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By lookinforinfo · Posted
First, the Entrance sign does not mention anything about there being other terms inside the car park so does not offer a contract. so it only is an offer to treat. Second, the sign does say % hours free without mentioning that it is also the maximum time one can stay. it would be logical to presume that there would be a fee for staying longer-but not £100. Looking at the PCN-as usual it does not comply with the protection of freedoms Act 2012 Schedule 4. First it does not specify the parking period since their figure includes driving from the entrance to the parking space, then later driving from the driving space to the exit. Second it does not inform the keeper that the driver is expected to pay the charge Section 9 [2]] (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; What that means is that you as keeper are no longer liable to pay the charge-only the driver is. As anyone with a valid insurance can drive your car they will have difficulty proving who was driving especially as you haven't appealed. In addition the Courts should your case get that far, do not accept that the driver and the keeper ae the same person. So just relax and ignore all their threats even from their unregulated debt collectors and sixth rate solicitors. Just do not ignore a Letter of Claim if you get one of those-come back to us so that you can send a snotty letter. -
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also you should put 25 month year not in numbers -
section 4 tick yes - so they can't enforce whilst your appeal is being dealt with
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is met the standsted one?
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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.
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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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