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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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Excel Parking


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Whatever you do, do not telephone Excel as it is a premium rate number. Better just to write to them each time and tell them to take you to court or stop harassing you. Somebody else here has suggested that you could charge them for each letter they write to you, I'm not sure about that but it might work.

The carpark in Mansfield has cameras that snap you entering and leaving, but they will find it difficult to prove who was driving your car,especially entering where they snap the back of your car, so bear that in mind.

Good luck and just refuse to pay them as I am doing.

 

I threatened to charge a company called Parking Eye for hassling me so I stated that the first 2 letters I received from them would be free but if I received a third they would be agreeing to my contract of £50 a letter and this third letter would ALSO be free. However, if I received a 4th letter from them, or any agent of theirs concerning this matter, they would have to pay for all 4 letters £200. I had 3 letters but they failed to tell me they had cancelled the ticket because it was the 4th letter and they didn't want an invoice for £200.

 

These companies are a disgrace

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Hi Everyone

 

Sorry if this gets posted in the wrong place, i've not done this before. I never dreamed there would be a whole forum for venting anger at Excel parking. I'm so glad there is!

 

Since Excel took over management of our hospital car park they have increased prices from 30p/day to £1/day for staff (don't even ask what visitors now have to pay). I have been waiting 2 years for a proper permit without success, surviving on a series of temporary permits. However, Excel only really irritated me when they gave me a ticket.

 

To summarise, in January I parked in the car park in an "unmarked space". This is normal practice for this hospital as there is a major parking space shortage. Usually vehicles parked in the spot my car occupied, in addition to many other unmarked spaces, do not recieve tickets. If they did, there would simply not be enough spaces for all the hospital staff to park, let alone visitors. The space was on a "loop" ie with 2 routes for access. When I parked, no obstruction was caused.

 

When I returned to my car later on I found another car had parked (also in an unmarked space). The two cars together caused an obstruction (although no one was blocked in because of the "loop" mentioned above). I had a fine, the other car did not. The reasons listed were 1) causing an obstruction 2)parking in an unauthorised area

 

I appealed against the fine (for obvious reasons), and unfortunately admitted to be the driver.

 

Six months later, I have recieved a letter saying my appeal has been rejected, saying that it was my responsibililty to check parking was adequate prior to leaving my vehicle.

 

Is it worth me fighting this? As I understand it, these things rarely end up in court. Shall I try and charge them £50 a pop for letters that I write, like someone tried with another parking company. That was inspired.

 

As I say, I'm completely new to this, any hints and tips would be well appreciated.

 

Thanks,

Tiny

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It was £40. I actually found out we have a "Parking Liason Officer" at the hospital, independent of Excel. She seems to think she has the clout to stop the whole thing, but from the sounds of it I can expect some follow up threats from debt collectors anyway.

 

I'm a bit skeptical as to whether she's going to be able to pull this off, so any more help would be greatly appreciated!

 

Cheers, Tiny

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I have just received a notice from Excel for a ovestay on a car park, the story goes, I realised i had no change - 50p for the meter, so i got out of my car, and went to the bank, whilst in the bank, the staff decided to top up there cash machines - so i got locked in, after ten - fifteen mins later, i rushed to get the ticket from the machine, which was based on a bottom car park, i returned to my car(top car park) , but thier was a fine on it, bearing in mind i paid at the first available opportunity, i had the ticket to prove it, i written to excel to say what had gone on, but they have refused to waiver the amount.

 

Should I pay this £ 100.00 - or try and reason with them, or tell them to go and boil thier heads?

 

the ticket was issued 11.56am - my ticket from the machine 12.08, i have asked halifax to clarify that the bank closed its doors on this day, but they cant help either.

 

Any advice?:( - Or just hard luck - pay up

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It should mention it on the ticket you got. There should be reference to either the 1991 Road Traffic Act or the 1984 Road Traffic Act if it is a local authority PCN. If there is no mention of either of these acts then it has been issued by a private company, which puts a totally different complexion on things:D

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Thanks Rob

 

I have checked my ticket, there is no mention of any Acts on the original, but on the notice i have received reads pursuant to section 69 of the county court Act 1984, interest will be charged.

 

Have you got or anybody any suggestions, of a nice polite letter to send back to them, i forgot to mention, that when i parked the car, i had my 83 year old grandmother with me to escort back and forth, so you can imagine, everything was a little bit slower then neccessary.

