosecution in court.

If you plead not guilty it will be for the court to decide whether or not you were “using” your phone whilst driving and they will do this based on the evidence from the police officers and you. The mobile phone legislation was changed in March 2022 and now doing just about anything with a mobile phone is considered to be “using” it. From your description I believe the court will find you guilty.

If you are convicted you will face a fine of half a weeks net income, a surcharge of 40% of that fine, prosecution costs which will be a minimum of £620 and six points.
 

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  • dx100uk changed the title to Police offence - using handheld mobile phone (but i wasn't)
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...and the car didnt lose control

That is irrelevant as the issue of control oft the vehicle is not an element of the offence.

 

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...and both hands were on there.

Then how did you pick it up? How many hands do you have?

 

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If you read the officers statement its so unreal.

Would you care to post it up here (suitably redacted) so we can comment.

If you plead Not Guilty you will have to ask for the officer who made the statement to attend so that you can cross-examine him to cast doubt on his evidence (unless, as it stands, it does not support the charge).

Do you feel able to do that?

My view is that if there is evidence that you picked up the phone (and you don't seem to dispute that you did) then the court will find that you were using it.

It doesn't matter what else you were or were not doing with it. The principal point of the law is to prevent people faffing about with hand-held phones whilst driving. As soon as it leaves its secure place your phone becomes "hand held" and you were faffing about with it.

If I see the officer's statement I'll reconsider. But purely on your version of events I stand by my earlier comment.

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Since it seems we're not likely to see the statements I'll go on what the Site Team has said about them.

If you have statements from two police officers (who have nothing to gain and everything to lose by committing perjury) that say they saw you handling your phone, you will have to ask them both to attend court and give evidence in person. After they have done so (with their "live" evidence almost certainly agreeing with their written statements) you will have the opportunity to question them. What will you ask them? SImply calling them liars will end badly. Suggesting they were "mistaken" is the way to go, so why were they mistaken? Do you suggest they couldn't see you?

After that, you will have the opportunity to give evidence in your defence (though you don't have to). What will you say? You've told us on here that you picked up your phone cradle, with the phone attached to it, after it had fallen.Will you tell the court that? Bear in mind that after you have given your evidence you can be questioned (by the prosecutor). 

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But if there is no photographic evidence and the phone holder wasnt my phone..

But you said the phone was attached to the holder. The officers' evidence is what the prosecution will rely on to convict you. 

I wish you every success with your defence. Do let us know how it goes.

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