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    • 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
    • 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.
    • 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
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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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      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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Law on Radio 5 Live


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Raising the Bar, with criminal barrister Rob Rinder, starts on Sunday 18 October on Radio 5 Live at 9.00 pm.We are promised "high profile barristers and judges".The series aims to show how the law really works in practice.http://www.bbc.co.uk/programmes/b06j0v6t

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we already have Judge Rinder

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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obiter, on my understanding Raising the Bar will be a serious, non-fictional programme along the lines of Radio Four's Law in Action. The programme is going to try to dispel popular beliefs about the law such as are found on TV programmes. Top judges will feature. They are surely not going to appear in anything substandard!

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But it's on Radio 5 Live, so not accessible to anyone without DAB radio.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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brassnecked, Radio 5 Live is not DAB only. I don't have DAB but listened to the programme last night. Several top barristers chatted about their work, with Rinder putting to them the sort of questions often asked by the general public. In addition to asking the perennial favourite "how can a lawyer defend someone he knows is guilty" he put other very searching questions. E.g. a female barrister was asked how she could bear to defend paedophiles when she herself had just become a mother. Her reply was very moving.We also learned about a judge (not named) who got sacked after repeatedly being overturned on appeal. Now we know why LIPs nearly always lose!The series continues next Sunday evening. Meanwhile this first episode can be heard via the BBC website.

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But it's on Radio 5 Live, so not accessible to anyone without DAB radio.

 

You can listen to most radio programmes on BBc i player radio. I listened last night online and the good thing is you can fast forward. Most of it was not that interesting in my opinion.

 

What i want to know from such programmes is whether the Judges are truly independent or can they face pressures from interested parties. How can barristers represent clients when the decks are stacked against them.

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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