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    • You say that you had some communication with Blue Motor Finance. Did you do this on the telephone or in writing? You should read our customer services guide. It's extremely important. You should try to do everything in writing but if you have to do things on the telephone then you should make sure that you make detailed notes of your call and then confirm them in writing. So for instance if your discussion with Blue Motor Finance was on the phone, you should make a note of everything that was said – including the fact that they said that the matter would have to be investigated because the dealer was prepared to carry out repair – and you should send this to be motor Finance with a note confirming that this was the conversation they had with you. It is very important to develop a paper trail. Otherwise everything becomes deniable. The situation is that if a defect occurs within the first 30 days of ownership of the vehicle then you are entitled to reject the vehicle under the Consumer Rights Act. You have to assert this right by contacting the dealer – and in this case Blue Motor Finance – in writing and point out that you are asserting a right under the Consumer Rights Act 2015 and you are rejecting the vehicle. Tell them that you want arrangements to be made to give you a refund of all costs including any costs or interest which has been levied by the finance company. Be tough with the finance company. Don't act as if they are do you a favour. Make sure they understand that you are not in the mood to muck around and you won't wait very long either. Don't forget that in this case because you have purchased the vehicle through hire purchase, it is Blue Motor Finance which is the responsible party. That is going to be helpful because if you had had to deal only with Chobham, you would have had very serious difficulties. In addition to writing to Blue Motor Finance to assert your rights, I suggest that you send them a copy of the article from the daily mail which has been linked above and you can draw their attention in your letter to the fact that this is the company that they are dealing with. You can send these messages to Blue Motor Finance by email. You should do this urgently. This weekend. You should also tell Blue Motor Finance that you have now taken advice and that you now understand that their initial statement that the matter needed investigation and that the dealer was going to carry out repair, is unacceptable and actually unlawful and contrary to the short-term right to reject contained in the Consumer Rights Act. Tell Blue Motor Finance that if they will not cooperate immediately in returning all of your money and cancelling the finance agreement that you will consider legal action against them for breach of contract and also for treating you unfairly country to their statutory duty under regulations developed by the Financial Conduct Authority. You should stop driving the car immediately. How far away from you is the dealer? Frankly you want to get rid of the car as quickly as possible. If you had not had finance in place then we would have cautioned you about this because you could end up losing possession of the car and also not having your refund. However, as you are dealing with a regulated finance company, and of course as the money has been loaned to you and you have not paid a great deal of it back it, your best interests would be in getting rid of the car so that it is no longer your responsibility to maintain, to insure or to generally worry about.   In addition to the hire purchase loan, did you pay anything on deposit? How did you pay? Did you pay by cash or by debit card or credit card? If you're confident then you should drive the car carefully to the dealer and leave it with them on their forecourt. Do not leave in the streets. You should photograph the car inside and out so that there is no argument later on as to the condition of the car when you returned it. If you are worried about driving the car then you should tell Blue Motor Finance that you want them to make immediate arrangements for the removal of the vehicle. Tell them that you are giving them seven days to organise this at the end of which you will charge in storage at £10 per day. This is assuming that you are keeping the vehicle on your own property and not on the road. As soon as you have got rid of the car, you should take immediate steps to inform the authorities that you are not the owner of the vehicle. Make sure that when you return the car it is returned with all its paperwork but you should use whatever portion of the V5 is necessary to transfer ownership away from you. Take copies of all the documentation before you hand them back. If you fail to do this and if the dealer does not change the ownership – then you are at risk of some other person driving it in your name and incurring penalties for road traffic offences or parking offences. That will then give you more complicated problems to deal with as you have to try and convince people that you are not the owner and not the driver of the car at the time. You should calculate exactly what this whole thing has cost you. This means all of your out-of-pocket expenses including the cost of going to see the car, going to fetch it, driving it back, any expense of insuring it or anything else because later on we will help you claim all of this back. Of course you will claim all expenses and fees et cetera associated with the finance agreement. As a matter of interest, how recent is the MOT on this vehicle? Who MOT'd it?  
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    • Please can you tell us about the car you bought - make/model/mileage/price.   What are the surnames of Nathan and of Alex?   What address are Chobham Central Motors using?   As you will see from this website and from the Daily Mail article -  Downfall of car dealer who sold death traps: Chancer forged court papers and refused to pay refunds | Daily Mail Online WWW.DAILYMAIL.CO.UK Ahmed Alwaheeb's firms sold cars riddled with faults - and which sometimes had government recall notices that required manufacturers to fix safety issues - but refused to refund customers.     You have bought your car from a bunch of dealers who don't seem to be very scrupulous about the way that they operate.  However, you have saved yourself by using a finance company.  I think that you may be the first people we have come across who have not paid cash to this company.   Citizens Advice are right that if your arrangement is a hire purchase arrangement then your action will be against Blue Motor Finance -  Home Page - Blue Motor Finance BLUE.CO.UK     Chobham used to be registered with the Motoring Ombudsman but they withdrew after some decisions against them.   The so called Motorcomplaints service which is apparently run by someone called Alex, is in fact part of the Chobham/EMC etc bunch and seems to have been setup to make customers think that their complaint has been reviewed by an independent arbiter - when in fact it hasn't.   The motor complaints service to which you been referred by Chobham and which is apparently run by Alex should not be confused with the Motor Ombudsman scheme which is a legitimate organisation although frankly it's probably not very useful anyway.   All of this has been reported to Citizen's Advice and Trading Standards many times and nothing has ever been done about them.  Even the Daily Mail article failed to prompt any authorities to take any action   Blue Motor Finance are wrong to tell you that they have to investigate first.  The dealer has no right to insist upon a repair as you have reacted and asserted your rights within 30 days of purchase.   You will have to get tough with Blue Motor and we will help you.  
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    • its an if not they def will.   then snotty letter time
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Bus lane penalty charge - I was 60 miles away!


