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    • Hearing held today in court. I attended in person and Evri had an advocate attend on their behalf to defend their position that my contract is with Packlink and not with them. I also provided a copy of Evri's terms and conditions which explains that a contract is entered into when a parcel is sent with Evri. The judge pointed this out to the Advocate and agreed there is a contract between me and Evri under the Ts and Cs. The judge explained that while Packlink are responsible for organising the delivery of the item, it is Evri who are responsible for handling the goods and delivering them, and therefor Evri has a responsibility to handle the goods with reasonable care and skill. So am pleased to say the judge found in my favour. Hearing lasted about 75mins. Evri has been ordered to make payment within 21 days. Also nice to meet @jk2054 in person.
    • Good morning,    I just wanted to update you on the situation.    I have visits piling up with my current employment and they need doing before I finish at the end of this month.  I am moving to Wiltshire in 3 weeks for a new job helping care homes with their Dementia patients. I tried to work it out and at a guess I will be doing about 20-25,000 miles a year. So need a vehicle that can cope with that mileage, my old car would have done it easy but 🤷‍♂️ I have taken out a loan and got a friend to find me a reliable car that can cope with the miles and hasn't been written off in the past.   I phoned Adrian flux to see if I could use the last months insurance on a new car I have bought, the girl I spoke to phoned Markerstudy and asked them but they said no, my new car doesn't have any modifications.    I had an email from someone who saw one of my appeals for information, they live near the site of the accident and know a nearby farmer who has a security camera at his entrance that catches the traffic and specifically registration plates as he has been robbed before. They said they would reach out for me and see if he still has the data. Unfortunately it wont catch the scene of the crash.   The Police phoned me and said they were closing the report I made, even if they found footage of the vehicle at the time I said the actual incident would be my word vs theirs.  My first response was I am sure google maps would show that they turned around at that location which would verify my version of events, but upon reflection I do understand, I have seen people doing make up with both hands while driving, eating from a bowl steering with their knees and veering all over the place. I am sure some of these people go off the road and claim that someone forced them off.    Markerstudy phoned me yesterday to say that my car is now at Copart, the £80 tank of Vpower diesel was emptied on entry to the site for safety reasons, which I get but it sucks.  It is awaiting being assessed and shouldn't be too long, which is a relief.  I am really glad things do not seem to be going the way of the other stories and they seem to moving quickly.   However I was informed that my car was a structural write off before I bought it - this destroyed me, I was almost sick.  and this is going to affect any offer of money - after hearing the first statement this didn't affect me.   They need to wait for the assessor to check it over but it is highly likely to be written off and the maximum they can offer is £2300.  I was desperate for a car as I was working for an agency at the time, no work no pay, and did not do a vehicle check because I didn't know about them.  The seller did not tell me that it had been structurally written off, he told me that it had the front wing damaged while parked and was repaired at an approved repairer.  Markerstudy records state that it was sold at auction, no record of repair at an approved repairer.  I bought it bank transfer with hand written receipt.    It gets worse.    It turns out my airbags should of gone off. For some reason they are not working. I think we can figure out why.  If I had hit that car head on and had no airbags.    Some good news.    I can arrange a time with Copart to go and take my stereo equipment and any personal items that are left in the car only. I cant live without music and need quality sound, my speakers and amps are Hertz and JLaudio, (no I am not a boy racer with booming subs, I am an audiophile on a budget) I was really worried I wouldn't get them back so this is a huge relief for me. It is stuff I have built up over years of saving and collecting. Everything to do with the vehicle and mods I have declared need to stay to be assessed.   The accident has gone as a fault on my record, I have to remove 2 years NCB which means I still have some to declare which is good.  So it appears at this point that it may be resolved quickly, not in the way I was hoping, but not as bad as I presumed it was going to be based upon that tow truck drivers attitude and behaviour and the horror stories I read.   I am not going to buy the car back and try to make money with all the parts on it, I don't have the time or energy.   I may need an xray on my back and neck.  The whole situation has left me feeling physically sick, drained and I need it done.   The lesson learnt from this  -  My conscience is 100% clear, my attitude to safety and strong sense of personal responsibility - A rated tyres even if on credit card, brake fluid flush every year, regular checks of pads and discs, bushes etc, made avoiding what I believed to be a certain broadside collision possible.   Get a dashcam (searching now for the best I can afford at the moment)  -  Research your insurance company before you buy  -  Pay for total car check before you go and see a car and take someone with you if you are not confident in your ability to assess a vehicle.      Thank you to everyone here who volunteers their time, energy and information, it is greatly appreciated.  You helped my sister with some advice a while ago but we weren't able to follow through, she is struggling with long term health conditions and I ended up in hospital for a while with myocarditis, when I got out and remembered it was too late.  I am going to make a donation now, it is not a lot, I wish I could give more, I will try to come back when things are on a more even keel.    Take care
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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.

