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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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      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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Break-clause confusion with commercial lease


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I'd be very grateful if someone could take a look at these two pages from a commercial lease. I want to exit the property and was under the impression from the solicitor that I had 18-month break clauses. However, he has just informed me that the earliest I can exit is July 2010. According to his cover letter (attached to the lease) he states that I am free to leave at end of each 18-month period. I'm very confused. Where would I stand legally if I wanted to get out? I doubt I can afford the rent from Jan - July, so last resort is voluntary bankruptcy.

Pollard letter 1.jpg

Lease page 14.jpg

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Difficult to be sure w/o the covering letter and as you've only posted part of the break clause but the break dates are 31 July 2008, 2010 and 2012 provided you comply with the preconditions, the main one being the giving of the requisite notice. You clearly can't now give notice in advance of 31 July 2008 so the next opportunity to determine by using that clause is July '10.

What is the overall term of the lease?

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Ok I've blacked out the personal info parts of the Lease Cover Letter. It was verbally explained to me by the lawyer that the contract had 18 month break clauses and the letter implied this. Only now did the owner tell me that the 18 month break clause mentioned in the below letter was applicable only for the FIRST period of 18 months after the contract was signed - certainly not mentioned in the lease itself. Any references to the break clause were only present on the two attached pages. I've love to know if I have a case to exit the property as per the term within the cover letter below.

 

http://i734.photobucket.com/albums/ww344/CarlBkk/Pollardletter1-1.jpg

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In all likelihood, no. But the clause in the lease is clear so did you not read the lease before signing it? Generally you are taken to have understood documents that you sign. The cover letter also advises you to read and advise if there are any errors.

There is a slim possibility of a claim for rectification if you can show the break clause is a mistake and is not what was agreed. Not an easy claim at the best of times and you would need a solicitor to advise having seen all the papers.

I very much doubt that you could show the landlord's solicitors owed you any duties so probably no claim against them.

Did they misrepresent the terms? Possibly but again it comes back to you reading the actual lease before signing it.

Sorry but I think you're on a hiding to nothing.

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