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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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UKPPO CCTV Capture PCN - Parked in Electric Bay - Tesco Express 212 Manchester Road, Kearsley, Bolton, BL4 8PZ.


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No you're not doomed.

It's a shame you covered up the dates and times on your PCN since they can possibly help your case when they don't comply with the requirements of the rules in private car parks.

Could you please therefore include the arrival and departure times as well as the date of the offence and the date on which they alleged they sent you the PCN.

The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4.since the wording should invite the keeper to pay the outstanding amount. Also I cannot see on the PCN that UKPPO are the Creditor though I may have missed it since it is so unusual not to include it.

The upshot is that you as keeper are no longer liable to pay the charge if the driver fails to pay within 28 days-0nly the driver is now liable. As Courts [assuming it gets that far ] do not accept that the driver and the keeper are not the same these rogues will have a hard job who was driving unless you appeal or have appealed and revealed who was driving.

You did say that you weren't parked there long and had that been correct you have perhaps 15 minutes where you might have had a further. argument. As it judging by the confusing times mentioned in the wording or the PCN you were there for almost an hour?

However as the light was not good and I presume the signs were not illuminated that is a reason that you could not see the sign. And did you have your blue badge showing ?

Interestingly the post code quoted does not agree with the Post office one in West houghton = BL5 3JS

Are there two different Tesco  car parks in Bolton.

You obviously could not be in two places at the same time...............

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  • dx100uk changed the title to UKPO CCTV Capture PCN - Parked in Electric Bay - Tesco Manchester Rd Bolton BL4 8PZ

Thanks for clearing up the time question.

i don't know why they even issued you a ticket as you left well within the 5 minute Consideration period [that is to give the motorist time to read the T&Cs before deciding to park or leave because the rules were unacceptable .They have actually breached your GDPR as well as not issuing a compliant PCN.

It was late night/early morning when I saw your thread so was kind of tired and missed your blue badge [I am not currently in the UK].

The first thing to do is to visit Tesco and speak to the manager. Explain you were there late at night getting something for your disabled daughter; you are a regular customer; there were no disabled parking spaces nor any other parking places;

  it was dark and the electric charging spots were empty; you had never used them before except when they were disabled spots so you had never needed to read them even had you been aware that there were any. You were in and out for less than four minutes and would have been less had there not been a long queue.

I used to go to Sainsbury where my wife regularly got PCNs for overstaying and they always cancelled her PCNs  I am hoping that Tesco will be similarly as helpful to you. If he/she is not then a letter to their head office might get a better result. But a personal visit [not using the ev spaces 🙂] is better than a phone call.

Take your PCN with you so they can write down the reference number and point out that their should be a 5 minute Consideration period and you were gone before they should have issued the ticket.  

That would be the quickest way to resolve it.

Sorry Dave our posts crossed-mine took a bit longer.

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  • dx100uk changed the title to UKPPO CCTV Capture PCN - Parked in Electric Bay - Tesco Express 212 Manchester Road, Kearsley, Bolton, BL4 8PZ.

You could still write to head office. I find that some supermarket managers do not have the authority to make these decisions. So rather than admit that they fob their customers off.  One would have thought that  as a regular customer H.O. would take that into consideration in dealing with you request.  Explain that there is a five minute Consideration period that has been ignored by UKPPO which is in breach of the Code of Practice that are supposed to observe. And as such they have breached your GDPR

There is no need to appeal.  You already have enough knowledge to fight off their stupid claim as I pointed out on Post 2. They do not know who was driving and as long as you don't appeal they will have no proof to name who was driving in Court. You as keeper are not liable because the PCN is not compliant. You were only there for under four minutes with a five minute Consideration period. 

They have no chance of winning should they go to Court. You have as near to an open and shut case in your favour. Why would you want to appeal.There is no mileage in it for them to accept your appeal especially as you did park where you shouldn't.

You can totally ignore everything they send you  except if they send you a Letter of Claim. Then come back to us if they do and we will get you to send a suitably snotty letter which hopefully will change their mind about going any further. Go on with your life and don't worry. And we are always here if you wobble

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