 

I am getting worried day by day, that this will drag on, and i will end up paying £ 100.00 plus court cost and interest for a overstay of not more than ten minutes.

 

I am also inclined to charge them for my letters and charged them interest on my actual ticket i got from the machine.

 

Thanks Again

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On the Notice of Owner Reads

Liability for the parking charge notice (PCN) Charge lies with you the owner

 

for parking vehicle Reg ****** in a controlled parking zone @ **** on the ***, whereby the said vehicle contravened code 94 (parked without displaying a valid ticket/permit)

 

You are hereby advised that unless the amount, as detailed below is in our hands within 7 days from the date hereof we may without further notice to yourselves immediately institute proceedings against you of recovery of the said amount.

 

Goes on amount sending it in before the 7 days due to the post.

 

Failure to pay this notice may result in court proceedings being taken against you which may lead to warrant being issued to baliffs.

 

Should you wish to aviod court action, solicitors fees and interest you must pay central payments office the amount stated within 7 days

 

Court fee 30.00

Solicitors scale cost 50.00

 

Then it has the paragraph amount the pursuant underneath, nothing else,

 

If this carried on it would be £ 180.00 - and will i have a CCJ against me?

 

Please Help

 

1. I can not even afford the £ 40.00 let alone the £ 180.00

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Right, to me it sounds like a private ticket, in which case you're fine, just read the sticky at the top of the Parking forum labelled Private Parking Companies. However, I'd wait until someone like patdavies comes along, just to double-check that it is a private ticket.

-----

Click the scales if I've been useful! :)

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That is a private ticket 100%! With a local authority PCN you have 14 days to pay and there is no mention of court costs or solicitors fees. Don't bother writing to them, wait until they write to you and then simply write back to them the following:-

 

Dear Sir/Madam

 

With reference to the invoice you have sent to me for an alleged parking infringement, please note that I am the registered keeper of the vehicle. Any purported contract that you claim to have had is with the driver of the vehicle on the day in question, not the registered keeper. I would advise you to contact the driver of the vehicle. Please do not contact me again unless it is to inform me that you are taking no action against me as the registered keeper.

 

Yours faithfully etc etc

 

 

They will keep on trying it on and making all sorts of threats, but at the end of the day the most they can do is take you to county court and claim for any actual losses they have incurred. To win they would have to provide proof of who the driver was and proof of the fact they entered into a contract with them. There is no liability for a registered keeper to settle an invoice for private parking.

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I have already written to them saying i was the driver, and explained my circumstances, any other template i can use?

 

I really dont want to pay this, but if i need to i will, but it would have to be in installements, any more suggestions?

 

I have read the sticky, but its confusing me completely, i am not very good at things like this

 

Thanks

:confused:

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Amands, the most important thing to do is not to get worried over this. Parking infringments are absolutely not worth getting worked up about, especially concerning these private companies who are just trying to make a profit from normal people. Write back to them as Rob S has stated, regardless of what you have already told them, and add the line that if they contact you again you will be taking it as harrassment. As Rob clearly states, they have to prove your liability, its not as easy as they make out and they know it.

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How would you suggest i word this reply back to them, because i have already admitted i was the driver, if it ever goes to court, they will revert back to my original letter.

 

Any advice Plz

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Dear Sir/Madam,

 

With regards to your invoice for £100 for parking at the xyz car park on xx/xx/2007, I will not be paying you this amount. Your invoice amounts to a penalty charge which is illegal under UK law. All you can invoice me for is your actual losses incurred on the day. This would amount to a charge of xx pence for the 15 minutes that my car was parked without a ticket. I have enclosed a payment of xx pence to cover this cost which I regard as a full and final settlement of this matter.

 

Yours faithfully,

 

etc etc

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I had a problem with a company called Parking Eye. The failed to have their contract outside the car park and they had the word FINE in the wording of their T&C's.

 

Each time they contacted me I wrote back stating that the cost to them would be £50 per letter that I had to open from companies I have not authorised to write to me.

 

I stated that the first 2 would be free and if I received a third letter from them or an agent of theirs then I would accept their acceptance of the contract between us. I would not charge for this letter but would charge for ALL 4 if I received a fourth letter.

 

They cancelled the ticket as they were 'concerned' (their words) about contacting me.

 

My sister tried that with Excel and had the same response a cancelled ticket after 3 letters.

 

hope this helps

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