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Thanks Dx. Still finding my way around this forum thing. Cant tell you how grateful I am for all the help. Just submitted the 75 to Natwest. Fingers crossed. -
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Hi All, I have tried to use my own words as much as possible, any better suggestions are welcome. I have been sleepless and hence i can't really think of alternative words, will definitely give it another go if you have points that i may have left out? Worry -
By redcandle2 · Posted
Thanks all for all your input. I have decided to follow this all the way. So far, I have not replied to Alliance Parking's original NTK letter. The time-period for the reduced amount has now finished, and the time to appeal (21 days from the date of letter) will finish on 25th Apr. No further comms received from Alliance Parking. Could you please guide me, for my readiness, on what happens next? Am I going to start receiving letters from Alliance Parking > Debt Collector letters > Letter of Claim? Who sends me the Letter of Claim - Alliance Parking / Debt Collectors / Solicitors / court? How many weeks / months from now is this likely to be? Once Alliance Parking passes the debt off to the Debt Collectors, is there a risk of anyone turning up at the door? Do I need to reply to any other letters from either the parking company, debt collectors, or solicitors? Many thanks in advance. -
I've just noticed this so wanted to my apologies for my response to this yesterday I didn't realise his name was worry, I thought you meant worry as in be concerned not referring to his name. My apologies.
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Hello,
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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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