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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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Leaving the scene of an accident?


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I will try and keep this short...

 

My husband parked his car when he went to work yesterday, while it was parked it was hit by a large van and it has caused quite substantial damage, fortunately he works in a cctv/security centre and the building is surrounded by cameras! He has looked at the playback and it turns out it was hit by a TNT van, I'm just wondering has this guy actually committed a crime by driving off and not doing anything?

 

They won't be able to dispute it was their van that caused the damage because for one it was caught by about 3/4 different camera angles and also our car is covered in orange paint!

 

Hubby is about to give them a call and would like extra ammo to throw at them!

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I was told by the Police once that I may have committed a criminal offence (any more than "MAY" would have to be decided by a court) by leaving the scene of an accident, and/or not reporting it within 24 hours.

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The law provides that a person must stop after a RTI wherby damage is caused to another car, person,other property, cattle, horse, ass, mule, pig, dog, oxe or goat ! (CHAMPSDOG).

 

The definition 'stop' means a bit more than literally stopping. The driver is expecting to give his details to all parties who reasonably require them. Perhaps the driver gave his details to the store ? (unlikely I know).

 

Maybe he gave them to a Police station within 24 hours?

 

I would report the matter to Police as a fail to stop RTI.

 

FP

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What we don't know is whether the driver called in the accident to his depot at

the time, or reported it to his local police station at the end of his shift, or did

nothing at all. Certainly he would have to explain something to his firm as I

assume the van was also damaged.

 

Whatever he did, or didn't do, you have the video-you do not need any more ammo.

And if he didn't report it, that does not help your case-it just means he may be

charged by the Police with an offence.

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Guest Lueeze

I say they guy obviously KNEW what had happened, report it to the police, as also I think you have to do this for some insurance ploicy clauses if it is an "unknown" person who did the damamge....I would be So angry, Let us know how the call went!

 

Lou x

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If Mr TNT truly didn't know, no offence has been committed.

 

I think you need to read the posts above. Getting out, having a look and driving off would suggest he was perfectly aware.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Guest Lueeze

Hmm thats VERY unlikely, he could have tried to do this only IF they didnt have CCTV footage, but he has no hope in hell of toeing that line now! He KNEW he may have hit something and as the OP said the car had orange paint right down it, so theres no room to squirm on this I think the OP has a VERY strong case!

 

Lou x

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Guest Lueeze

Yes and surprisingly, my last company used TNT to deliver mobile phones to customers, we only used them on saturday deliveries and royal mail on weekdays.

 

About 40% of customers using TNT either didnt get there phones (they were convienntly 'lost') or never turned up on the saturday, which was why the customer paid extra for this service in the 1st place!

 

They are cowboys in my opinion, from past experience.

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Hiya

read the thread as as a delivery driver, i know if i said my van was dented when i got back to it i didnt have to pay. but no im to damn honest lol

 

he wont be saying he hit the car he will say he returned to it and it had a hit and run.

 

Ring the police report it.

Ring your insurance compnay

and for extra info ( but your insurance would do this)

Ring TNT and get thier insurance company.

 

How bad was the dent on the van, could you see it? or teh number plate.

 

If the depo was close to my home, i would drive thier and look for the van, if necessary i would drive in and see a manager ( note his name) and show him the damage, Then explain about the CCTV.

 

The managers and drivers in these compnays run round like nutters on time scales and anything you request may sit on an in tray for a few days.

 

Also if there are any! corners in this situation tehy will make sure they cut round them, So Do what ever you have to do to get yourself in thier faces and taken seriouse.

 

BL

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Thanks everyone for the things you have suggested.

 

 

The driver hadn't reported it to anyone (police or depot), after several phone calls through the day he tried to say it was parked illegally! It wasn't but even if it was it doesn't give him the right to ram it out of the way! :rolleyes:

 

Anyway the car has about £6000 worth of damage, insurance company coming to pick it up tomorrow, it's possibly going to be a write off because of the amount of damage, will keep you posted of any interesting developments!

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Guest Lueeze

6k!!!! God what happened to it then? Is it a bentley or something LOL...

 

Anyway, fingers crossed for you that this all turns out good!

 

Lou x

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6k!!!! God what happened to it then? Is it a bentley or something LOL...

 

Anyway, fingers crossed for you that this all turns out good!

 

Lou x

 

 

Ha! I wish. :D

 

It's a people carrier and the damage on the front passenger door, sliding passenger door and the back panel (It's probably got a name but I don't know what it is! :D) is beyond repair, it has also dented the actual base of the car (don't know that name either!:D) buggered up the steering and... that was where I lost interest! :rolleyes:

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Guest Lueeze

Oh well what a wunch!!! I cant believe he pranged it THAT hard!!!!! (and then tried to deny it!)

 

I would be FUMING!!! GRR:eek: :evil: :evil:

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if that CCTV shows him reckless driving he can be fined hard.

 

I knew him or TNT would go for the parked illegaly thing, it puts a spanner in the insurance claim.

 

If the base of the car is dented it has to go on a chasis stretcher, big costs there.

 

Most times its a write off, depends on if the work costs to the age and cost of the car.

 

String um up and flog um.

 

Take um to the cleaners,

 

let us know how it goes.

 

BL

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I knew him or TNT would go for the parked illegaly thing, it puts a spanner in the insurance claim.

 

BL

 

If the car was ilegally parked, it makes no difference.

 

If you are in collision with a stationary vehicle its automatic Driving Without Due Care & Attention.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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car has about £6000 worth of damage...

 

Blimey - he would have had to write my car off 12 times to reach 6k !!!!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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If the car was ilegally parked, it makes no difference.

 

If you are in collision with a stationary vehicle its automatic Driving Without Due Care & Attention.

 

No, it's not.

 

It is however automatic liability in terms of insurance so the poster is fully covered.

 

However *DO NOT* contact your own insurance company in the first instance. Your policy rate is affected by your claim history *REGARDLESS OF NO CLAIMS DISCOUNT* and *REGARDLESS OF LIABILITY* (well not strictly regardless as the amount it will be affected will change with the amount of liability involved in claims). Painful but true. In some circumstance a single "No liability" claim won't make any difference to your premium, with some combinations of factors, it can add hundreds.

 

If there is a no liability claim, contact the other parties insurer in the first instance. TNT will likely be "self insured" (this means they handle their own claims below a certain value, which will be quite high, £50k or £100k standard in large fleet policies). They should provide you will transport while your car is off the road from the moment it is reported to either being returned to you or being declared a write off *and* allowing reasonable time to purchase a new car.

 

Of course if the other party disputes the claim you will need to go through your won insurer. If its a write off your courtesy car (if applicable) will be withdrawn (with most insurers) so you need to get the other insurer to provide until you can get a replacement.

 

Regards,

Eduin

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Eduin is totally wrong. You must always inform your insurance company in the

event of an accident-even [as in this case] where it is not your fault.

You did the right thing by informing your insurance co. It is especially important that you do every thing by the book when such a sum of money is involved.

Some Insurance cos. will try and avoid their legal responsibilities, and a failure on your part to inform could have given them a possible get out.

 

Good luck with your claim. Having the cc film will be a major plus, but it still may

not be easy or quick to get it all resolved.

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