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Thanks all. Just by way of an update, I've emailed the supplemental WS to both the court and UKPC on Sunday evening. Had the following autoreply from UKPC, so not sure if anyone would look at it before Thu, is it worth calling them to see if they have received it? Dear Sir/Madam, Thank you for your email. Please be advised that we aim to respond within 28 days. Please note that we cannot accept appeals against parking charges via this inbox and the opportunity to appeal this parking charge has expired. Many Thanks, Litigation Team UK Parking Control Ltd -
Then wait with yours until you do but no harm in sending your first. Simply attach a covering letter stating " as per your directions dated xxxxxx claim number we hereby enclose our disclosure list N256 for your attention and look forward to receiving same by return -
Ok many thanks. I can see in MCOL which court it was transferred to but no communication/confirmation from that court yet. I will use the one that it has been transferred to as per MCOL which is our local one. I haven't mentioned any e-mails in the defence so will not add any to the list. I note the claimant solicitors references e-mails in their Continuation Sheet to their N244 application. If you think it is ok I will complete the N265 as mentioned in my post #204, and will send in the post tomorrow guaranteed next day 1st class with proof of postage. Is there any need for a covering letter or just send the N265 on its own ? We haven't received the N265 from the claimant solicitors yet. Thanks again for help and guidance and apologies for my questions about the filling of this form. Just anxious and was panicking a bit as work is so busy and I don't get much time. -
Good to know for the future. We called them last year to ask them to return the money but were told it was very difficult and would have to go through their office so didn't fully pursue which clearly we should have. We have received this reply: Is it worth pursuing with OFGEM / the ombudsmen or are we not going to get anything back? -
good work well done. dx
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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.
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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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