Jump to content


  • Tweets

  • Posts

    • I'm trying to unravel this – but I get the impression that there was no contract between you and EVRi and that you didn't even choose them but instead you decided use some third party parcel broker in the USA which organised the delivery. Is this correct? EVRi came into the picture because they would then eventually selected for part of the journey although you had no knowledge that it might be them and I suppose it didn't really matter as long as the item got to you. Secondly, I really don't understand the journey which this item made. You bought the item from somebody in the USA. They then were meant to dispatch it to you to another address in the USA but for some reason or other it came to the UK and then into the hands of EVRi at which point it was lost or stolen. More confusion here because you now tell us that EVRi marked it as being out for delivery but it was never delivered. This suggests that it was going to be delivered to a UK address but earlier on you said that it was going to be delivered to USA address. I think you need to look at the story. Maybe show it to a friend of yours who is not particularly where the details and ask them if they can make head or tail of it and then come back to us with clarification so that we fully understand. Also, I think we'd like to know what the item is, how was it declared, what was the value which was declared. You said it was a valuable item because it was rare and collectable. I gather from this that it is non-fungible. We need to understand more about this. Was an insurance policy purchased to cover it during the delivery process. I understand that this rare and collectable item be valued at £200. Have evidence this value. This could become very important. Also you have given is no idea when this happened. We need to understand the full timescale. There are a number of possibilities here including the possibility of the contract action against EVRi on the basis of your third party rights or an action for negligence but we need to know far more and we need to get a story that makes sense.   Finally, I understand that you have sent the letter of claim. What did it say? How much time did you give them? What did you expect to happen as a result of the letter of claim? Whatever the answers to those questions might be, clearly you had no idea how to proceed after having sent such a letter. A letter of claim is meant to be a serious threat of some legal action if some condition which you have stipulated is not complied with. You set a deadline for compliance and at the end of that deadline you issue the court action. Clearly you are not in a position to do that so your letter of claim is a bluff and undermines your credibility and it will find its way into the EVRi wastepaper basket – if it's not there already.  
    • Good morning. I just wanted to check something please. The other side have moved slightly and negotiated a full and final offer price to end this matter. I am happy with this. However, I want to make sure this is the end of the matter and am emailing the following over to them prior to payment. Is this enough to ensure they can come back for nothing else? Thanks -------------------------------------------------- Dear Sir.   With regards your last email below.   I am pleased to agree to the full and final settlement figure given below.   Can you confirm this payment will be in full and final payment with no further claim to be brought against me in this matter?   Best regards
    • 100% sure I didn't receive it, that why my first post is with the £100 letter.
    • Engine, the technology business Starling Bank was built on, has been busy launching banks around the world, from Romania to Australia.View the full article
    • use this your WS and inc this as an exhibit off to bed now 3 nights been up till 4am aurora watching wont be on too early as it's lambing season out herding with the dog. your WS main thrust is the debt would now be SB'd , the DN was filed xxxyrs+months after it should have been thus unlawfully extending  SB date to infinity. highlight their admittance regarding errors at that time period in your 'redetermination'  paragraph. agreements unreadable. would have already been written off due to SLC age write off criteria has they not issued the claim to stop the SB clock when they had no paperwork to prove their case in the 1st place. never earned over threshold. dx       Erudio - stopped sending email deferments won at FOS DRN-4141462.pdf
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like
  • Recommended Topics

Parking code 27 (dropped kerb)


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4653 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I've been given a ticket for parking in a place I've used off and on for years. It's next to a drop kerb, but one that isn't used as a way in to a garage or driveway. There is a garage door but it is NEVER used to gain access to the road. There is no white line or "NO PARKING' sign anywhere near it.

 

In my street which only has 14 houses, there are 4 dropped kerbs, two of which have white lines.

 

I will challenge the fine.

 

Does anyone have any helpful advice?

Link to post
Share on other sites

Welcome to CAG jrm. :)

 

There are plenty of parking and traffic experts in this forum and someone will be only too glad to help you and offer some useful advice. They are a friendly bunch with plenty of expertise in these areas.

 

Good luck and enjoy CAG. Feel free to have a look throughout the site!!:)

Link to post
Share on other sites

Not whole story from G&M

If it not a dropped kerb for a footway e.g. it as the one you describe, a driveway access. You can park across it provided you have the permission of the landowner (but not for a fee). G&M knows this.

Link to post
Share on other sites

Not whole story from G&M

If it not a dropped kerb for a footway e.g. it as the one you describe, a driveway access. You can park across it provided you have the permission of the landowner (but not for a fee). G&M knows this.

I agree If it is a residential dropped kerb you can park with the owners permission. The idea is to stop attendants ticketing the owner.

Link to post
Share on other sites

I agree If it is a residential dropped kerb you can park with the owners permission. The idea is to stop attendants ticketing the owner.

