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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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Parking Eye PCN Claimform - Goodmayes Hospital, IIIford , Goodmayes Hospital, Barley Lane, Ilford , IG3 8XJ


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What dx is trying to tell you is that the sticky you filled in to tell us about the court claim has a suggested defence with six points in it. You need to read further down to find it and make sure it fits your circumstances.

The stuff you've written above is more for a witness statement.

HB

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Illegitimi non carborundum

 

 

 

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  • 4 weeks later...

I'm afraid the best thing to happen next is for you to read other threads by people who've already gone to court against PPCs. It's important to understand the process, so I would suggest reading in our PPC Successes subforum, any cases that have been to court, starting with the most recent ones.

HB

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Illegitimi non carborundum

 

 

 

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These companies are acting within the law as it stands. Once your parking case/s are over, you could consider starting a campaign.

I just noticed this thread by someone called Reapstar, from 2018. So you already have more experience of a PPC court case than I do.

HB

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  • 2 weeks later...
  • dx100uk changed the title to Parking Eye PCN Claimform - Goodmayes Hospital, IIIford , Goodmayes Hospital, Barley Lane, Ilford , IG3 8XJ
  • 2 weeks later...

Thank you Bazza. :)

The thing is, Reapstar, I thought you were getting ready to go abroad for six months or more and wanted to wrap this up, have it sorted before you leave the country and take the pressure off your mum. Feel free to correct me if I've misunderstood.

So do you want to try to get rid of the immediate problem by trying to get them to accept £35? What you're talking about a couple of posts up sounds like hours of work. Maybe you could pursue that later.

You mentioned a few posts back about admitting that you're 'guilty' if you pay. It isn't a criminal issue, so no guilty or innocent finding possible.

HB

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