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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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APCOA ANPR PCN - Hove Station


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1 Date of the infringement 14th May 2024

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 24th May 2024

3 Date received 27th May 2024

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No

5 Is there any photographic evidence of the event? Yes

6 Have you appealed? [Y/N?] post up your appeal] No

Have you had a response? [Y/N?] post it up N/A

7 Who is the parking company? APCOA Parking (UK) Ltd

8. Where exactly [carpark name and town] Hove Railway Station

For either option, does it say which appeals body they operate under. Unsure 

Received this after payment failed to go through on the app.

This has happened before and I don't really want to have to pay these parasites again.

I have not appealed or had any contact since receiving this notice but the payment period runs out in a few days and wanted to know the best plan of action. 

Many thanks!

 

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Hi.

Thank you for the information we need, the guys in the know should be along later to help you.

In the meantime, your attachment needs some editing please, to keep this anonymous. You need to cover up their reference number and your car reg. It's on their correspondence at least twice and in at least one of the photos.

And please don't appeal to anyone, it usually causes more problems than it solves.

HB

Illegitimi non carborundum

 

 

 

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OK, the legal position is this.

The vast majority of people being pursued by private parking companies have supposedly done something wrong on private land, such a overstaying the time limit in a supermarket car park.  In these cases they can sue someone through the civil courts, and sometimes they do.

Your situation is different.  Railway car parks are covered by criminal bye-laws.  The correct procedure for someone doing something wrong with a car is prosecution in the Magistrates' Court and a fine paid to the state.  In fact APCOA are so stupid that they've admitted this, with reference to "penalty notice", "offence", "bye-laws", "bye-law 14", etc.  They can't sue you for payment.  It is a criminal matter, not a matter for the civil courts.

They come out with the grand apocalyptic threat of starting a private prosecution in the Magistrates' Court.

1.  Private prosecutions are very rare and difficult to bring.

2.  There is no incentive for APCOA to do this as the fine would go to the state, not them.

3.  I've just looked at all our APCOA threads.  They have never sued anyone in civil cases which is extremely easy to do, let alone brought private prosecutions.

It's hot air from paper tigers.  Just ignore them.

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  • dx100uk changed the title to APCOA ANPR PCN - Hove Station

can you pop your scan of both sides of the PCN up again please

dx

 

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 attached... what do you need to see?

Ok, thanks for this and noted.

I am moving house in a couple of months - should I notify them of this?

Is there a limitation period?

I've never had bad credit and a CCJ could jeopardise my job for being a moral hazard.

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Notify them of your new address when you move yes. 

You should do this with all your creditors and twice with the DVLA (once for licence, other for car V5C)

Limitation period is 6 years for private cases. 

Don't worry about a CCJ. They're a punishment from the court. For that you'd have to:

Get a letter of Claim.
Ignore that and get a formal claimform.
Either not defend, not meet directions or go to a court hearing and lose (highly unlikely when following the advice here)
Get judgement awarded against you
Ignore this and not pay in full within 30 days.

Only once all that has happened is a CCJ registered against you.
 

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Because they can pester you for free.

And if it ever goes to court, they can send you important documents at one minute to midnight the night before the hearing, so you don't have time to look at them.

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Illegitimi non carborundum

 

 

 

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I read the Ignore thread that your reply linked to and it recommends that a letter be sent:

You should write to the car park owner - the supermarket etc - not the parking company- with a brief letter denying that any money is owed at all. Also ask the car park owner if they have given authority to the car park operator to bring any legal action against you.

You should also complain and asked them why they are prepared to sell their reputation by treating their customers as enemies – and wouldn't it be better that the £160 odd, which the private parking company is trying to take from you were spent in their shop/supermarket rather than going to a wholly non-productive company such as [X X X name the company X X X]?

The car park owner will also realise that it is their reputation which is associated with their draconian action - not the parking company which is merely acting as a fall-boy.

Should I do this or just ignore it entirely?

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NO EMAIL.

Not only for the reasons outlined above.

CPR Rules state that PAPLOC's can't be served by email unless you give them express consent to this (just giving them your email address is *not* express consent), meaning that they have to be served by post.

Either way, a court claim can't arrive by email either. The courts will send that by post. They'll file it to your old address and you'll have no idea until a couple months later when all of a sudden a CCJ is on your credit file because they've obtained what we call a backdoor CCJ.

In easier terms, stick to proper post for legal/contractual disputes.
 

2 minutes ago, AceEagles said:

Should I do this or just ignore it entirely?

In this case, ignore entirely. That is more useful for more "normal" private parking invoices.

  

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SERVICE BY EMAIL

Rules 6.3(1)(d) and 6.20(1)(d) of the Civil Procedural Rules (“CPR”) allow service by email of claim forms and other documents; these Rules are supplemented by Practice Direction (“PD”) 6A. In accordance with PD 6A.4, in order for service by email to be valid, the recipient party must have previously indicated in writing to the party serving that they are willing to accept service by electronic means and provided a fax number, email address or other electronic identification to which it must be sent. The PD also requires the sender to ask if there are any restrictions on the size of documents that can be received by email.

 

.

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Lolerz is spot on.

The limitation period is six months for prosecution in the Magistrates' Court.

Six years for bringing a civil claim.

I know you'll be thinking "it can't be both" but never underestimate the PPCs' contempt for the law and their utter greed.

In this case there is no supermarket chain, etc., so just ignore.

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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can we have the PCN bothsides to one mass pdf please

previous uploads keep being made unavailable ??

dx

 

 

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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just type no need to keep hitting quote.

it makes finding where your reply is on a phone screen so very difficult and makes a thread twice as long as it needs to be.

thread totally tidied now.

thanks for the pcn

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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would be interesting to see the contract with network rail? that allows them to issue Penalty Charge Notices enforcing railway byelaws.

this actually could be enforceable but not by APCOA!! only by the TOC.

but as they have not sent the PCN themselves...:pound:

dx

 

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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