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Probably the case @lookinforinfo Also an update, I've got the registered keeper letter. Just to check that I continue to ignore it until PAP letter comes in? -
Thanks very much Bank. I've now done a lot of reading and have drafted my Letter of Claim as attached. I look forward to your comments. 16Apr24 draft Letter of Claim against Parcel2Go.pdf16Apr24 draft Letter of Claim against Parcel2Go.pdf16Apr24 draft Letter of Claim against Parcel2Go.pdf -
ive already CAREFULLY explained how it all works earlier. what you will have to pay is already preset and detailed on the court forms/TfL stuff you already have. you wont be asked any questions upon your financial means etc. thats not under debate . you wont be asked upon any mitigating circumstances, you have pleaded guity which you always SHOULD. the ONLY 2 reasons you are attending is to: 1) after finding the TfL prosecutor... plead directly face to face before you go in to try and get an OOC (you can bring up or say anything/everything you like ...anything that might get them to agree) 2) if 1 fails...show your genuine remorse face to face to the magistrate, BRIEFLY mention how a criminal record would hinder your future then hope they take pity on you and dont also record this on your file. PS its only declarable/shows there for one year anyway. regardless to what an employer might ask in job questionnaires past 1yrs you forget about it. they cannot see it even on enhanced DBS etc etc. you should not latterly ever appeal a criminal record for this type (1yrs) of 'offence' its not worth it and if you lose said appeal it will cost your dear in terms of additional wages grabbing and court fees. and extends the time it shows if you lose too. dx -
hit letter of claim follow post 2 despite repeated requests, the claimant has failed to produce any enforceable paperwork.
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FTMDave - your cold light of day suspicions are correct, alas. Just had this back... Thank you for your email. I was very sorry to learn that you recently received a parking charge notice after shopping at our Kearsley Manchester Rd Express store. I appreciate this is always frustrating, especially as you'd just nipped in for the one item. I've had a look, and I can confirm that in this case the car park at this store is entirely owned by a third party - it is not owned or operated by Tesco in any way. The parking charge issued is on behalf of that third party, although I appreciate it does state Tesco on the letter. Regrettably as the car park is owned and operated by a separate company we don't have any form of influence or control over the parking charges issued. In this case, I can only recommend that you follow the appeals process outlined on the letter directly to take the matter up with UKPPO directly. I'm sorry that I cannot offer further help in this case. Please do not hesitate to contact me again should you require anything further. Kind regards Ewan Kelly Customer Service Specialist On behalf of the Chief Executive’s Office
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Hello,
On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.
Car was dirty and test drive was two circuits of roundabout on entry to the showroom. Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm. They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.
The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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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