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    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
    • Regarding a driver, that HAS paid for parking but input an incorrect Vehicle Registration Number.   This is an easy mistake to make, especially if a driver has access to more than one vehicle. First of all, upon receiving an NTK/PCN it is important to check that the Notice fully complies with PoFA 2012 Schedule 4 before deciding how to respond of course. The general advice is NOT to appeal to the Private Parking Company as, for example, you may identify yourself as driver and in certain circumstances that could harm your defence at a later stage. However, after following a recent thread on this subject, I have come to the conclusion that, in the case of inputting an incorrect Vehicle Registration Number, which is covered by “de minimis” it may actually HARM your defence at a later stage if you have not appealed to the PPC at the first appeal stage and explained that you DID pay for parking and CAN provide proof of parking, it was just that an incorrect VRN was input in error. Now, we all know that the BPA Code of Practice are guidelines from one bunch of charlatans for another bunch of charlatans to follow, but my thoughts are that there could be problems in court if a judge decides that a motorist has not followed these guidelines and has not made an appeal at the first appeal stage, therefore attempting to resolve the situation before it reaches court. From BPA Code of Practice: Section 17:  Keying Errors B) Major Keying Errors Examples of a major keying error could include: • Motorist entered their spouse’s car registration • Motorist entered something completely unrelated to their registration • Motorist made multiple keying errors (beyond one character being entered incorrectly) • Motorist has only entered a small part of their VRM, for example the first three digits In these instances we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event or that the motorist attempted to enter their VRM or were a legitimate user of the car park (eg a hospital patient or a patron of a restaurant). It is appreciated that in issuing a PCN in these instances, the operator will have incurred charges including but not limited to the DVLA fee and other processing costs therefore we believe that it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified before reverting to the charge amount at the point of appeal. Now, we know that the "modest charge" is unenforceable in law, however, it would be up to the individual if they wanted to pay and make the problem go away or in fact if they wanted to contest the issue in court. If the motorist DOES appeal to the PPC explaining the error and the PPC rejects the appeal and the appeal fails, the motorist can use that in his favour at court.   Defence: "I entered the wrong VRN by mistake Judge, I explained this and I also submitted proof of payment for the relevant parking period in my appeal but the PPC wouldn't accept that"   If the motorist DOES NOT appeal to the PPC in the first instance the judge may well use that as a reason to dismiss the case in the claimant's favour because they may decide that they had the opportunity to resolve the matter at a much earlier stage in the proceedings. It is my humble opinion that a motorist, having paid and having proof of payment but entering the wrong VRN, should make an appeal at the first appeal stage in order to prevent problems at a later stage. In this instance, I think there is nothing to be gained by concealing the identity of the driver, especially if at a later stage, perhaps in court, it is said: “I (the driver) entered the wrong VRN.” Whether you agree or not, it is up to the individual to decide …. but worth thinking about. Any feedback, especially if you can prove to the contrary, gratefully received.
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    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx  
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Been Delivered a Package intended for Someone else.***Resolved***


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Good morning, hope I can receive some advice on my next steps.

 

On Friday 28th September I received two large packages (as expected) I signed for them and as I was taking them back up to the my flat I suspected something wasn't right.

When I checked the labels noticed that one package was meant for someone else. I immediately checked online for a contact number (which turned out to be for the local depot). I rang them to explain and gave the details. I was assured that they would contact the driver and ask him to return to collect. About 4 hours later I had heard nothing so I called again and I was told that the driver was aware and would be with me once his deliveries for the day were done. No one arrived.

I left it for the weekend as I was busy and called first thing Monday morning and was told that they would contact the driver and asked if I would be in all day. As I was off work and had no plans I was. Again no driver arrived. I sent an email off and also contacted them via Twitter.

Tuesday (yesterday) I again contacted them and was told the same as Monday. I decided to try the "Contact Us" number only to be put through to another depot and be transferred to my local depot who advised me the driver on my route had finished for the day and that they would ask him to make the collection today by leaving a note in his pigeon hole.

I'm not holding out much hope on someone turning up today and need some advice as to take this up a notch.

 

For information the supplier of the goods are also chasing the courier as to the whereabouts of my missing package and are going to be sending a replacement out today if they have no luck. The wrong package is currently in my hall and is fairly large and bulky so I can't put it in my car and take it to the correct address or back to the depot!

Still on the lookout for buried treasure!

 

Any advice I give here is based on my own experiences throughout my life, career and training and should not be taken as accurate. If in doubt, speak to someone more qualified - a Solicitor, Citizens Advice to name but two possible avenues!

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Not your problem.

You have told the courier in writing and sounds like you told the sender as well.

I would write one last email to both of them giving 7 days to collect.

If they don't comply, dispose or keep the goods.

Most likely they've already been refunded the money by the courier insurance.

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Whilst the temptation in such a situation is to deem that the goods have been abandoned and simply dispose of them, there are statutory obligations that must be followed. Pursuant to the Torts (Interference with Goods) Act 1977 (the Act), the person in control of another person’s goods, the involuntary bailee:

 

If you find that you have become an involuntary bailee then in order to deal with the bailor’s goods it is necessary for you to serve the bailor with a notice. This notice must set out the following information:

 

1. Your name and address;

 

2. A description of the goods which you have control of;

 

3. The address where the goods are being stored;

 

4. State a reasonable period in which the bailor must collect their goods (i.e. 21 days);

 

5. State what you intend to do with the bailor’s goods should they fail to collect them within the period provided (see below); and

 

6. Your contact details so that the necessary arrangements can be made.

 

In order to serve the notice you must take reasonable steps to locate the bailor. What would be deemed as reasonable will depend upon whether you intend upon disposing of or selling the bailor’s goods.

 

Andy

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I emailed the sender of the package, after much Googling.

They have now managed to arrange a collection, after three phone calls from the courier to confirm the best day and the address that the collection can be made. So hopefully my hallway will be clear by the end of today.

Thanks for your help all.

Still on the lookout for buried treasure!

 

Any advice I give here is based on my own experiences throughout my life, career and training and should not be taken as accurate. If in doubt, speak to someone more qualified - a Solicitor, Citizens Advice to name but two possible avenues!

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Just to let you know that everything has now been resolved. Shame that I had to resort to contacting the suppliers directly rather than letting Tuffnells sort it out themselves. Thanks for your help all!

Still on the lookout for buried treasure!

 

Any advice I give here is based on my own experiences throughout my life, career and training and should not be taken as accurate. If in doubt, speak to someone more qualified - a Solicitor, Citizens Advice to name but two possible avenues!

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Well done...thread title amended.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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