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By mystic_bertie · Posted
hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond. Ill get the docs scanned soon thanks. -
Dave, You're probably thinking along the same lines as me. The NTK says "The reason for issuing the charge notice is: Parking longer than allowed" From memory, I think one of their stupid rules is that if 'Bucks is closed, you're not allowed to park at all. -
By Ethel Street · Posted
jk2054 I don't think OP's father in law has died. He has dementia and has moved to a nursing home where he is still living. Because of his dementia he no longer has mental capacity to manage his own affairs so is unable to cancel the DD himself. Neither the OP nor anyone else has Power of Attorney so bank will not accept instructions from OP/OP's wife. OP is applying to Court of Protection for Deputyship and would then be able to cancel DD but that process takes time. finaldj, just a thought, loss of mental capacity can vary from day to day, it isn't an all or nothing thing. Any chance that if you drafted a letter for your FiL instructing bank to cancel DD he would be able to sign it on one of days when he was lucid enough to understand what he was signing? Or cancel via online banking if you help him do it (if you know the passwords to get him into it)? -
Yes, Nick is spot on. Also, can you remember if Starbucks was closed when you were there? I ask as I'm trying to work out what MET reckon you did wrong. -
Not sure about this, but as I understand it, when a court claim is issued, a validation check of some type is done on the defendat's address? If the address is outside jurisdiction, then a claim can't even be set up?
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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.
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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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