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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 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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derbyshire constablury and taxi ranks


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hi all

great site....keep up the good work.i got a ticket in chesterfield issued by the derbyshire constablury because i was on a taxi bay.i have a van and the only options for parking was a multi story(i cannot get my van in),double yellows or a taxi bay(10 of and all empty).i had put a sign on my windscreen saying loading will be 10 mins...i was just under...but still i got one.it wasnt in a yellow cover just on its own and the weather was atrocious tho i could still read it.does anyone know if i have any rights to fight it.regards:idea:

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If this has been issued by the constabulary rather than the council then it is a Fixed Penalty Notice (FPN) not a PCN.

 

You can fight it by pleading not guilty at a Magistrates' Court hearing. You will need reciepts/invoices/delivery notes or the like to prove that you were loading/unloading. A witness statement from the person you were delivering to may be enough. There is case law to support the loading/unloading defence.

 

One point, as this is an FPN, you must take positive action as detailed on the FPN to request a court hearing - if you do nothing, you will be convicetec by default.

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Where abouts in Chesterfield was it? I know the town centre has CCTV cameras, and as you mention Multistory I suppose its either round packers row wheres theres a camera which might show you loading/unloading or was it down on Beetwell street?

 

You could try SARing to get the CCTV footage?

 

Tom

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I was under the impression that CCTV which contains footage of you is classed as personal data, the same with a recorded phone conversation and is covered by the DPA.

 

SAR = Subject Access Request; Its the formal request you send to a Data Controller under the Data Protection Act that let you, by law, obtain a copy of all the data that they hold on you.

 

Tom

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I think you would have difficulty arguing that CCTV footage containing images of an individual should be treated as personal data.

 

 

No difficulty at all. Both audio and video recordings are, in law, documents.

 

Personal data is that which may lead to the indentification of a person - which a picture would definitely be.

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No difficulty at all. Both audio and video recordings are, in law, documents.

 

Personal data is that which may lead to the indentification of a person - which a picture would definitely be.

 

I visited the Manchester United Football Club Museum a couple of weeks ago, there were signs up all over the visitable area stating that there was CCTV and as such, Data Protection Act applied..

 

Hope this helps!?

 

Best Regards - Dave.

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