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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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4 year old told she was breaking the law by riding her bike on the footpath !


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Cop Threatens To Take Four-Year-Old's Bike For Riding On Footpath

 

 

The parents of a four-year-old were shocked when a policeman threatened to confiscate their daughter’s bike as she was riding on the pavement.

 

On Monday morning Sophie Lindley, 4, was riding her bike with stabilisers on a lead held by her father Dale, as they made their way along Trent Road as they regularly do on the journey from their home on Wilks Road to The West Grantham Academy St John’s.

 

Mr Lindley said: “A police car pulled over and told me she had to get off her bike as it is against the law to ride on the footpath.

 

“He then drove off but said he’d be checking his mirrors, and if he saw her riding the bike again he would confiscate it.”

 

Full story.... http://www.granthamjournal.co.uk/news/local/cop-threatens-to-take-four-year-old-s-bike-in-grantham-1-6618917

 

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What a jumped up sh**e. Shame they didn't get his name or number. I would still raise a formal complaint with the police.

 

As the child was under 10, they could not be held criminally liable and if the cop confiscated the bike, that may be classed as theft.

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THEY ARE NO POLICE THEY ARE POLICY ENFORCERS !!

 

Feed the story to the press !!

 

My apologies, I forgot to post up the link as well - Story from Grantham Journal and on BBC Look North.

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  • 5 months later...

While adults are not allowed to cycle on ‘footways’ children up to the age of 16 cannot be prosecuted for doing so.

 

The maximum fine for ‘cycling on the pavement’ is £500. However it is more usually enforced by way of the Fixed Penalty Notice procedure (FPN) which carries a £30 fine if pleading guilty and you have to be over 16 to receive a FPN.

The law applies to all but the police can show discretion to younger children cycling on the pavement for whom cycling on the road would not be a safe option.

 

The age of criminal responsibility is 10 so, technically, only children below this age can cycle on footways without fear of redress.

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And people actually believe this Garbage??

 

Jeremy Kyle anyone??

 

This is as bad as the Daily Mail reporting standards, slow day at the office was it??

 

 

Sounds like it was you who had the bad day in the office. I was merely pointing out that since she was under 10 she was not committing an offece as she was below the age of criminal responsibility! Also since she was under 16 she could not be given a FPN for cycling on the pavement as a FPN cannot be given to anyone under the age of 16. So technically although she was committing an offence of cycling on the pavent she was not in the wrong as she was below the age when anything could be done about it by the police and they should "have turned a blind eye" to the offence as they could not prosecute her anyway.

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If you wish to get technical the parent could have been given the FPN for allowing a child to act in an anti social capacity of riding on the pavement through their own actions. It is called causation

 

Not really relevant but the last Government done away with the doli incapax doctrine

 

This story is pure hogwash anyway, even Lincolnshire police have gone on record saying they are unable to locate any constables in that area and time of day

 

Some people will believe anything

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I have to say that the police farce (sic) are pretty hopeless nowadays, only interested in catching speeding motorists. When I was a child any accident I had on my bike was ALWAYS on the pavement, and never on the road. However it sounds like this officer had too much time on his hands!

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A FPN for allowing their child for riding on the pavement? Not possible. Wish it was, then parents s who let their kids run riot, terrorise neighbourhoods and destroy property, would be held accountable.

 

As for children undet 10, the presumption is rebuttable. Not quite the same as doing away with the doctrine.

 

Police have no record of the incident? Yep, the police always tell the truth don't they.

 

 

If you wish to get technical the parent could have been given the FPN for allowing a child to act in an anti social capacity of riding on the pavement through their own actions. It is called causation

 

Not really relevant but the last Government done away with the doli incapax doctrine

 

This story is pure hogwash anyway, even Lincolnshire police have gone on record saying they are unable to locate any constables in that area and time of day

 

Some people will believe anything

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Is there a point to this thread ?

 

Wish i could turn back the clock !

 

The world has become so petty minded. Apparently some parents prefer their kids playing computer games for hours, than going out on their bikes, playing football in the park or enjoying social actvities with their friends. They see kids being inside all day as being the safer option.

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