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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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TfL Byelaw 17 - Enter a Compulsory Ticket Area


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Byelaw 28 of the TfL Byelaws (which defines the terms used in the other Byelaws) defines a compulsory ticket area as "any part of the railway identified by a notice stating that no person may enter there without being in possession of a valid ticket" and the railway as "(a) the railways and railway premises of Transport for London and any of its subsidiaries including any train, other vehicle, station, depot, track and any associated equipment; and (b) any train, or other vehicle and any associated equipment which is for the time being used by a person or body for the purposes of providing railway services under an agreement with Transport for London or any of its subsidiaries".

 

Is Barking station a "railway premises of Transport for London and any of its subsidiaries"? In my opinion it is not. It is operated by c2c and is the property of Network Rail.

 

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Kaykay,

 

You have come looking for advice on a matter. You have received free advice from a range of people. The advice did not support your point of view.

 

We are not going to turn around and say "you know, actually you're right and the charge should be dismissed". We can't. It would be irresponsible and wrong.

 

Attacking the people who give freely of their time and energy, casting aspersions and suggesting that we would not have been quite so free of our time had you mentioned the defendant's race in the beginning... that is at best ungracious and at worst a good way of alienating people.

 

Please, take a moment to reread your posts and see why many of us are offended. If you can't, please ask a neutral friend's opinion.

 

Then, if you find there is a question you have which we have not given an answer to, please state or restate it and I will try to help you. But bickering about whether X person was rude in Y post or didn't answer question P in post Q is at best going to get the thread ignored or closed by the mods.

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