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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 
      • 81 replies
    • 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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OPS ANPR PCN Claimform - 17mins stay - VANTAGE POINT, BRIGHTON, BN1 4GW,


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Hello, I was suitably disgruntled when I received the attached NTK from the notorious OPS who I see have been taking people for disproportionate sums of money for several years especially in and around the Brighton area.

 

On this occasion I used their facility to safely unload and load a bike to the nearby cycle store which took longer than it need to due to COVID distancing measures meaning I needed to queue and adhere to one customer in the shop rules in order to complete the handover,

 

What should have taken 5 mins turned into 17 mins. I can understand that they are doing their job and if you blatantly use a facility for longer term parking purposes and don't pay then a fine is probably appropriate but this seems excessive and has prompted me to join this forum and ask for any help to counter the charge. Thanks in advance. Form completed below and NTK uploaded

 

For PCN's received through the post [ANPR camera capture]

(must be received within 14 days from the Incident)

 

Please answer the following questions.

 

1 Date of the infringement 14/04/21
 

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22/04/21

 

3 Date received 24/04/21
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] YES

 

5 Is there any photographic evidence of the event? CAMERA SHOTS OF ARRIVAL AND LEAVING
 

6 Have you appealed? [Y/N?] post up your appeal] NO

 

7 Who is the PARKING company? ONE PARKING SOLUTION

 

8. Where exactly [carpark name and town] VANTAGE POINT, BRIGHTON, BN1 4GW
 

For either option, does it say which appeals body they operate under. Cant see that if references either of the 2 options you indicated but it does mention POPLA

In either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY

please do not put JPG Picture files into your post

 

 

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  • dx100uk changed the title to OPS ANPR PCN - 17mins stay - VANTAGE POINT, BRIGHTON, BN1 4GW,

dx100uk, Thanks for your feedback,  Didn't notice the reference numbers in multiple places, Hopefully I have redacted all of them in the attached version?

 

understand that your advice is not to appeal,

 

Look forward to your ideas to resolve

 

Thanks again

 

 

2021-04-22 OPS PCN-NTK.pdf

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appeals don't work, I guessed as much as you are really only asking for lenience or some compassion to the specific circumstance and I assume their stock answer is to hide be their rules stated on the notices in the car park.

 

They indicate in the event of non payment it 'may' result in enforcement action which many include debt recovery or court proceedings. I don't fancy the idea of debt collectors at the door or court proceedings damaging my credit scores etc.

 

When you say wait and see, what are the likely or typical outcomes in these cases, I assume the charge will rise to at least the £100 they state plus additional costs

Thanks

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  • 5 weeks later...

Hello All, Thanks for your input so far

Having followed your collective advice to do nothing, Today I received a final demand in the post for £100 from OPS. I imagine you have seen these letters before which essentially says it needs to be paid within 14 days or they may pass the debt to a solicitor for legal action and possible additional costs

What's your advice as to my next move ?

Thanks in advance

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OK, I'll get some photos and upload them

I've had a look at the council planning application website and cannot find any application's either current or historic for signs using the name or postcode of the car park- I take it that's a good thing 

 

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Appreciate your quick review and feedback, Yes the entrance sign is the last one in the file.  it does indeed appear that there is a disparity with the pay point signs and others.

 

Totally agree that  the suggestion that users should consult the internet before complying is an unreasonable expectation.

 

Do these facts as well as the font size all go towards building sufficient defence and therefore rejection of the claimed charge?

 

Thanks in advance

 

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  • 3 weeks later...

Hello All, I did wonder if I'd seen the last of this claim but not to disappoint, the saga continues with seeming escalation to a debt recovery company ZZPS- Letter attached, As it does not state a Letter Before Claim/Letter Before Action. Do I assume the advice is to continue to ignore it ?

Thanks in advance as always

 

Not that we are serial non paying parkers, but my wife has received another parking ticket from a doctors surgery which she took to be the car park for the clinic she was visiting next door to it, I'll post this on another thread

 

2021-06-14 ZZPS.pdf

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  • 2 weeks later...

Hi All,,

Just for completeness I noticed when driving past this car park the other day some additional signs at the entrance- attached for your review, -

 

A banner above the entrance and a just park sign some way off to the left of the entrance  

Don't think it changes much and as previously stated no planning permission could be located for any signs or cameras

 

Vantage point entrance Brighton.pdf

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  • 1 month later...
  • 2 months later...

Hello folks,

Its been a while since any comms on this topic and I was wondering if we might have seen the last of it but maybe they just had the summer off or had been struck down by Covid ?

 

 I attach 2 files showing what appear to be the same ‘Final Demand’ letter, I posted about receipt of the first one back in May but didn’t attach a copy of the letter.

 

See the other file which as I said ,looks to be the exact same letter but 6 months after the first, They got the issue date wrong on the first letter and seem to have changed that on this latest letter.

