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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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PCN appeal help please


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legislation states pcn must have a "date of notice"

 

this forum and many other posts and forums, state that if it doesnt have "date of issue" on the PCN then its unenforceable.

 

this forums and other forums also state that the PCN can include "date of notice" as well.

 

this is confusing me, i have 48 hours to pay the pcn off, and im looking for clarification please. my pcn has "date of notice" on it, but not a "date of issue"

on the front it has "date of notice" on the back it states that payment must be made from the "date of issue" of which there isnt one.

 

thankyou in advance for any clarification you can provide.

june... requested and paid for 6 years of statements.

july.... letter sent requesting charges be refunded to account

early august... letter received stating "account could be closed, charges are fair according to abbey"

august 21st.. finally received 6 years statements

august 22nd... requested the wife's 6 years past statements.

august 23rd... letter before action sent giving 14 days to refund summary of charges

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Right. For a PCN placed on the vehicle (or handed tot he driver) Date of Issue and Date of Notice are effectively the same thing.

 

They are not the same thing for PCNs arising from CCTV that are mailed out.

 

What is important about the dates on a PCN is that as well as the date of issue/notice there must be a separate Date Seen or Date of Contravention. Both dates must be on the PCN, not on the tear-off slip

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many thanks for that.... so i have to pay this fine, the wording appears to be correct.

 

the pcn was left on my car, the pcn has a date of notice and date of contravention.

 

the confusing point was legislation states a date of notice must on the pcn, and the DofT model ticket shows it must have a date of issue, it also states "date of issue" on the back of the ticket.

 

thankyou for your clarification.

june... requested and paid for 6 years of statements.

july.... letter sent requesting charges be refunded to account

early august... letter received stating "account could be closed, charges are fair according to abbey"

august 21st.. finally received 6 years statements

august 22nd... requested the wife's 6 years past statements.

august 23rd... letter before action sent giving 14 days to refund summary of charges

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Share on other sites

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