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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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Got caught child's oyster card +60 uses - now SJPN


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they're trying to make me pay £455.60 in fines + £375 TFL Contribution

They generally do more than try, be advised.

Quote

they need their own lawyers

They have in-house, directly employed lawyers, so it 'costs' them nothing.

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I was recommended this forum for these matters

Excellent recommendation this was. Hopefully not too late.

But they have traced the usage of the card and decided, based on probabilities (times, tap in/out points etc.), that that was you rather than the official holder of the card.

The bottom line is that you have to persuade them that prosecution is not in TfL's own interests. But this could be tricky at 68 offences. I'm afraid that the record will look to the prosecutor as if you only stopped because you were caught.

Post up each piece of previous, but redacted correspondence, please.

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53 minutes ago, SusMeist3r said:

Also I don't understand how they can associate me with the previous 68 offences even if they time they line up is very similar, they dont have cctv of me doing it so how would they know?

Unfortunately, they're inferable offences.

This may also be due, in their eyes, to the unlikelihood of a 5—10-year-old travelling around London that frequently.

(Note that a zip card's journey history is only held eight weeks after the journey.)

Edited by Grotesque
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28 minutes ago, SusMeist3r said:

Should I be mentioning  I was using the card many times to save towards paying my loan off as the main reason?

That would literally be a confession! Blimey. I mean - put it like this, what if that was read out in court?!

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  • dx100uk changed the title to Got caught child's oyster card +60 uses - now SJPN
4 minutes ago, dx100uk said:

but i dont think your present version does that job at all.

dx

It certainly does not. In fact, the OP's present approach, while refreshing, is manna from heaven to any prosecutions team...

You need to avoid

a) Blaming TfL for issuing tickets to five-year-olds;

b) Blaming a 68 x lapse of judgement;

c) Blaming your job;

d) Blaming getting caught;

e) Blaming your immaturity. It will not help, and they may suspect this already.

Do:

a) Be honest

b) That's it.

 

It's still worth writing a letter, perhaps more than one, but honestly, you need to avoid telling them everything you've told us.  Respectful, understanding, apologetic - no need to debase yourself - and fundamentally believable. Good luck!

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40 minutes ago, SusMeist3r said:

since she didn't need them since she can't travel by herself

Just to clarify, that's not quite what they're for; TfL doesn't expect five-year-olds to be travelling around the tube!

They're effectively a means of identifying the child and proving that she s/he is eligible for free travel and, therefore, that their accompanying adult doesn't have to pay a child rate ticket.

Merely FYI, though showing you know about the ticket you misused might go down well.

How they are a great money-saver for families with children in a time of austerity, etc, and that you would greatly regret (be double gutted, you know?) if your actions impacted on that allowance.

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It's probably a bit late for sending 4 to 5 letters! Although that does depend on the court date.

Your brutal honesty is not far from the mark, though, I totally agree.

@honeybee13 can probably summarise the court proceedings if we ask nicely.
 

@jk2054 it's a good point about the cash. It's a curious thing, but it's still very vague. There's been a mention of being to broke to afford fares, yet living off capital 🤷‍♂️

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