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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
      • 161 replies
    • 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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Friends MET/QDR/dcbl PCN PAPLOC - out of bay - 7 mins stop - The Brewery, Romford **RESOLVED**


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MET are historically not very litigious but they are going through a phase ATM of issuing claim forms.  The good news is that concerning the last one, once it was defended properly they wet themselves and discontinued.

No guarantee of course.

HB beat me to it.  There's no point you getting brilliantly genned up on legal arguments and how to fight the claim, if a completely different person will be in court. The Number One reason court cases are lost here is because the defendant won't deal with their own case.

Please fill in HB's sticky.  dx100uk will be on shortly to advise how to start the defence process.

Edited by FTMDave
Typo

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Answers in blue text. 

Which Court have you received the claim from ? CIVIL NATIONAL BUSINESS CENTRE

ame of the Claimant :  MET Parking Services Ltd         

Claimants Solicitors: DCB Legal Ltd

Date of issue – 23 Feb 2024

Date for AOS - 12 March 2024

Date to submit Defence - 26 March 2024

What is the claim for  

1. The defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXXXXXX at (159) The Brewery, Romford, RM1 1AU. 

2. The PCN(s) were issued on 07/06/2021

3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Out of Bay

4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

AND THE CLAIMANT CLAIMS

1. £170 being the total of the PCN(s) and damages.

2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.01 until judgement or sooner payment.

3. Costs and court fees

Amount Claimed £208.44

court fees £35.00

legal rep fees £50.00

Total Amount £293.44

Have you moved since the issuance of the PCN? (y/N - if Y state Date too) N

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? Y but received over 2 months prior to claim form. Didn't complete any of the pack just sent a snotty letter as detailed below.

Letter of Claim received on 13 December 2023

Snotty letter sent on 08 January 2024

Response from DCB Legal received on 17 January 2024

Claim form issued 23 February 2024

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yes aos

defend all

juris untick

no don't need to repload i didn't see its my error dw

Edited by jk2054

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pop up on the bulk court website detailed on the claimform.
[if it is not working return after the w/end or the next day if week time]
.
When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.

Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word.

You will be emailed your Government Gateway 12-digit User ID.

You should make a note of your memorable word, or password as these are not included in the email. <<**IMPORTANT**

 then log in to the bulk court Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
defend all
leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit the website

.get a CPR 31:14 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim

type your name ONLY

no need to sign anything

.you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

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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It's just a standard template letter, so fine.

As for the landowner - I doubt it as the "offence" was in June 2021.

What about the point made by HB and me that you are not the defendant in this case?  It is the defendant who needs to get genned up on legal arguments as they will be in court, not you, the Number One reason court cases are lost here is because the defendant is never here and uses "on behalf of".

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

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Thanks FTMDave, will send letter tomorrow. 

I'm going to speak to the defendant and stress that they need to be part of this process now. 

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  • 2 months later...

Dear all, 

Apologies for delay updating the thread.

My friend did not respond to me directly.

However, I have now discovered they paid the invoice rather than being prepared to go to court. 

Please accept my apologies for time wasted. 

JK

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  • dx100uk changed the title to Friends MET/QDR/dcbl PCN PAPLOC - out of bay - 7 mins stop - The Brewery, Romford **RESOLVED**

You haven't wasted our time at all - thanks for coming back and letting us know.

It's pure speculation but perhaps if your friend had dealt with their own case here they might have understood the legal situation better.

It makes no sense to pay months & months before the hearing.  In the last two MET court claims we have here MET bottled it and discontinued a few weeks before the hearing.

Even if it had got to a hearing, and even if MET had won, the judge would have disallowed the £70 Unicorn Food Tax MET made up plus a chunk of the interest.

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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  • 2 weeks later...

For the benefit of anyone else who finds this thread in the future ...

... today in rocky_sharma's case, which was at Witness Statement stage, MET bottled and discontinued.  They have done the same thing in three successive court cases now.

This disgusting company regularly starts court claims - even through they have no intention whatsoever of actually proceeding to a hearing.  They hope that a lot of motorists will be terrified of the idea of going to court and will give in.  Sadly they are presumably right as they keep doing the same thing.  It's a numbers game to them.

The last three Caggers who were sued fought back and defended the claims - and MET didn't have the guts to continue.

I think the lesson is obvious.

  • Like 2

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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