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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
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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.
      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.
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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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Tracking postal orders


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If you have the number of an arbitrary postal order, can anyone quote the number to Royal Mail to see if it's been cashed? Or is this privilege limited to the person requesting it (with the receipt) or the person to whom it has been sent?

 

I'm not trying to track an order myself, but am curious.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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I've been able to check encashment at the issuing PO by showing them the receipt (There are no counterfoils anymore). I was told it hasn't been casged, and was offered a form to cliam a refund. I don;t know if this can be done online, as I've seen no reference to it.

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... and what if you don't have the receipt? What if you just happen to have the number? Can a third party with the PO number (e.g. it's gone missing in the post and they have the number) check up on it?

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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Guest ian cognito

Don't see why they would benefit from checking when they have the postal order anyway? You can issue crossed postal orders in the same way you do cheques so they have to be paid into the bank account of the recipient, if you're going to send one, this would be the way to do it.

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Don't see why they would benefit from checking when they have the postal order anyway?

 

There are many ways in which someone might have the number of a PO without having the PO itself.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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Guest ian cognito

Still can't see the benefit, without the PO is the number not worthless?, I suppose you could cancel it with the number or you could check whether it had been cashed but I still don't see how you would benefit from either action? There is a warning on the post office site:

 

WARNING: Please note that there are currently some Postal Orders scams being perpetrated - particularly on online auction sites. Please note that under no circumstances would Royal Mail or the Post Office™ issue an email notification of receipt of a Postal Order to a potential recipient. Should you receive such a notification, please report it to the police.

 

I suppose this could be used to get a number out of you and then be used to report it lost?

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There are many uses for the information. You can prove if money was or was not received. Trivial example - someone sends me a PO through the post, gives me the number via another method. Said person then goes on holiday for 2 weeks. If I had the number of their PO, without any evidence that they had sent it, or that I was the recipient, could I walk into a Post Office and find out if it has been cashed (e.g. intercepted, delivered to the wrong place)? This is not the actual situation, btw.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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Guest ian cognito

OK did the simple thing and rang the PO, you can check with just the number but you need to do so in writing, either by filling in a claim form for lost mail or writing to the lost mail department, you do not need a recepit to do this but I am guessing you would need to know where the PO was bought or where it had been sent, if it had gone through the post.

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  • 2 months later...

:p

Hello all, I emailed Royal Mail, and this is the reply they sent. (may be of some use)

 

"To trace if a Postal Order has been cashed you would need to complete a

P58 form available from any Post Office® branch. When you’ve completed the

form hand this in at the Post Office® and this will be forwarded to Royal

Mail to investigate.

 

Alternatively you can send the P58 form and the receipt for the postal

orders to:

Postal Order Group

PO Box 168

Chesterfield

S49 1ZL

 

It is recommended that you keep a copy of the receipt for your own records."

 

 

:)

Smile **WON** £1903.00 :lol:

Data Protection Act sent 24/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

Smile (again!) Prelim sent 22/03/07

 

Abbey (Claiming £2315.00)

Data Protection Act sent 29/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

GOGW £185.00 received 19/03/07

Handed Court N1 19/06/07

Deadline up 17/07/07

 

SmileVISA

Data Protection Act sent 23/02/07

 

Studio Cards ** WON ** (Claiming £613.19)

Data Protection Act sent 26/02/07, Prelim sent 14/03/07

GOGW £261.70 received 24/03/07

Sending LBA 26/03/07

Offer accepted!

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