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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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      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.  

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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.

      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.
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      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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Revoked my licence on medical grounds/ appeal help plz


wulliamwallace
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Hi, At the start of last year i was attacked trying to stop a gang from stealing my car, the assault left me with a serious head injury including a subachranoid brain haemorrhage, after a few months i started driving again with no problems on that side at all also ive had no siezures or fits since the assault.

I was told by my gp i was ok to drive but my neuro pyscholigist pressured me into telling dvla as it was her duty to do so also.

So i informed the dvla and was told to resit my cat b driving test, which i did and failed, reasons going to slow through country roads (national speed limit) and hesitating at roundabouts, these i admit were silly fails as roadworks at start of country put me off and i decided to play safe at 30 mph, same with roundabouts had a moment where i stopped instead of going straight through. The nerves and dependency of my licence got to me.

Anyways i now have recieved a letter revoking my licence, i have to apply for a provisional disability licence and then re-apply in 3 months with medical backup and lessons, or appeal and take them to a sheriff court within 21 days, they have not explained the appeal procedure and when i asked for exact reasons for revoke she said "sorry i cant read the writing".

 

Can someone please tell me what my rights are and what shall i do ? Is there a chance ill win against them at court ?

 

I need my car to get around as the attack has left me traumatized and afraid to use public transport.

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I'm assuming you live in Scotland? I've only been present in court where a similar case, and the DVLA didn't turn up the case was abandoned and the DVLA ordered to restore the licence.

 

Apart from that, I can't offer any other insights - other than don't expect to represent yourself in court and win. You need someone who knows the rules to fight your side, as if the solicitor acting for the DVLA actually turned up, the pursuer would most likely have lost.

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It's a shame they cannot provide representation - you don't have any legal cover within your House Insurance policy? A Scottish-based motoring solicitor would know all the wrinkles, and could help in preventing a needless additional expense of sitting the test again - but you have to appreciate that for things like blackouts and/or loss of concentration it is vital to medical support. Another factor to remember is under the disclosure rules, you may find your insurance premiums may go through the roof, irrespective of whether your licence is ultimately affected.

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  • 2 years later...

thread closed

 

3 years old

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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