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    • Thanks for posting the CPR contents. i do wish you hadn't blanked out the dates and times since at times they can be relevant . Can you please repost including times and dates. They say that they sent a copy of  the original  PCN that they sent to the Hirer  along with your hire agreement documents. Did you receive them and if so can you please upload the original PCN without erasing dates and times. If they did include  all the paperwork they said, then that PCN is pretty near compliant except for their error with the discount time. In the Act it isn't actually specified but to offer a discount for 14 days from the OFFENCE is a joke. the offence occurred probably a couple of months prior to you receiving your Notice to Hirer.  Also the words in parentheses n the Act have been missed off. Section 14 [5][c] (c)warn the hirer that if, after the period of 21 days beginning with the day after that on which the notice to hirer is given, the amount of unpaid parking charges referred to in the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in full, the creditor will (if any applicable requirements are met) have the right to recover from the hirer so much of that amount as remains unpaid; Though it states "if any applicable ...." as opposed to "if all applicable......" in Section 8 or 9. Maybe the Site could explain what the difference between the two terms mean if there is a difference. Also on your claim form they keeper referring to you as the driver or the keeper.  You are the Hirer and only the Hirer is responsible for the charge EVEN IF THEY WEREN'T THE DRIVER. So they cannot pursue the driver and nowhere in the Hirer section of the Act is the hirer ever named as the keeper so NPC are pursuing the wrong person.  
    • This is simply a scam site.  It's been shown to be a scam in the national press and on national TV. Please fill in the the forum sticky and upload the invoice you've received. In fact what you have is an invoice, not a fine, a private company doesn't have the power to issue fines.  
    • Moved to the Private Parking forum.
    • Good afternoon, I am writing because I am very frustrated. I received a parking fine from MET Parking Services Ltd , ( Southgate park Stansted CM24 1PY) . We stopped for a quick meal in Mcdonalds and were there fir around 30 mins. We always do this after flights and never received a parking fine before.  Reason: The vehicle left in Southgate car park without payment made for parking and the occupants southgate premises. they took some pictures of us leaving the car. i did not try and appeal it yet as I came across many forums that this is a scam and I should leave it. But I keep getting threatening letters.  Incident happened : 23/10/2023 I did contact Mcdonalds and they said this:  Joylyn (McDonald’s Customer Services) 5 Apr 2024, 12:05 BST Dear Laura, Thank you for contacting McDonald’s Customer Services. I’m sorry to hear that you have received a Parking Charge Notice following your visit to our Stansted restaurant.   We've introduced parking restrictions at some of our restaurants to make sure there are always parking spaces available for customers.   We appreciate that some visits such as birthday parties or large group visits might take longer and the parking restrictions aren't intended to stop this. If you think your stay will exceed the stated maximum parking time then please speak to a manager in advance.   Your number plate is scanned by our Automatic Number Plate Recognition (ANPR) system when you enter our car park, and then again when you leave. If you have overstayed the maximum time allowed, you will not be notified straight away- a Parking Charge Notice will be sent to you via the post.   If you feel that a Parking Charge Notice has been issued in error, please contact our approved contractors who issued the charge in order to appeal the charge. Unfortunately McDonald's are unable to revoke parking tickets- the outcome of the appeal is final and cannot be overturned by McDonald’s.   Many thanks for taking the time to contact McDonald’s Customer Services.   Can someone please help me out and suggest what I should do next?  Thank you 
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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.
      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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Scottish Limitation period extended


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---

--

GOVAN LAW CENTRE

NEWS RELEASE

 

Immediate release on

Thursday, 30 March 2006

 

 

 

Insurance companies to pay out more - Supreme Court decision to benefit thousands of citizens

 

 

 

 

For over a decade insurance companies in Scotland have been able to reject breach of contract claims for inconvenience and distress not raised within 3 years. Scotland’s Supreme Court overturned that rule today and confirmed that citizens have the right to raise proceedings within a 5 year period.

It is not uncommon for insurance companies to delay and haggle over consumer claims. Your house is ruined by a flood, possessions are damaged or stolen. You think you are covered, but the insurance company drags it heels. By the time a citizen sues the insurance company they discover they are time barred to claim for hassle, distress and inconvenience suffered. So insurance companies have less incentive to settle.

Govan Law Centre’s case of Mack v. Glasgow City Council clarifies and advances the law of damages in favour of ordinary citizens.

Until today, insurance companies have relied on the case of Fleming v. Strathclyde Regional Council 1992 SLT 161 to reject many claims for distress and inconvenience. Such claims were treated as ‘personal injuries’ from Fleming, and only recoverable if claimed within 3 years. The Inner House of the Court of Session overturned Fleming and confirms that citizens can now pursue such claims for up to 5 years.

In delivering the Court’s Opinion in Mack, Lord MacFadyen said: “[17] In our opinion Fleming was wrongly decided … we conclude that the claim is not properly to be regarded as a claim for personal injuries”.

The Mack decision has implications not only for the insurance industry, but also for Glasgow City Council – who lost the appeal - and social landlords across Scotland. Glasgow City Council had argued their former tenant could not claim for the inconvenience and distress of having to live in unpleasant damp and mouldy living conditions because this was a claim for ‘personal injury’, and the former tenant was outwith the 3 year time limit.

If Glasgow City Council had of won its appeal it would have meant no tenant in Glasgow could have sued them for having to live in poor housing conditions – because the Council transferred all of its stock to the Glasgow Housing Association on 7 March 2003 – so its liability would have ended on 7 March 2006.

The consequence of Mack is that Glasgow City Council is still liable for claims for inconvenience and distress of former tenants until 6 March 2008. Likewise, all former landlords will be subject to a 5 year claim period after stock transfer, now and in the future.

Govan Law Centre’s Principal Solicitor, Mike Dailly, said:

“Govan Law Centre believes that the case of Mack is potentially good news for thousands of citizens across Scotland. If your insurance company refused to pay you money for distress or inconvenience in the last 2 years on the grounds of timebar, you should immediately consult your solicitor in light of Mack.

Likewise former tenants of GlasgowCity Council should be aware that they have until 6 March 2008 to recover damages from the Council for the inconvenience and distress of having to live in damp, cold and unpleasant living conditions”.

 

ENDS

 

NOTE TO EDITORS

The judgment of the Court was published in full on the Scottish Courts Service at lunchtime today (it runs to 13 pages).

It is available here: http://www.scotcourts.gov.uk/opinions/2006CSIH18.html

 

 

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