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    • I've sent the EX107 already and chosen a transcript company. The Court is dragging it's heels though with actioning the transcript of the judgement and approving it to the external company.  I don't yet have permission to appeal. It's small claims. As I understand it I can send the N164 within 21 days and just tick the box saying I don't have permission to appeal? And then the request to appeal will have been submitted in the timeframe, giving me a further 14 days to submit the appeal bundle and include the transcript of the Judgment with the appeal bundle? 
    • I've had a quick look. Are these your pictures or the ones from your customer? Certainly I can understand parcel to go say that they can't see any damage.  Also picture number one with the parcel standing out in the sunshine isn't going to be very helpful to you.   
    • nothing yes ignore everything totally  unless by a very rare chance one of them is a letter of claim with a reply pack wanting stuff like I&E etc. dx  
    • One thing I notice from the council rejection is that it states: 'The regulations require the suspension warning to be clearly visible. It is a large bright yellow sign and is erected by the parking bay on the nearest parking plate to the area that is to be suspended. Parking is then not permitted in the bay for any reason or period of time, however brief.' Then he states: Whilst I note that the signage may have been obstructed by a large van and generator at the time, please note, it is the responsibility of the motorist to locate and check the time plate each time they park. This will ensure that any changes to the status of the bay are noted. I would take from above that  he/she is admitting the suspension warning was not clearly visible?   Question for you Mycathasfleas Is it possible to pay the reduced amount first and then appeal the PCN afterwards using the tribunal?
    • Extending Appeal Time If a party wants more time to file its application with the Court of Appeal, it must seek an extension of time from the trial judge, either when the judgment is handed down or when requesting an adjournment of the hand-down hearing (so as to give it more time to apply to the lower court for permission). An adjournment in itself will not extend time. It is possible to apply to the Court of Appeal to extend time retrospectively, but this is treated as an application for relief from sanctions and therefore the three-stage test from Denton v TH White Ltd [2014] EWCA Civ 906   How do I order transcripts? You will need to send a completed “Request for Transcription of Court or Tribunal proceedings” form (EX107) to the lower court (see list below). The form can be obtained via HMCTS form finder at: hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do The EX107 Guidance Notes (EX107GN) explain what you have to do to order a transcript. You will have to order and pay for one copy of the transcript of judgment. When you have ordered and paid for the transcript and it has been approved by the lower court Judge, the transcribers will send it to you to include in your bundle. You should also send a copy of the transcript to the Civil Appeals Office as soon as you receive it. You must keep a copy for your own use.
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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.

      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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Hi all, firstly let me apologise for my complete lack of any knowledge whatsoever. I'm hoping I may be able to get some advice on, well, just about everything here!

 

After being hit with a cluster of charges at the end of last month I'm considering claiming my Smile charges back (I have calculated just over £500 in the last 12 months but 2 years ago, when I was made redundant, I know there was a lot, lot more) so I think it would be more than worthwhile, particularly as I'm literally struggling to buy food at the moment. I've read around the forum a bit but to be honest, it's fairly daunting and I don't really know where to start! I've noticed a lot of posts about claims being put on hold etc. Because of this, I guess my first question is: is it even worth starting a claim at this point? I've prepared one of the Data Protection letters so I'm ready to go (although who should I make the cheque payable to?) if it's going to be worthwhile.

 

I'm currently around £800 overdrawn but I live in my overdraft so if they were to cancel it I could be in major trouble. I'd also struggle to get another account with a similar overdraft limit due to my credit rating which is still hungover from my earlier redundancy and subsequent catching up. Are they allowed to cancel my overdraft while my claim is in?

 

It seems as though I really need someone just to hold my hand for a bit as this this 'getting a handle on finances' is a pretty new experience for me! Thanks in advance and apologies again for my complete ignorance.

 

Adam

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is it even worth starting a claim at this point? I've prepared one of the Data Protection letters so I'm ready to go (although who should I make the cheque payable to?) if it's going to be worthwhile.

Yes, the DPA SAR allows Smile up to 40 days to send back details of your charges, so the sooner you start the better. Make the cheque payable to Smile

 

Are they allowed to cancel my overdraft while my claim is in?

 

It's possible but generally they don't. If you open a parachute a/c, you could just walk away from Smile without repaying the overdraft which is probably less than the charges. Once they start chasing you for it, you merely tell them the a/c is in dispute due to their charges .
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