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Hi dx It's with Step Change. Yes that is the balance outstanding plus interest. -
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By anotheruser0000 · Posted
Hi All, I don't want to keep asking unnecessary and daft questions but as I read up on on stuff to prepare my defence and tthink about my witness statement, I am perusing the following: The BPA Code of practice states under 13. Consideration and Grace Periods: 13.1 The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes. 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. Let's say a motorist spends a minimum of 5 minutes to decide, then decides to park, that 5 minutes now doesn't apply? That doesn't make sense to me. So now that a motorist has parked after consideration, thus commencing the parking period, the decision time doesn't apply and parking time commenced when? .... on entry to the car park? This, as far as I can see is not stated in the [Withdrawn] Government document which says: The Code also makes clear that the consideration period ends at the point when the driver has parked and is therefore considered to have accepted the terms and conditions, which could be within the five-minute allowance. Doesn't say anything about it not applying if a parking event takes place. [Withdrawn] Private Parking Code of Practice: explanatory document – how was it developed and what will it change? - GOV.UK WWW.GOV.UK So, according to the BPA, if a motorist inadvertently overstayed by 12 minutes for example, they have the 10 minute grace period but because they decided to park, they don't have the 5 minute consideration period because they decided to park and have overstayed by 2 minutes? Sorry if there's something I'm missing here. -
there are several threads here already whereby the judge in such cases only made an order to pay the required sum, the registering of a criminal record is at their discretion or not. dx
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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
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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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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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cabot/restons Claimform - Vanquis Debt***Claim Discontinued***
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