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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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give clampers a break!


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Or give them marks out of 10, Torvill and Dean style?

 

Torvill and Dean used to get marks out of 6 for ice dancing dafty

 

LOL! I knew it wasn't 10, but half of me wanted to go for 12.

 

My brain knew it was a multiple of 6!

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I'm not going to discuss any fees on here or anywhere else. I do not own the firm, i work for someone. I'm not charging, the firm is, nor am i collecting money. I do not set rates the local council give guidelines as to what they think is reasonable and the firms rates are not exceeding this.

You probably dont look for bad parking but if you did you would notice it is rife wherever you go. Council parking wardens can ticket you for a wheel on a line or out the box, i dont make the rules, i'm just here to enforce.

If at the end of the day my boss thinks i'm harsh then he can override, but every clamp gets backed up with photographic evidence, time and date stamped. Lets be straight here, if i saw a clamping in progress sign when i parked somewhere i'd make sure i read it and abided by what it said, saves a lot of problems does it not? and it's not rocket science to understand a wheel clamp sign even if you cant read, thats why symbols are displayed. They even make them in brail for blind people.

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I'm not going to discuss any fees on here or anywhere else.

 

what? Not even with the poor driver who you manage to get?

 

Lets be straight here, if i saw a clamping in progress sign when i parked somewhere i'd make sure i read it and abided by what it said, saves a lot of problems does it not? and it's not rocket science to understand a wheel clamp sign even if you cant read, thats why symbols are displayed. They even make them in brail for blind people.

why do blind peeps need to read clamping signs? Blind drivers I suppose?

 

Enforcement?

 

so you want to keep spaces open for the needy and prevent dodgy parking?

 

Clamping someone so they cant move to free up a space or tidy up the car park is really helpful.:cool:

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Lets be straight here, if i saw a clamping in progress sign when i parked somewhere i'd make sure i read it and abided by what it said, saves a lot of problems does it not? and it's not rocket science to understand a wheel clamp sign even if you cant read,

 

You're still avoiding the question as to how you can justify clamping for problems like being in a private car park in a bay marked for disabled or not parked correctly between 2 white lines, when clamping is only a remedy for trespass.

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I stated that blue badge abuse was 1 of the reasons, my main gripe being unable to get in or out of bays due to people parking so close and occupying 2 bays because they cannot be bothered to take the time and park straight in 1. It doesn't take long to straighten a motor, if i can do it, whats the problem??/ laziness or inconsideration for others i think. I dont get road rage but this gives me parking rage.

 

Surely if a space is too tight to get in, you'll just find another one, unless you are parking in places with only 3 spots!

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I'm not going to discuss any fees on here or anywhere else. I do not own the firm, i work for someone. I'm not charging, the firm is, nor am i collecting money. I do not set rates the local council give guidelines as to what they think is reasonable and the firms rates are not exceeding this.

 

What has the council got to do with clamping on private property? If you won't discuss fees then there must only be one reason for that.

You come on here saying clampers are given bad press and then you tell us sod all to make us think otherwise.

 

You probably dont look for bad parking but if you did you would notice it is rife wherever you go.

 

Surely 'bad' parking is bad because it impedes on others? It doesn't sound much of an impediment if I have to go hunting for it.

 

 

Council parking wardens can ticket you for a wheel on a line or out the box, i dont make the rules, i'm just here to enforce.

