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    • The sticky thread is locked because it's just a template thread. We need to see the invoice you're disputing. And for you to answer the questions below (I'm guessing this is an ANPR capture, the vast majority of tickets are) -   For PCN's received through the post [ANPR camera capture] (must be received within 14 days from the Incident)   Please answer the following questions.   1 Date of the infringement Give answer here   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Give answer here   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received Give answer here   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Give answer here   5 Is there any photographic evidence of the event? Give answer here   6 Have you appealed? [Y/N?] post up your appeal] Give answer here   Have you had a response? [Y/N?] post it up Give answer here   7 Who is the parking company? Give answer here   8. Where exactly [carpark name and town] Give answer here   For either option, does it say which appeals body they operate under. Give answer here   There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   If you have received any other correspondence, please mention it here   Copy the windscreen or ANPR section to your thread and answer the questions... …….... In either case scan up both sides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY
    • Perfect, thanks Dave.   You're right, a whole dodo storm this has been. As sons of first-generation immigrant parents, whenever something like this happens the old man panics. There was a whole "appeal this now" because my dad paid for the parking as he was with the hirer at the time and he isn't as tech-savvy as my brother so he ended up doing what he did and because I don't live there anymore it came all the way down to this.  But yes, we'll do this SAR and see what comes of it.  Will keep posting here with the hopes that it may benefit someone in the future.  Thanks again, everyone. 
    • saying the thread is locked, what shall I do?
    • Please fill in the forum sticky and upload a copy of the invoice, redacted of anything that could identify you -  
    • first time to use this forum, so a bit clueless got a PCN from Horizon, saying that "exceeded ma stay period" any template for me to make appeal please?
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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.

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      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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