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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
      • 161 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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UK CPS Parking charge in Hull - intended appeal


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Now you send a written appeal to UKCPS as keeper, denying all liability for the debt. Put them to strict photograhic proof that the driver left the site on the day in question. Of course they won't be able to provide this. Make it clear that you are expecting a POPLA code to be provided should they not accept the appeal. Send back via recorded delivery and wait for their next move.

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opde: I would go with;

 

As the registered keeper of the vehicle bearing the registration XXXX XXX I am in receipt of your Notice to Keeper (NTK) reference number XXXXXXX dated XX/XX/2014. As registered keeper I wish to invoke your appeals process, as any and all liability to your company is denied on the following grounds;

 

The driver on the day in question has no recollection of leaving the site.

 

In any event, a person leaving the site would not be a valid reason for issuing an invoice for punitive losses, as held by Vehicle Control Services vs Ibbotson (Heard by District Judge McIlwaine - Scunthorpe County Court on 16th May 2012 - Ref: 1SE09849)

 

Additionally, since your NTK does not contain any photographic evidence of the alleged infraction, as prescribed under schedule 4, paragraph 10 of the Protection of Freedoms Act 2012, this ticket should be cancelled immediately.

 

These points and others will be raised with POPLA should you not accept this appeal.

 

Please confirm your cancellation of this ticket within 35 days of this letter, or provide a POPLA verification code.

 

Fill in the gaps, Sign it off with your name and signature, set it out as a formal letter etc. Get free proof of postage from the post office in case they claim not to receive it. If they've got any sense they'll drop it there, as they know they'll get spanked at POPLA.

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