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Thank you, lookinforinfo. I would like to pursue to the end out of principle moreso than money, although if I can financially punish them, then that's the cherry on top. I think I will write to the ICO and CPM, like you have mentioned in the possible options you gave. Can I ask, do I have a strong legal position? A good chance of winning a GDPR claim? Thanks again -
By lookinforinfo · Posted
Once you get the sar reply you have several choices. Write to the ICO asking for advice/help on pursuing CPM from a legal standpoint And then /or write to CPM pointing out they have breached your GDPR and suggesting a figure of say £750 to avoid going to Court where you understand Courts are applying higher figures. It also prevents CPM from being embarrassed in Court and avoids other motorists getting the idea of pursuing for GDPR breaches. Do nothing. -
By lookinforinfo · Posted
There is one niggle at the back of my mind. I obviously do not know your car registration number but ECP have entered all the reg numbers for the days that your car was there. If they couldn't find yours with one just one number misplaced then either there was a larger error in the number , the Phone app didn't send the money or they further messed up your reg number. It is of course all irrelevant since ECP are pursing the wrong person and whether you paid or not doesn't matter but it maybe you could investigate to prevent it happening in the future. [You could start pouring over the car regs. in their WS to see if you can spot yours]. -
By FruitSalad1010 · Posted
Your claim isn't dead. You can file a new claim using a different cause of action, if you have the appetite. -
all DCA's can ever do............make idle papertiger threats they have no more legal powers than you or i. dx
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Our picks
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If you are buying a used car – you need to read this survival guide.
BankFodder posted a topic in Vehicle retailers and manufacturers,
If you are buying a used car – you need to read this survival guide.-
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- 1 reply
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
ATJ posted a topic in Big Motoring World,
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
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A2Dominion - Housing Association property flooding - damning ombudsman report
WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,
Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299-
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- 162 replies
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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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