 

Councils have rules, are regulated and there is an appeals process. You don't operate under any rules (or I am lead to believe because you won't demonstrate otherwise).

 

If at the end of the day my boss thinks i'm harsh then he can override,

 

That's mighty good of him. Like that ever happens.

If he's that considerate, you won't be in this job for long.

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Having typed all that, I'm wondering if we're being taken for a ride here ;)

 

If so, congratulations on winding us all up. It's not Wayne by any chance?

 

If this isn't a wind up, I'm even more flabbergasted Mr Finger.

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Having typed all that, I'm wondering if we're being taken for a ride here ;)

 

If so, congratulations on winding us all up. It's not Wayne by any chance?

 

If this isn't a wind up, I'm even more flabbergasted Mr Finger.

 

If it is a wind up then I think it is a credit to the CAG members that strength of feeling is so great - it gives one hope that if targeted in the correct manner we can win against ppc [problematic] and their bunch of merry men. It's nice to be amongst a group of individuals who are prepared to stand by what is right.

 

If any clampers are reading this, be warned if you clamp my vehicle I will remove it and make you wear it for a hat and thats a promise.

 

For timmyfishfinger13 whoever you are, I hope your job makes you happy and wish you the best of luck in having to wrestle your partner out of your car when all those nasty awkward parkers attack - have you ever wondered that people might just be doing it to wind you up.

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

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If i was to clamp willy nilly and receive a lot of complaints, the sia could remove my badge. So saying it is not regulated is a false impression youve got from somewhere. All clamped vehicles have photographic proof backing the decision, before after and showing the signage. Receipts are given stating time, place, CLAMPERS BADGE NUMBER, and on the receipt are contact details of the firm should you wish to appeal. These are guidelines set by the sia and bpa. As for what has the council got to do with private parking, the fees they charge for tickets and clamping are what private firms should make their fees similar to. Extortionate fees can be contested, but if they are similar to the local council then they are acceptable according to the courts.

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clamping signs :eek: :eek: :eek: Quote > They even make them in brail for blind people.

 

no just which Council is setting fee's for Private Clampers

 

sorry my score is -5 out of 6

 

the word "troll" springs to mind

..

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I didnt say they are setting fees for private clampers, council sets fees for their own car parks, the private firms, so as to no appear robbing, use their prices as a guide. They dont have to but a significant extra cost could be seen as extortion and could be challenged.

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the whole thing of PRIVATE CLAMPING is extortion, its just the fact they use loopholes in england and wales to get away with it, BUT not for much longer, nor will the PPC's either their time is short,

 

none of these costs actually reflect the true loss caused

..

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what about the costs and inconvenience caused to the small companies/ pubs etc that have people parking on their private land and going elsewhere? where do the real patrons park then? if your car breaks down and you have no breakdown cover if you called a recovery firm it costs you loads, do you argue about the price as not being a true cost??? what is the true cost? ....ist a business like any other with overheads, vehicle expenses, operator fees, licence costs etc....£110 for a drain man to unblock my toilet last week for 10 minutes work, is that a true cost??? no probably not but the work was done and i had to pay, who regulates their prices???? was he licenced???

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Lots of shoulds, woulds, specious analogy and whimsical thinking. What if this, what if that, what if the other.

 

What was your point in starting this thread? What do you expect to get out of it?

 

Everything you post is ripped apart, because it is either inaccurate, inarticulate, or just plain incomprehensible.

 

It's tiresome.

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stop trying to blame others for the clamping [problem], its seems you want us to belive your justified in doing such a sick job , you might convince yourself , but you wont convince anyone on here with your reasons

 

plumbing , breakdown services etc, are legit services all be it what they charge may come into question sometimes, clamping and PP's are just vultures praying on loop holes in the law and the public's ignorance of their legal rights,

 

you have a job and its better than being on the dole, for that yes well done, but to say you did because of Blue Badge abuse ( no such thing on Private Land ) or peoples bad parking habits is very lame excuses to justify such a bottom feeder Job,

..

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My local pub used to clamp and charge a small donation to cancer research for release.

