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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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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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Judge orders debtor to pay £7,000 in costs for trying to avoid paying Compliance fee of £75......a discussion thread.


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I thought it was clear form the onset, when the defence disclosed the notice of removal of implied right, which area his advice was coming from.

 

It is sad to say that the same advice regarding direct payments is still happening despite this case.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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On reading the judgement it appears that the title of this thread is misnamed.

 

Man pays charges and enforcement costs but then raises action for the costs of a hire car, loses that, and costs are awarded against him for that action.

 

Less catchy though.

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On reading the judgement it appears that the title of this thread is misnamed.

 

Man pays charges and enforcement costs but then raises action for the costs of a hire car, loses that, and costs are awarded against him for that action.

 

Less catchy though.

 

Bit more to it than that, costs were awarded for all kinds of things.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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And of course, in order to be awarded costs at all, you have to have lost in the first place.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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If the advice had been sound in the first place then this would never have arisen.

 

Yes absolutely.

And the case was not about the cost of hire. It was about if fees can be charged after a payment which is made directly to the authority. The finding was that of course, they can, the costs were a reflection on, and a consequence of, what a bloody silly question it was to ask.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Thank you for finally posting the judgement BA, it is of huge benefit. The claimant in this case was clearly an idiot. It's clear from his name that he perhaps grew up in a culture where 'officialdom' is not respected or is open to abuse. That is not intended as a sweeping statement on all things African but it is a possibility.

 

.

 

 

I never believe that in this day and age I will hear such racist and bigoted views.

 

You have judged someone from his name! How narrow-minded can you be?!!

 

I guess you feel the same way towards Chuka Umunna

 

For your information, he was born and bred here!

 

You, and the likes of you will judge him and stereotype him on his name alone.

 

For your information, but I guess you are so narrow minded to know;

 

Africans have deep respect for authorities.

 

We have traditional institutions that we hold in high esteem.

 

We transfer that training and upbringing to all constituted authorities.

 

But I guess you are such a sad racist to know that.

 

My greatest disappointment is with the Consumer Action Group for allowing this

 

A big shame on you!!!

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Dear Consumer Action Group,

 

The posting I complained of was grossly racist!

 

I believe that it breached the Law ie "sending by means of a public electronic communications network a message or other matter that is grossly offensive".

 

I think that is s127 of the Communications Act 2003.

 

A reasonable person would be appalled by such message

 

Your responsibility was to report the post to the Police who would make the decision of persecuting provided it is in the public interest to do so.

 

I noticed that you have deleted the post.

 

Please, could you restore the post and report it to the police.

 

You shouldn't be destroying evidence of an alleged crime.

 

I would greatly appreciate it if you do the above and inform me.

 

That would reassure me that your organisation is not complicit in racism

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