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Just circling back with a thanks and an apology. Apologies because, I honestly thought I'd replied to thank everyone and update, but turns out I hadn't. Sorry. So first of all, a big big thanks to the Forum and all those that helped me on this thread, especially @dx100uk and @AndyOrch. The work you do is awesome and I'm sure I'm only one of many who are extremely grateful for your support. So, in terms of a belated update, Moriarty withdrew, well they said ADCB did. So that's a result. Whilst that was a few years back, I still get emails from odd 'agents' locally in UAE - usually at a weekend - or reminders from ADCB. The sums offered by the agents for a settlement are a fraction of the sums that were claimed - like 75% less - so one would presume if one wished to settle, dealing direct with ADCB may be even less. If it helps anyone, what I would say is this. 1) Listen to the advice from the trusted sources on here. They know their onions. 2) It can seem overwhelming to a layman with all this legal jargon, but don't let it scare you. Just take it a step at a time, listen and learn as much as you can from other threads, and trust the process. 3) I was surprised how shambolic Moriarty appeared to be in my case. Don't ever think the other party is above you in terms of knowledge, experience or how they will conduct themselves. Whilst it was during the pandemic, even on the remote calls with the court, in one instance Moriarty didn't even bother attending the call. In other instances, they didn't reply to certain requests I made via court process. Finally, they just give up the ghost, and a few years later I received confirmation of discontinuance. I'm not saying my experience is/was/may be typical, but what I took from it was it simply came down to brinksmanship and them playing the percentages on their part. Play the long game, take good advice, there's nothing to be scared off and if it's anything like my situation, you may well win the day. The longer things went on, the more you will feel you're on the right side. Especially once it gets into all the process, form submission and involvement of the court, stick to your guns and follow the advice. It's nothing scientific, but if every case was like mine, it seems like these folks have the view that at some point, the defendant will crumble and give in, through fear or otherwise, so it's important to stay brave and keep pushing forward because the further you go, the more it will tilt in your favour. Play a straight bat and the long game. I've now come back to post due to another situation, different debt, and will start a new thread in due course. So keep your chins up, fight the good fight and good luck to all, and sincere thanks for all the help. -
By Bazooka Boo · Posted
The NTK needs to be redacted, your VRN is still showing. -
Hi, yes they swapped over after a brief period when the bank were sending something over. -
Fair enough. But I don't understand why they send these letters. Do people really get scared and end up paying them? -
By Man in the middle · Posted
That's a blessed relief. They would have been withdrawn because, as I said, they have no evidence that you were driving. That comes from the responses to the requests for driver's details which you failed to send. The important thing is that the speeding charges were laid. That makes life much easier (and far more likely to see a successful outcome). You need to make your SD and serve it on the court where you were convicted. The next you should hear is by way of a "Single Justice Procedure Notice" laying the four charges against you again. You will have three options (for each charge): Plead Guilty and do not attend court Plead guilty and attend court Plead not guilty You must plead Not Guilty to all charges. In the section headed “reason for not guilty plea” you can state that you will offer to plead guilty to the speeding charging providing, and only providing, the FtP charges are dropped. This is a procedure well known to all court users (prosecutors, magistrates and their legal advisors) and is carried out up and down the land daily. I’ll refer to it as “the deal”. Before the pandemic it was necessary to attend court to undertake this deal and speak to the prosecutor (the agreement of the prosecutor is required as the court cannot accept it without that agreement). However, during the pandemic courts aimed to reduce the numbers of people required to attend to an absolute minimum and most courts accepted a written request to do the deal. Local police prosecutors made an agreement with their courts that the magistrates’ legal advisors could accept the deal. In some areas this arrangement has carried on. In others they have reverted to the old process where attendance was required. So your offer of the “deal” with either be accepted in writing and dealt with under the Single Justice procedure or you may have to attend court. In either event it is important to emphasise that you will plead guilty to speeding only if the FtP charges are dropped. There may be slight variations to the process depending on how the individual area works but there is no reason why this should not be successful.
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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
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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.
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OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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