 

Unfortunately all the illegal and immoral clamping that went on meant they had to introduce the toothless Private Securities Industry Act which has probably outlawed that landlord's activity, and means that you have to be immoral and illegal to conduct a successful (ie. money making) clamping operation.

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We all have our opions, this is mine, fine if you dont agree with it. my point for the thread is that sometimes there is a need for a service which causes offence and people money, and whilst many may not agree with it the fact remains that some people ASK for this service.

If any of you smart people can come up with another way of enforcement that is not a disgusting job as was put earlier then fine, put it on the table, but i doubt you can or will, and more than likely that will get blown out the water and reduced to a disgusting job as well.

Thanks for all the comments, glad for the insite.

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We all have our opions, this is mine, fine if you dont agree with it. my point for the thread is that sometimes there is a need for a service which causes offence and people money, and whilst many may not agree with it the fact remains that some people ASK for this service.

If any of you smart people can come up with another way of enforcement that is not a disgusting job as was put earlier then fine, put it on the table, but i doubt you can or will, and more than likely that will get blown out the water and reduced to a disgusting job as well.

Thanks for all the comments, glad for the insite.

 

The moral of this thread is that you are never more than a moment away from an awkward parker lol. How sad Henry Ford would be to see that the beautiful motor vehicle can been reduced to a pawn in a battle between decent motorists and silly little men who put yellow triangles on your car. At the end of the day timmyfishfinger13 your view of wheel clamping is flawed. Also, beware I will be coming to a supermarket near you ready to park as awkwardly as I can next to you and your partner - did I mention I drive a Hummer H2 - that would eat your clamps for breakfast lol.

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

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i'm still waiting for a solution, or cant you give one???

obviously none of you park illegaly on private ground...you are to be congratulated!!

And whats with the attitude of " i'll park as awkwardly as i can next to you and your disabled partner"??????

I would just like to shop with my partner and be able to get in or out of my vehicle by using the space provided. whats the problem with that??

Do i have to put bloody spikes all over my car to enable me to do this??

I'm asking for consideration, obviously not something you lot worry about.

so again....has anyone a better solution??? 2ND TIME.

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i'm still waiting for a solution, The solution is for your trade to be regulated and for people in your trade to obey the regulations not decide that a fine of £200 to be payed if someone transgresses, or for a subsequnt fine of £400 to be applied if the car is illegally towed by said corrupt firm or cant you give one??? Yes i can everybody who drives should obey the rules of the road, however if people park on private land then it is down to the owner to ensure that the area is either A. cordoned off to stop this and only allow permit holders access or b. accept that there will be times when people use the land because it is there

obviously none of you park illegaly on private ground...you are to be congratulated!! - nope never done it, never had the need

 

And whats with the attitude of " i'll park as awkwardly as i can next to you and your disabled partner"?????? - I think you will find that that is a tongue in cheek comment to counteract your ridiculas notion that you are in this game simply to stop people parking in a manner that doesnt comply with your idealistic view of the world

I would just like to shop with my partner and be able to get in or out of my vehicle by using the space provided. whats the problem with that?? - no problem, we all would like it, but considering that most car parks were designed in the mid 70s and that since then cars have become considerably bigger it is then obvious that this will happen, so blame the car manufacturers

Do i have to put bloody spikes all over my car to enable me to do this??

I'm asking for consideration, obviously not something you lot worry about.

so again....has anyone a better solution??? 2ND TIME.

 

apart from the above, half of your points arguaments are all hot air and have no basis.

 

If you want to be a Clamper feel free, but please dont come on here and try to be holier than thou by using lame arguaments about peoples parking habits.

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And whats with the attitude of " i'll park as awkwardly as i can next to you and your disabled partner"??????

 

It will give you a taste of your own medicine; clampers, cause inconvenience and upset to thousands of often very vulnerable members of the community - you should know what that is like in my opinion. The only thing is that I would not actually do that because I would never sink to the level of a wheel clamper.

 

P.S. If we tell you our solution you will just take it for yourself and make even more money - were not stupid enough to pay mickey mouse parking tickets, we are hardly about to give away our highly developed solution to parking - we've code named it CAG1.

 

Spikes are a good idea - gives me something else to angle grind :D

 

TFT

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

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