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    • 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
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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.

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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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UKPC white lines issue. madford retail park - ** WON AT POPLA **


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just got notice to keeper from UKPC, ticket issued on 31/12/2016 ntc dated 02/02/2017.

 

Not parked correctly within the markings of the bay or space.

 

I parked in a bay with 2 wheels on the white line not outside but on it,

this white line is approx 3 feet wide as its an end bay and the tyres were at least 1 foot away from the white line outside edge.

 

 

i had to park like this as I could not let my passengers out of the vehicle because the vehicle next to me was very close to the white line so I had restricted access.

 

Whats should be the next move against these muppets.

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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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any photos of the vehicle parked "over" the lines that they are presumably claiming is the cause of their claim?

 

In the road traffic act it has been determined that the lines are part of the bay and the wheels must be wholly outside the lines to be out of the bay to earn you a PCN.

 

I wonder what code of practice they use that is better than the law in this respect?

 

If you want to play letter tennis with them you could ask them about this point

 

but as they are just a bunch of bandits they might think that this request for information is an appeal and say that it has been considered but on this occasion your appeal hasnt been accepted so now pay up or we may have to learn to read properly.

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the link is in post 2 answer the questions please

and post the Q&A back here

 

 

ta

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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For tickets received through the post (Notice to Keeper) please answer the following questions.

 

1 Date of the infringement 31st December 2016

2 Date on the NTK 2nd February 2017

3 Date received 4th February 2017

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? yes

 

5 Is there any photographic evidence of the event? Yes

 

6 Have you appealed? no

Have you had a response?

 

7 Who is the parking company? UKPC

 

For either option, does it say which appeals body they operate under.

There are two official bodies, the BPA and the IAS. If you are unsure, please check here BPA

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It will get things sorted out in our minds quicker and that means more certainty for you.

 

One of these days I am going to tout for business as a car park contracts consultant,

wear a suit, shave my head to the parking co's gorillas think I am one of them and write simple signs and charge them thousands for my words of wisdom.

 

Here is an example.

 

 

The fee for parking here is £100.

For the first 2 hours the fee is waived as long as you park in the marked bays.

 

Simple. that will be £1000 please, the wording is copyright so no nicking the idea Will and John.

 

Oh I forgot, that wont earn people stacks of money because people will understand it.

I will start again.

 

Oyez Oyez Oyez, by powers granted by his late majesty,

Charles the second and continued by his heirs and successors I

heretofore bring notice of an accord between the rightful lieges of this car park and the villains that use it.

.. good so far?

that will also be £1000 please

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just got notice to keeper from UKPC, ticket issued on 31/12/2016 ntc dated 02/02/2017.

 

Not parked correctly within the markings of the bay or space.

 

I parked in a bay with 2 wheels on the white line not outside but on it,

this white line is approx 3 feet wide as its an end bay and the tyres were at least 1 foot away from the white line outside edge.

 

i had to park like this as I could not let my passengers out of the vehicle because the vehicle next to me was very close to the white line so I had restricted access.

 

Whats should be the next move against these muppets.

 

Redacted PCN attached

 

Redacted PCN attached

 

Attachment of photo - rear view

 

Redacted PCN attached

 

Attachment of photo - rear view

 

pdf file attached

 

this was scanned on a professional copier ,hope its better now.

Parking Ticket 2.png

Parking Ticket.pdf

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OK, NTK not POFA compliant for starters, read para 9 of the POFA and you will see why.

 

 

Also the wording of their so called breach of contract is very specific so is there such a contractual clause via the signage that can be directly referred to.

 

 

I would again reiterate the decisions of PATAS on this matter where it is decided that the lines are part of the bay.

 

 

In your case it is a little more interesting as it is not clear whether the markings constitute a bay or not so a definition of the bays at the site would be needed.

 

 

To help us in this matter evidence of other coloured paint on the tarmac would be helpful as white seems to indicate where it is permissible to park so if they have yellow, red or any other coloutr and possibly the words no parking then the intention would be even more clear, even if not legally defined.

 

We need to see the signage and the paint job at the site to really bury this as POPLA and even the courts are a bit baffled by the laws they are supposed to know about.

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so, red and yellow indicating some form of control or prohibition, white equals park here.

 

the signage is rubbish,

it starts off with saying that there is a prohibition,

then it mentions contractual matters

and finishes off with an unlwful penalty threat that not only breaches Dunlop v New Garage

but also breaches the Consumer Contract regs as an unfair condition

 

 

because id they wish to claim keeper liability it cannot be used becasue it is a term that can solely apply to the driver (at best).

 

Note th no parking on yellow lines , you did not breach that condition so there is no breach of the terms offered (if a contract and that is doubtful)

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well, when you get the NTK we will be able to answer that better.

 

 

At the moment it is the no breach of contract that is the main argument,

the paint job making ther intent of where not to park clear and you werent in a no parking area.

 

 

The rest will be points about the size of bays and a comparison between them and what is the minimum standard for parking bays under the road traffic act.

 

 

Although off street parking has no real defined parking bay dimensions argumant about best pracitce and case law wouldnt be amiss.

 

 

Judges like to have a rference point when ther is no real law to apply to the circumstance..

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