 

I know the advice is still not to react in any way but is this normal that after already sending the original letter and then following up with multiple ZZPS and QDR letters and escalating costs claims that they circle back around to the beginning of the process?? Has this approach been seen before

 

Thanks in advance and keep up the good work

 

2021-05-24 OPS Final Demand.pdf 2021-10-28 OPS Final Demand.pdf

Edited by dx100uk
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HI FTM Dave,

Thanks for your comment and scrutiny, Yes only 1 ticket in question

- I parked on double yellows or a bus stop if I ever need to go to the bike shop again

 

- So much for trying to do the right thing as I did on the occasion that led to this issue

- the PCN number on both letters is the same and consistent with all other correspondence,

 

The date on the earliest letter-  14th was the date of the event and the 22nd is the date they sent the original NTK

Edited by dx100uk
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  • 1 month later...

Further correspondence on this matter, 2 letters from DCBL who say they have been instructed to collect the charge. So its gone from OPS to QDR to ZZPS, back to OPS and now to DCBL?? Are they just letterheads spat out from the same printer and overall company ? 

 

2021-11-19 DCBL DCA.pdf

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  • 4 weeks later...
  • 4 weeks later...

Hello, I Received another letter today from DCBL titled 'Notice of intended legal action' Should I take this as the equivalent of a LBA or LBC and prepare a snotty letter first line of response or maintain silence??

 

It states "we have now referred the matter to our client to review commencing legal action"

 

I'll upload it in the next days but compared to the LBC I received for another case , it doesn't indicate that I need to respond within 30 days or include a response pack with how to pay etc. The other case is with Parking eye and I assume not all companies take the same approach

 

Appreciate your valued advice/ guidance

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Thanks so much for your replies guys, Much appreciated and kicks it down the road a but further.

I think it was the way they titled the letter that made me doubt myself.

 

I imagine many others have lost their bottle at this stage and paid up which is why they keep on with the harassment tactics! I've lost count of how any letters I've received from various parties regarding this issue and just when I think they've given up another one lands on the door mat,

 

I hope it follows the same pattern as you have experienced Zydeco and these companies cease their parasitic activities!!

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  • 2 weeks later...
  • 2 months later...

Thanks Dave, Wow- Yes Point 9, does spell it our quite clearly but I guess this process started before the official ruling,  I assume its not advisable mentioning that in the letter as it makes even more of a mockery of the claim if they ever did really take it forward

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How's about this for a starter- Too much detail ??

 

Many thanks for your LOC.  I rolled around on the floor in mirth at the idea you actually thought I'd take it seriously and cough up.

 

I was not parked but loading at the time referred to in your punitive claim, which was a protracted process due to the COVID restrictions in force at the time. You might have been aware that there was a pandemic ravaging the globe and while lots of businesses went under and most councils showed leniency in charges and rules, you and your parasite peers seem to have ramped up your activities in pursuit of unsuspecting members of the public during a period of high stress and suffering.

 

Now you know and I know and now you know that I know all the reasons why your set up at Vantage Point is complete pants. In fact it should be renamed ‘taking ad-vantage point’

 

Regarding the £70 Unicorn Food Tax, here is some homework for you and your greedy clients.  Go and look up Point 9 of the government's Code of Practice.  Good luck getting away with that one in front of a judge!

 

You can either drop this foolishness now or get a complete hammering in court, the choice is yours.  If you continue I will of course enjoy obtaining an unreasonable costs order against you under CPR 27.14(2)(g) and spending the dosh on a nice foreign while all the time having a great laugh at your expense.

 

I look forward to your deafening silence.

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Thanks as always for your helpful comments folks, Understand the fine line approach and whilst a valid point I agree the POFA aspects are best kept in our pocket for future use if needed- I think yuo were referring to Posts 58 & 59 FTM Dave, On my feed I make this one number 62. Captured  the addition of holiday and copy to OPS ,so for completeness, Here's where I've got to:

 

Letter of Claim dated 25th April 2022

 

Many thanks for your LOC.  I rolled around on the floor in mirth at the idea you actually thought I'd take it seriously and cough up.

 

I was not parked but loading at the time referred to in your punitive claim, which was a protracted process due to the COVID restrictions in force at the time. You might have been aware that there was a pandemic ravaging the globe and while lots of businesses went under and most councils showed leniency in charges and rules, you and your parasite peers seem to have ramped up your activities in pursuit of unsuspecting members of the public during a period of high stress and human suffering.

 

Now you know and I know and now you know that I know all the reasons why your set up at Vantage Point is complete pants. In fact it should be renamed ‘taking ad-vantage point’

 

Regarding the £70 Unicorn Food Tax, here is some homework for you and your greedy clients.  Go and look up Point 9 of the government's Code of Practice.  Good luck getting away with that one in front of a judge!

 

You can either drop this foolishness now or get a complete hammering in court, the choice is yours.  If you continue I will of course enjoy obtaining an unreasonable costs order against you under CPR 27.14(2)(g) and spending the dosh on a nice foreign holiday while all the time having a great laugh at your expense.

 

I look forward to your deafening silence.

 

 

COPIED TO ONE PARKING SOLUTION

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