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That is a superb WS. However, I have a few tweaks to suggest. In (2) "indicating" not "indication". I think to be consistent with your numbering, in (6) the Beavis case should be EXHIBIT 2. Do you really need to include over 100 pages of Beavis? I think that would be likely to annoy the judge. Just try and find the bit where they decide it was not a penalty due to having an interest in limiting the time that vehicles can stay. I'll have a look myself for this bit later as it's highly likely to be in WSs from PPCs who think that that paragraph means all their charges are valid always on every occasion. After your current (7) add this. It's always useful to refer to a judgment when making a legal point - 8. In the case PCM vs Bull, Claim No. B4GF26K6, where the Defendant was issued parking tickets for parking on private roads with signage stating “No parking at any time”, District Judge Glen in his final statement mentioned that: “the notice was prohibitive and didn’t communicate any offer of parking and that landowners may have claim in trespass, but that was not under consideration”. In (14) if my maths are right the CPR request should be "EXHIBIT 3". it is missing from your list of exhibits. In (16) the two figures should be £100 and £170. They are entitled to increase fro,m £60 to £100, they are not entitled to increase to £170. To make it clear for the judge I would write - 16. The Claimant has artificially inflated their claim for a £100 invoice to £170. This is simply a poor attempt to circumvent the legal costs cap at small claims. 17. The Claimant has also invented a second fictitious charge, for legal representative's costs, when they have no legal representative. You also need ot number your exhibits. The rest is excellent - well done. -
Did you ever think of walking away? Become bankrupt and in 12 months it'll all be behind you. My feeling is that you may well get nothing from the sale of the property anyway. Going by the date this thread started it looks like eight years of arrears, lender's costs and receiver’s fees on top. -
Just to clarify - I make use of evening legal clinics. It is not always possible to see a lawyer (they have limited time and days/week). This means questions one has may never get answered or there's weeks between follow-ups. To be really clear - I am representing myself; I am playing at being lawyer/ barrister - which means I take help wherever I can get it (and then research it thoroughly). Ae - a judge in a recent hearing pointed out the receiver is not part of my current proceedings - and suggested I have a separate claim v the receiver. Disclosure has presented damning evidence v the receiver The receiver against whom I have a complaint is not part of the receiver governing body. The receivership is in 2 names - a joint one. My complaint is directed at whom I was told is the lead receiver. The other named receiver IS a member of the governing body. But he has now left the company. And the lead receiver has retired - but is still a working consultant on my case. All the evidence shows it was the 'lead' receiver who was doing all the work/ the misbehaviour. But if the appointment was 'joint' would I make a complaint against them both? I am sure that wouldn't go down well with the other receiver who is at the beginning of his career. The law is very much against borrowers. But the evidence against this receivership is crystal clear. I just don't know how and to whom to complain. The places I've tried so far don't offer much transparency -
By PCNWarrior · Posted
Ok, noted, thanks again. I'll share details of every communication received just to make sure. -
Yes. I sent back the PAP form stating they hadnt supplied the correct paperwork and that pdf is what they sent back
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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.
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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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