 

One can probably assume then that the owner had not given permission then, if the Council issued a PCN or maybe you think they just issue to every car on a drop kerb and just hope its never the householder?

Link to post
Share on other sites

One can probably assume then that the owner had not given permission then, if the Council issued a PCN or maybe you think they just issue to every car on a drop kerb and just hope its never the householder?

I cant see the attendant banging on the owners door before issuing.:eek:

Link to post
Share on other sites

Exactly....PCNs are only issued to private driveways upon receiving a complaint. If this was not the case they would be dishing out hundreds of PCNs a day.

ok ,

how would one find out if the ticket was issued due to a complaint and not attendant error ie training issues.

Link to post
Share on other sites

ok ,

how would one find out if the ticket was issued due to a complaint and not attendant error ie training issues.

 

Surely that is a bit obvious? If it was the OPs house or a friends with permission he does not need to know if a complaint has been made since he is exempt so the complaint is irrelevant.

Link to post
Share on other sites

Exactly....PCNs are only issued to private driveways upon receiving a complaint. If this was not the case they would be dishing out hundreds of PCNs a day.

Not a complaint - a request to enforce. Big difference.

Link to post
Share on other sites

It makes no odds he either was entitled to park there or not regardless of any complaint or 'request to enforce'.

so an attendant is within his rights to place a ticket on my car which is parked on or adjacent to my dropped kerb.

Edited by nero12
Link to post
Share on other sites

so an attendant is within his rights to place a ticket on my car which is parked on or adjacent to my dropped kerb.

then the next question would be, whats stopping an attendant issuing a rogue ticket on a single occupancy dropped kerb/driveway in a residential area which is not used and a reqest/compalint has not been made.

Link to post
Share on other sites

so an attendant is within his rights to place a ticket on my car which is parked on or adjacent to my dropped kerb.

 

Yes a PCN can be issued just as a PCN can be issued to any vehicle on a yellow line. Obviously to save dealing with thousands of appeals Councils try to avoid issuing to vehicles that are exempt from the restriction.

Link to post
Share on other sites

then the next question would be, whats stopping an attendant issuing a rogue ticket on a single occupancy dropped kerb/driveway in a residential area which is not used and a reqest/compalint has not been made.

 

It is not a rogue PCN, it is a contravention to park adjacent to a drop kerb so the PCN is issued correctly. If the driver feels he is exempt due to having been granted prior permission to park (or owns the house) then he can appeal.

Link to post
Share on other sites

 

I already stated Council policy was usually to only issue on receipt of a complaint (or 'request to enforce' for the pedantics out there). If a PCN was issued the only defence would be the contravention did not take place ie you had permission, there are no grounds in that the Council was not asked to enforce. The law does not differentiate between different types of drop kerb so for a request to be a requirement of the contravention would not be possible for many types of drop kerb.

Link to post
Share on other sites

Many types ? ?

"The new legislation refers to two different types of dropped kerbs; (a) the enforcement of a dropped kerb where a vehicle is obstructing pedestrian access, (b) the enforcement of a single occupancy driveway for residential premises. However in respect of the single occupancy driveways, enforcement action can only be instigated at the request of the occupier of the premises."

 

And all they have to do is load the PDAs with the correct info so the CEOs know which ones to enforce.

Can't a trained CEO recognise "a single occupancy driveway for residential premises." and then check the relevant information ?

they don't have to tell the time to so this ....

Link to post
Share on other sites

Can't a trained CEO recognise "a single occupancy driveway for residential premises." and then check the relevant information ?

they don't have to tell the time to do this ....

 

Maybe they don't have to be able to tell the time for this one, but they do have to be able to count to at least 2, which for some CEOs may still be a challenge too far. :D

Link to post
Share on other sites

Many types ? ?

"The new legislation refers to two different types of dropped kerbs; (a) the enforcement of a dropped kerb where a vehicle is obstructing pedestrian access, (b) the enforcement of a single occupancy driveway for residential premises. However in respect of the single occupancy driveways, enforcement action can only be instigated at the request of the occupier of the premises."

 

And all they have to do is load the PDAs with the correct info so the CEOs know which ones to enforce.

Can't a trained CEO recognise "a single occupancy driveway for residential premises." and then check the relevant information ?

they don't have to tell the time to so this ....

 

Wrong again I'm afraid any drop kerb can be enforced including multiple occupancy and shared drop kerbs which do not require any form of request or complaint. I dont know what 'relevant information' you refer to but probably not relevant since you do not understand the law anyway.

Link to post
Share on other sites

Wrong again I'm afraid any drop kerb can be enforced including multiple occupancy and shared drop kerbs which do not require any form of request or complaint. I dont know what 'relevant information' you refer to but probably not relevant since you do not understand the law anyway.

where is the rule that requires an attendant to enforce a dropped kerb serving my own driveway?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...