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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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Not sure how to proceed after hit and run accident in private car park.


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Who was it who is holding the copies of the footage? How did you attempt to get hold of it from them and what was the actual reply?

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First of all, the police are feeding you a line. Because it happened on private property is no reason to prosecute.

Why on earth do you believe this kind of stuff??? This is really what they told you?

You say that the driver hit your vehicle multiple times – how do you know?

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Who was the lawyer who gave you this unimaginative and unhelpful solution? I hope you didn't pay good money for this advice.

I think you should write to the police – you seem to be using the telephone, I have no idea why.

You should write to the chief inspector administration of that particular station and you should tell them that on such and such a day at such and such a time that such and such a location you with a victim of criminal damage contrary to section 1 of the Criminal Damage Act 1971.

It's clear that if at least the damage was not caused deliberately, it was caused recklessly because there were multiple strikes against your vehicle. You have already informed the police and they have declined to deal with it because they said that as it was on private property they had no jurisdiction.
Clearly this is not the case. Although you understand very well that the police are under resourced, this case has been supported by compelling evidence. You are the victim of crime, you want a crime reference number and also you want access to the footage or at least access to the registration number the vehicle which it you – and which you have been told by more than one source is clearly visible on the video.

Keep the letter polite – but maintain your position. Send the letter by special next day delivery so you have a full record of it having been sent and having been received.

Similarly, send a letter to the company which holds the footage and tell that you have been the victim of crime that in a car park at XX location on XX date XX time, your vehicle was struck multiple times by a vehicle which then drove off.
Tell them that the matter has been reported to the police but clearly the circumstances here are that GDPR does not apply and you would be grateful if they would supply with the vehicle registration number of the person who hit you as clearly they committed an offence under the criminal damage act 1971.

Of course the company will knock you back – but you may as well get it on record that you did request information.

 

And by the way, if you really want to be cheeky and get their backs up, you could tell them to apply the chief inspectors daughter's test

Who is the lawyer who told you that nothing could be done? Did you pay them money

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Nothing in what you have just posted changes my earlier advice in terms of writing and alleging that you are the victim of crime – criminal damage under the Criminal Damage Act. 

 

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Start working on that and then post it up again

To the chief inspector.docx

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Incidentally, it seems to me that taking this approach of making an allegation of criminal damage is probably the only way that you're going to get the information you need. However, it's not guaranteed that you will succeed – but I haven't seen any other suggestions which have a better chance of working.
It's not exactly a long shot – but it may still be difficult. You may have to write more than one letter – but we will see how it goes.

Have you taken pictures of your own damage? What is the value of your damage?

 

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I don't think there will be much power to do anything but it could be worth a bluff.

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Quote

obtained a copy of the CCTV from the XXX (please name who’s holding the CCTV footage) but in the ...

Do you think should fill in the blanks?

And also give the name and address of the company holding the CCTV footage. If possible get a reference number and give that to the police as well.
Warn the company that the police are taking an interest. In fact send them a copy of this letter.

Once again, don't hold your breath. It's a bit of a longshot. If you don't get a response in about 10 days then come back here. We might as well keep on trying and I would say that the nesting would be a complaint to your MP with a copy of this letter.

Let's see how it goes.

Meanwhile, monitor the car park for a vehicle with signs of damage and even paintwork from your own vehicle

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Okay if it's gone through the insurance company – then in a few weeks time – whenever they get hold of the footage, you will be able to send them an SAR was will produce the CCTV that you need.

Give it a bit longer and the insurance company will probably have obtained the details of the culprit and they may disclose it to you – maybe

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Send your insurance an SAR

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Take photos 

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