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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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OPC Threatening Letters - Please help!


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Hi All

 

I have spent considerable time reading other peoples excellent threads on the issue of private parking companies issuing unlawful tickets.

 

I have had 3 tickets from OPC for parking outside my house late at night (10pm) or early in the morning (6am!) when i have left my car in the shared courtyard, as I am a female living on my own and came home late on several occassions. I pay to park my car at a mechanics garage across the road but its up a dark lane. I always move my car early in the morning and it never obstructs anyone else.

 

I have written letters to OPC based on the advice here telling them I am not paying, referring to the law of contract, to the harrasment act aetc etc, but have had a letter back for the first ticket IGNORING my appeal and saying they will pass to a debt collector. I have now written a second letter asking them to refer to my first letter. Am i going about this the right way? I am quite worried that im going to end up having to pay 3 x £100 tickets plus legal costs! Are they just trying to scare me?

 

Help!

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ce2, Start a thread on our parking ticket forum. Where you will find alot of help and advice. Good luck. Click on link.http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Are they just trying to scare me?

 

In a word, YES.

 

If they refer it to a DCA, who are they going to say has broken the contract? All they have is the registered keeper - who need not be the driver.

 

My car is registered against my limited company. I once got a ticket "violation" letter addressed to "Dear Mr Lxxxx Limited", you were observed parking ..."

 

How can a Limited Company manage to physically park a car???

On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Read anything I write with the above in mind.

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In a word, YES.

 

If they refer it to a DCA, who are they going to say has broken the contract? All they have is the registered keeper - who need not be the driver.

 

My car is registered against my limited company. I once got a ticket "violation" letter addressed to "Dear Mr Lxxxx Limited", you were observed parking ..."

 

How can a Limited Company manage to physically park a car???

 

Ah so what you are saying is coz your vehicle is registered to a company you are exempt,why should you not be penalised everyone else has to pay what's so different about you

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CE2,

 

You state that you parked the car in a shared courtyard, what are the rights of parking there. As a resident, do you not have a right to park ?

 

If not, what are the parking rules ? Are there signs etc displayed ?

:p :p If my advice as been of help, please give me a quick click on the scales to your right ;) ;) :)
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The ltd company is a legal entity in it's own right and is therefore liable for parking offences concerning their vehicles. The ticket is issued against a vehicle, the reg keeper of the vehicle is your company. If it was a leased vehicle it would be issued againt the leasing company who would inturn, issue the parking ticket to you along with admin costs. Hope this clears this one up for you esio.

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However, it is implied that the company concerned was a private one, and therefore no offence was committed. It was a civil matter, and only persuable with the driver, and therefore issuing the 'ticket' (or invoice) against "Mr XXX Ltd." as the registered keeper in this example, is, indeed, laughable :)

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

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My understanding is below in red.

 

In a word, YES.

 

If they refer it to a DCA, who are they going to say has broken the contract? All they have is the registered keeper - who need not be the driver.

 

My car is registered against my limited company. I don't see any mention of it being privately registred, sorry to be a stickler on this one I once got a ticket "violation" letter addressed to "Dear Mr Lxxxx Limited", you were observed parking ..."

 

How can a Limited Company manage to physically park a car???

 

It would be upto the Ltd company to find out who was driving the vehicle at the time of the offence and make them pay the ticket.

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No, the parking company was implied to have been a private one.

 

All they have is the registered keeper - who need not be the driver.

 

And the Ltd. company must do nothing. It is a civil matter, as I said, and therefore the burden of proof is on the private parking company to not only point out the driver, but to prove an agreement to signs and a violation of those signs - and then, they are only entitled to genuine loss. You know this. You've been on this site for more than three months now :)

-----

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

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No, the parking company was implied to have been a private one.

 

 

 

And the Ltd. company must do nothing. It is a civil matter, as I said, and therefore the burden of proof is on the private parking company to not only point out the driver, but to prove an agreement to signs and a violation of those signs - and then, they are only entitled to genuine loss. You know this. You've been on this site for more than three months now :)

Have I Lol, this is becoming an addiction!

 

 

Crossed wires on this one I think. I thought the reference to private was relating to the registered keeper and thus the confusion with ltd company etc.

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  • 3 weeks later...

Hi everyone,

 

I have had a reply to my appeal essentially saying if i dont tell them who the driver is they will take me to court to tell them. They have given me one more chance to pay the reduced rate (50 per ticket) but i dont really know what to reply next......can anyone advise please?

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You have no legal obligation to reveal that. The burden of proof is on them as they are the ones 'bringing the action' (though they won't), and it is therefore down to them to prove who the driver was.

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

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the interesting thing is, who were the threatening letters addressed to?-were they actually useing your name?-----if you hadnt replied,(assuming they wernt sent recorded delivery) you could just deny any knowledge of any letters, but once you respond they go for you.

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You don't need to get it overturned, and you don't need to appeal it - the only way they can enforce it is to take you to the civil Small Claims Court, and then they have to prove that you were the driver, you read the sign, entered into the contract, agreed to be bound by its terms, and then breached the terms. Even after having to prove all that, htey are only allowed to charge their actual loss, not a random £30-£60, £80-£120... The registered keeper is not liable for the ticket, the driver is, and you as the Registered Keeper have no legal obligation to reveal who the driver was that day.

-----

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

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Hi everyone,

 

I have had a reply to my appeal essentially saying if i dont tell them who the driver is they will take me to court to tell them. They have given me one more chance to pay the reduced rate (50 per ticket) but i dont really know what to reply next......can anyone advise please?

 

Silence is Golden.

 

Don't even waste the price of a stamp. You have done more than you need already.

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

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