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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...
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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. -
By little old lady · Posted
Hi and thanks It looks like they ticked all the boxes to me but I'll try and upload the notice. I was wondering if a witness to late delivery might be considered proof - I'm assuming they posted it as normal but Royal Mail stuffed up delivery. If not then they're really saying it just has to be posted within 12 days of the incident, regardless of when it is received. Annoying! edit ok thanks Honeybee here's my 2nd (actually 3rd) attempt at anonymising, copying and uploading the notice! Sorry about the state of it - I sat on it while distracted by my dog 🙃 pcn front.pdf pcn back page.pdf -
ROFL - dont get upset just because someone (quite a lot of someones) dont want smart meters - well unless you get paid for it .. in which case ... I assume you haven't been with Octopus long enough to be on one of the very long fixed price tariffs they offered before the prices went bonkers .. and that you dont use your electricity in the evening/lunch time if you think the 'agile type tariffs are good value .. let alone worth installing a smart meter for - high price a good disincentive for an evening cuppa eh? Let alone all your computer/tv etc time in the peak price evening or lunch time. - and boy do those peak prices instantly hammer your bill when those Russian and middle eastern issues kick off. I would only have considered a smart meter if solar panels had been an option for me - but roof is oriented completely the wrong way. Oh - and My opinion hasn't changed since the smart meter trials 40 years ago, because neither have the issues (well not enough) but I'm happy for you. Be happy for me.
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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.
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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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