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    • The incident was 03rd March 2024 - and that was the only letter that I have received from MET 15th April 2024 The charge I paid was at the Stansted Airport exit gate (No real relevance now - I thought this charge was for that!!).   Here is the content of email to them (Yes I know I said I was the driver !!!!) as said above -  I thought this charge was for that!! "Stansted Airport" Dear “To whom it may concern” My name is ??  PCN:  ?? Veh Reg: Date of Incident: 03rd March 2024 I have just received a parking charge final reminder letter, dated 10th April 2024 - for an overstay.  This is the first to my knowledge of any overstay. I am aware that I am out of the 28 days, I don’t mean to be rude, this feels like it is a scam My movements on this day in question are, I pulled into what looked like a service station on my way to pick my daughter and family up from Stansted airport. The reason for me pulling into this area was to use a toilet, so I found Starbucks, and when into there, after the above, I then purchased a coffee. After which I then continued with my journey to pick my daughter up. (however after I sent this email I remember that Starbucks was closed so I then I walked over to Macdonalds) There was no signs about parking or any tickets machines to explains about the parking rules. Once at Stansted, I entered and then paid on exit.  So Im not show where I overstayed my welcome.. With gratitude    
    • Just to enlarge on Dave's great rundown of your case under Penalty. In the oft quoted case often seen on PCNs,  viz PE v Beavis while to Judges said there was a case for claiming that £100 was a penalty, this was overruled in this case because PE had a legitimate interest in keeping the car park free for other motorists which outweighed the penalty. Here there is no legitimate interest since the premises were closed. Therefore the charge is a penalty and the case should be thrown out for that reason alone.   The Appeals dept need informing about what and what isn't a valid PCN. Dummies. You should also mention that you were unable to pay by Iphone as there was no internet connection and there was a long  queue to pay on a very busy day . There was no facility for us to pay from the time of our arrival only the time from when we paid at the machine so we felt that was a bit of a scam since we were not parked until we paid. On top of that we had two children to load and unload in the car which should be taken into account since Consideration periods and Grace periods are minimum time. If you weren't the driver and PoFA isn't compliant you are off scot free since only the driver is liable and they are saying it was you. 
    • Thank you dx. I consider myself well and truly told :) x Thank you dx. I consider myself well and truly told :) x
    • Doubt the uneconomic write off would be registered, unless you agreed to accept write off settlement of the claim. It is just cosmetic damage. All that has happened, is that the car has been looked at and they realised the repair costs are going to exceed the value of the car. If the car is perfectly driveable with no upcoming normal work required to pass next MOT, your current Insurers will continue Insurance and you can accept an amount from third party Insurers to go towards you repairing the scratched bodywork.    
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Amazon Marketplace - Ordered One item but sent two in error


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I ordered an electrical item from amazon marketplace (about £35) and the company has sent me two in error in separate packages. Both were delivered by recorded delivery, however as I ordered a few items from a few companies on the same day I didn't realise it was a duplicate item. I have definately only been charged for one.

What are my responsibilities as a consumer in terms of accepting and or notifying the company of the error. Can I just accept it as a "gift" or do I have to notify them? The right thing would obviously to declare it, but I don't feel I should spend the time needed to package it back up and or paying for its return.

 

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You have to notify them of the error and allow them to arrange for it to be collected at their expense. I'm not sure whether they are allowed to ask you to take it to the post office, but if they do they must pre-pay the postage.

 

I think keeping it without informing them is theft.

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I thought so too Ecossewarrior :) , but didn't know where I stood legally. Just a small point it's not Amazon itself, but an independent company who sells through amazon

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Bed 32 is correct - you've not paid for them, so keeping therm is theft. Your duty is to inform them of their error and assist in the return of the goods at their expense. If they choose not to, then you can do what you want with them.

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If you hadn't ordered anything from them and it had just turned up out of the blue, then it would be 'unsolicited goods' and you could then consider it a gift as long as they didn't contact you about it within a reasonable time. However, as you have ordered something from them and it is very obviously a mistake, the goods are not classed as unsolicited and you have to give them back. However, you should not be charged for doing so - make sure you get a free courier or a prepaid box from them.

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Thanks for that - the company has asked me to send it back (I'm negotiating with them re payment for P&P based on demon x slash's advice, and they are offering to refund postage on my original order. Awaiting their reply.

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I had a similar situation with ebay. Ordered item, arrived, no problems.

2 weeks later duplicate item arrives out of the blue. I have emailed the seller to tell them it's here but had no reply.

 

How long should I wait before getting rid of it?

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No, because it has been established that you have a relationship with the seller by ordering things from them before. The fact that the two items are identical supports the reasoning that this was a mistake, but a mistake does not make it unsolicited. See this thread, and the subsequent comments.

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