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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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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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Parcel Force fail to deliver , refuse refund***Resolved***


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At the beginning of February I went to Grand Canaria for a winter break . The problem was I forgot one of my prescription medications.

My son immediately packed the missing medication ( a control for high blood pressure ) in a jiffy bag and went to local post office and asked for quickest method to get the package to me , telling the clerk exactly what was in the package .

The Post Office counter clerk suggested Parcel Force Global Express for the sum of £47 ( for a small jiffy bag ! )

 

He duly filled in the dispatch form clearly marking it “medication “

The package was accepted , and the clerk said the package should arrive in 48 hrs ( posted on Monday , arriving Wednesday morning )

 

At no time was any mention made of possible delays due to customs etc .

 

Following tracking ,I saw the package arrive at the “clearance depot “ Wednesday morning , and there it sat , until it was eventually delivered to the hotel the following Monday , whilst I might add still showing in transit ,even when we arrived home a week later , it was still in transit ! though I had possession of the package

As you might expect we submitted a claim for refund , and as you might expect it was refused .

 

Citing ,

A/ Medication excluded

B/ not their fault , customs delay

 

The only time medication is mentioned in exclusions , is under perishable goods , the medication has a shelf life of over 2 years .

I repeat , no mention was made of any possible delay due to customs and content of package

 

Simply , do I send a LBA , giving them ie Parcel Force AND their agent the Post Office 14 days to cough up , or without further reference to them , go to small claims procedure ?

Edited by dx100uk
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So I understand that the delivery was made – but it was made late by a number of days. Is this correct?

 

An are you aware of any guarantee contained in their contract which promises you the return of your money if they do not deliver within the scheduled time?

 

Did you suffer any particular losses as a result of the late delivery?

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So I understand that the delivery was made – but it was made late by a number of days. Is this correct? Yes , but around 5 days late

 

An are you aware of any guarantee contained in their contract which promises you the return of your money if they do not deliver within the scheduled time? T&Cs tight many exclusions , but there is a refund proceedure , bottom line is though , what ever the problem cousing delay , not their problem, None of which was exlplained when dispatching the package

Did you suffer any particular losses as a result of the late delivery? Visit to hotel Doc for prescription €40. Meds €6.80 which TBH is my fault for forgetting meds

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Thank you. So you did actually have a delivery so I don't think you would be entitled to claim a full refund for that. On the other hand, I do think that you would be able to claim the difference between the express delivery – £47 and the cost of delivery which arrived five days later.

 

You need to discover what their tariffs are.

 

It is clear that they are in breach of contract. I don't think you need to worry about the exclusions because they did not affect the risk. You spent €6.80 on meds which you did actually have. On the other hand I think that you can claim for the doctor's visit which of course was unnecessary and was only made necessary because of the breach of contract.

 

Therefore I think that you can claim for the difference in the delivery cost plus the cost of the doctor's visit. Also, I would try making a nominal claim for the time which she spent having to visit the doctor instead of enjoying a holiday. I would keep this to a modest amount – not more than £50.

 

I would set it all out in a clear itemised letter together with any bills and send to them as a letter of claim and give them 14 days.

 

Only do this if you are prepared to go ahead. I predict that they will attempt to defend and they will send you some massive defence document – and they will eventually put up their hands. You then recover your losses plus the claim fee. There is an outside chance that they may want to go to court – but I expect that you will win although you may have difficulty asserting the value of your lost time. However, you may as well try it out. They are unlikely to want to go to the expense of turning up at your local court simply to save 50 quid.

 

Please keep us informed as to how it goes

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I An acquaintance of mine , posted this on another forum ( caravanning)

He deals with shipping and logistics , it is interesting , even though it refers to medication posted as opposed to being couriered , Taking Parcel Force to be couriers and not postal carriers .

If it is taken at its literal meaning , the Post Office counter clerk should never have accepted the package for Parcel Force to transport

So if it gets to County Court , I will name Jointly , Parcel Force and Post Office Counters

 

 

 

Can one send special medication between Spain and another country by mail?

Spanish legislation does not allow the shipping of medication by mail. In accordance with Article 73 of Law 29/2006 of July 26th, for guarantees and rational use of medication and sanitary products, only laboratories and distribution entities that meet the established legal requirements are able to export medication. Any other entity or individual is not allowed to send medication through packaged mail because they are unable to guarantee the quality and security of the products.

Can an individual receive medication in Spain from another country by mail?

Article 72 of the aforementioned Law 29 of July 26th, 2009 and implementing regulations establish that only pharmaceutical laboratories can import medication. Therefore, individuals outside of the country, cannot send medicines because it is not possible to guarantee their quality and security.

Can an individual bring his/her necessary medication to their destination in Spain?

Article 74 of Law 29/2006 of July 26th states that: "medication that accompanies travelers following a medical treatment is excluded from the established protocols in the previous articles". Thus, in order to avoid problems with the Spanish customs office, it is recommended that the patient traveling with medication to Spain brings a doctor’s prescription/medical report that justifies the treatment. However, one should consider the previously stated regulations of the country of destination.

IMPORTANT NOTICE: In the case of medicines containing narcotic drugs or psychotropic substances, patients should send inquiries to the Spanish Agency of Drugs and Health Products in order to receive a permit to travel with their medication. Interested parties can direct themselves to the following email address: [email protected]

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I An acquaintance of mine , posted this on another forum ( caravanning)

He deals with shipping and logistics , it is interesting , even though it refers to medication posted as opposed to being couriered , Taking Parcel Force to be couriers and not postal carriers .

If it is taken at its literal meaning , the Post Office counter clerk should never have accepted the package for Parcel Force to transport

So if it gets to County Court , I will name Jointly , Parcel Force and Post Office Counters

 

 

 

Can one send special medication between Spain and another country by mail?

Spanish legislation does not allow the shipping of medication by mail. In accordance with Article 73 of Law 29/2006 of July 26th, for guarantees and rational use of medication and sanitary products, only laboratories and distribution entities that meet the established legal requirements are able to export medication. Any other entity or individual is not allowed to send medication through packaged mail because they are unable to guarantee the quality and security of the products.

Can an individual receive medication in Spain from another country by mail?

Article 72 of the aforementioned Law 29 of July 26th, 2009 and implementing regulations establish that only pharmaceutical laboratories can import medication. Therefore, individuals outside of the country, cannot send medicines because it is not possible to guarantee their quality and security.

Can an individual bring his/her necessary medication to their destination in Spain?

Article 74 of Law 29/2006 of July 26th states that: "medication that accompanies travelers following a medical treatment is excluded from the established protocols in the previous articles". Thus, in order to avoid problems with the Spanish customs office, it is recommended that the patient traveling with medication to Spain brings a doctor’s prescription/medical report that justifies the treatment. However, one should consider the previously stated regulations of the country of destination.

IMPORTANT NOTICE: In the case of medicines containing narcotic drugs or psychotropic substances, patients should send inquiries to the Spanish Agency of Drugs and Health Products in order to receive a permit to travel with their medication. Interested parties can direct themselves to the following email address: [email protected]

 

Suspected as much. That hindsight really would have helped!

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  • 2 weeks later...

Well done sparkeyrjp...thread title amended to reflect the outcome.

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