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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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Horizon PCN - 5 mins stay in parent/child bay - Tesco extra Hamilton Leicester - Final Reminder Letter Only


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No don't write to Horizon telling them that you did not receive the first PCN. They already know.

But do send them an sar .

 

That way  you should find out where the original PCN went and we can see if it was compliant.

 

After  you have received the original PCN then it would be a good idea to write to Tesco.

 

Hopefully Horizon will have made mistakes on the PCN which might help Tesco to cancel the ticket

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  • dx100uk changed the title to Horizon PCN - 5 mins stay in parent/child bay - Tesco extra Hamilton Leicester - Final Reminder Letter Only

 

Lots of uncertainties about whether to contact Horizon for an sar or Tesco. 

 

My suggestion to contact Tesco was after finding out if the original PCN was non compliant.  Most of the ones I have checked in the past have been for several different reasons. That means that the liability for the alleged debt cannot be transferred to the keeper.

 

Once it is confirmed that the PCN is non compliant the OP can write to Tesco as the keeper pointing out that as the keeper he has no responsibility for the debt and has been denied the facility of appealing to POPLA because of the NTK not being received  at all. POPLA may well have cancelled on appeal because of no keeper liability. 

 

In addition  the stoppage in the car park was for less than the consideration period. The keeper could then add if it was true, that the driver was an infrequent patron of this particular car park and the keeper will ensure that a similar occurrence does not happen in the future.

 

One could point out that if the camera operator had thought that they had not observed any children in the car, from the Court's point of view they would have expected the operator to have attempted to mitigate the situation by explaining to the driver that they should either move the car to avoid a ticket or explain where the children were [ref. Jopson v Homeguard].

 

Then perhaps it could have  been explained that the wife and children were dropped off at the entrance or the children and their mother were already in the store and the driver was there to collect them.

 

[They should also have issued a windscreen ticket since they were in the vicinity but of course that would have meant that they would have had to wait several weeks longer to be paid. It is a practice frowned upon but overused by greedy  car parking companies].

 

The above paragraph obviates the need to  admit parking wrongly and suggesting possible  reasons for parking there without admitting that either scenario actually happened.

 

 

 

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DX  I am not sure what sending an sar to Horizon would alert them to. Obviously if the NTK was sent to the wrong address Horizon would realise why the SAR was sent. But if the NTK was correctly addressed so  then it was either lost in the post or misdirected, Horizon would not know why the sar was called for.

Nevertheless they are duty bound to send the info requested. And as Horizon usually send out non compliant PCNs then the OP need not be so concerned about paying it and only has to prevent Horizon from knowing who was driving.

 

 

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