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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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    • 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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What kind of society do we want to live in?


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Many are concerned with how British society is changing. Whether our area of concern is governments program of austerity, cuts to disability benefits, the renewal of trident, tax avoidance/evasion, brexit, the annihilation of the NHS as we knew it, with allegations of government plans to privatise our NHS, media bias, climate change, or any other concern, attack, insult, demean, demonise and discredit "the enemy" (those who do not agree with every word we say) seems to be the order of the day.

 

We call ourselves a democratic nation, but a single episode of PM's questions would bring that allegation into question, as our "upstanding pillars of society" MP's, pass their insults, attacks and vile behaviour at fellow "honourable members". The recent in/out referendum brought out the very worst in British politics with insults galore, lies, false claims and promises being order

of the day. Our so called "free press", regardless of which side of the argument their paymasters supported were equal in spreading utter fearporn and confusion among the British people.

 

We are quick to point the finger of blame at government, often with good cause, but somehow conveniently forget that it was we collectively whom time and again have elected our politicians to their positions of privilege and power, where we have enabled them to make decisions on our behalf and continue to fail to hold them account for the decisions they make. Somehow, we have as yet failed to recognise that our seemingly preferred approach of attack, insult and discredit "the opposition" achieves nothing useful, nor do the utterly pointless petitions on the .gov website, which even at best, will only achieve a debate in the House of Commons

 

What we continue to fail to consider, is surely the fundamental question of "What kind of society, do we want to live in? If Britain is a democratic nation, surely we the people have a right to consider and express our opinions on this question, without the insults and other vile, degrading and wholly undemocratic tactics?

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Thread moved to the Bear Garden.

 

Regards

 

Andy

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Thanks Andyorch/determindator,

 

I appreciate there is a lot there, the aim of which, is to get everyone thinking about taking a proactive approach to that with which we dislike/disagree

 

That which we don't like, WE can change......

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