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Sorry, I expressed myself badly. Most people who come here are willing to go to court, but would prefer not to if at all possible. We have a tiny minority who are terrified of court, even though we point out that a civil court hearing is no more intimidating that a job interview. I was just pointing out that the more PCNs you get, the more money is in ir for the PPC, so the greater the chances of them doing court - which of course is damn obvious! However, what we tend to see in residential parking cases is that the PPCs are reluctant to start court claims because they know about Supremacy of Contract and they know their case is weak. But then when someone collects, say, five tickets, greed takes over and they rush off to court. So i just wanted to point out that that was likely to happen. Point taken that it is very hard to avoid getting their tickets. If you do end up in court in the end - which is probable - then the number of tickets will not affect the judge's decision. Either you have Supremacy of Contract or you don't. -
To be honest, the 1st time I noticed the £20 offer was in the pack I got by email -
By Badtimes123 · Posted
Righto. I will contact them, do I ask for the named solicitor? What do you think of stating: As a means to avoid further litigation, I would like to make the following offer of settlement: A Tomlin Order for £6500 (which is the amount they randomly mentioned at the start of mediation). Lump sum of £1500 and 96 months of £52ish In the meantime, should I submit a WS for this claim given the looming deadline? -
By LouLouDev79 · Posted
Thank you so much for all of your help, I will amend my WS as you suggested and get it sent off this afternoon. Then I guess I just have to sit and wait until the hearing and hope I get a sympathetic judge on the day! -
Then that would be a point to verbally introduce at the start of the hearing when asked to speak...then go into your statement.
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
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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.
I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.
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A2Dominion - Housing Association property flooding - damning ombudsman report
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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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