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I got a letter on xx/xx/xx saying that I have to pay £100 penalty charge for being in a bus lane in London. At the time, I was 60 or so miles away & asleep in a hotel.

This has been going on for a while now & I'm really fed up with it & I want to charge them for my time & expenses for dealing with this because all they do is send me standard letters & demand money for something I didn't do and they STILL have not shown me any proof of what they are claiming!

In the first letter I received, they said that I had ignored their first letter in which they attached photographs of my car in the bus lane (impossible). I never received that letter so I called them & followed up with the following letter (the names have been changed to protect the idiots ;)).

 

RE: Penalty charge notice XXXXXXXX

 

Dear Sir/madam,

 

Further to my telephone conversation today with xxxx, at xxxxpm.

 

I received an enforcement notice on 12/01/07 for an alleged contravention of being in a bus lane in xxxxx (xx) on xx/xx/xxat xxxxxam.

I was advised by xxxx at your offices that I had been sent a penalty charge notice which contained photographs for the alleged contravention on xx/xx/xx.and again on xx/xx/xx.

I did not receive either of these penalty charge notices & photographs, the first I knew of this alleged contravention was this enforcement notice that I received on Friday.

 

I can tell you that the above alleged contravention could not possibly have been made by myself, or my car as I was at a function in xxxxxxx at the time. I can obtain verification from the hotel in which I was staying during this time.

They will also verify that my car was in my possession because they record details of all cars that use their private parking facilities.

 

Please advise how we can resolve this matter.

 

Yours sincerely

They then replied with what looked like a standard letter saying that having considered the facts surrounding this case, they are not satisfied with the evidence provided (I never sent any evidence). They placed my case on hold for 14 days & demanded that I send a copy of my log book, 2 photos of my car front & back and any other evidence to prove where my car & I were at the time of the alleged contravention.

I could have sent these plus I also now have a copy of a printout of the hotel car park records to show that my car was in their car park, but I was so angy, I sent them the following letter first.

 

RE: Penalty charge notice XXXXXXX

 

Dear Sir/madam,

 

I am writing in response to your recent correspondence regarding the above penalty charge notice, a copy of which is attached.

 

You stated in your letter that you are not satisfied with the evidence that I had provided. I didn’t actually send any evidence, I simply told you that it could not have been my car because I was not in XXXXX at the time of the alleged contravention.

 

I have still not received any evidence whatsoever from you in relation to this allegation. If you could send me some photographs and any other evidence you have, I will be happy to supply you with photographs of my car, my V5 certificate and records from the hotel parking services where my car was parked at the time of this alleged contravention.

 

I reserve the right to charge you for my time & costs in dealing with this matter.

 

Yours sincerely

Today I letter titled Notice of Rejection of Representations

 

 

Its a rather long letter, but it basically states that my grounds for representation against the penalty charge have been carefully considered & rejected by the council. They now give me 28 days to either pay the charge or appeal to Parking & Traffic Appeals Service for my case to be heard by an independent parking adjudicator. A form was enclosed. Failure to pay or appeal will increase the charge by a further 50%. They said that the adjudicator may award costs to either party if he considers that the other has acted in a vexatious or frivolous manner, although the awarding of costs is not normal practice.

 

Now I am really pxxxxx off . I will now fill in the form & I may even have to attend a hearing.

Sorry for the long post, but what can I do? Surely they can't just send penalty notices out with NO evidence & put innocent people through all this trouble & not have to compensate them for all the time & trouble.

Any help appreciated.

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Who has issued this penalty notice? It must be either a local authority or Transport for Lefties, sorry, Transport for London.

 

As they are not using any common sense it seems the only option is to go for a PATAS appeal. You have evidence from the hotel that your car was 60 miles from where the contravention has occured so that is in your favour. What I suggest you do is to chase up the photos of your car as there is always the possibility that they may have read your registration incorrectly. Once you have the photos you can then see if it is the same colour and make and model as your own. You will then need to report this to police so they can put an information report on to the police national computer.

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It is Ealing Council Parking "Services"

I have asked them twice for the photos that they have, but all I got is these standard letters. They have not once addressed my request for proof. I will write & ask for them again. Should I send them the evidence to prove where I was? Out of principle, I don't think I should until they send me their photographs, but I will if it saves hassle. I also want to charge them for my time & expenses. This has taken a fair bit of my time to deal with & all they keep doing is telling me that they don't accept my evidence so pay up or we'll take it further.

 

The form enclosed with this letter is a PATAS form so I guess I just fill this in & send it off?

 

Thanks for the reply.

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I would immeditaely report to the police that your car may have been cloned.

 

If this is the case, it may save you further trouble and help get bus lane people off your back. If it hasn't been cloned and the bus lane people are just being morons, hopefully it will still help get them off your back by forcing them to come up with some photos etc.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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You will need to complete the PATAS form and send it in as Ealing are playing silly buggers. It might be worth getting in touch with this fellow:-

 

Money Box Junction

 

His speciality is box junctions but he has experience of dealing with local authorities and TfL.

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