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By PCNWarrior · Posted
Sorry I don't understand the request, do the sticky too? -
The Alice in Wonderland logic is that as you weren't using the local business - Starbucks - you were supposed to pay to park. You're right, the whole thing is a scam, and has been shown up to be a scam in the national press and on national TV. We have about 140 cases for the site. Despite all their huffing & puffing MET have only started court action in seven cases. In not one have MET had the bottle to take the matter to a hearing though, so far they've discontinued when the Cagger defended. They obviously don't want their scam to be exposed in court. Sure, you can pay £60 and the matter will go away. We would prefer you paid £0 and fought them though - we would support you all the way. -
By PCNWarrior · Posted
Here is the attachment. img20240508_21222603.pdf -
By FightUnfairParkingTickets · Posted
OK thank you for amending -
By Malocclusion · Posted
thanks for the reply I'll heed all the advise. As much as I want to give them a piece of my mind and appeal, I wait and see how this progresses, I'm sure as u said the appeal whatever i say will be rejected. Its amazing how this car park is allowed to get away with it and how starbucks and mc Ds allow it Will keep you all posted, tahnks again
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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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