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By honeybee13 · Posted
Hi. Is this a new parking event or have you posted about it before please? HB -
Hi folks, The keeper received correspondence today from DCBL. The keeper has received previous correspondence from (Possibly) Parking Eye and Debt Recovery Plus, all of which has been ignored with zero contact with either company. The keeper has moved house twice since the original PCN but has kept DVLA informed of every move and V5 updated accordingly. The driver recalls entering the car park but didn't see any signs indicating payment required. The drivers friend happened to be in the same car park a few days after original PCN was received. Friend is a truck driver and said there is a sign but at truck windscreen height. Driver was in a small vehicle and, due to being careful as to where they were driving, did not see the sign. Original paperwork has been lost while moving but keeper still has scans of paperwork from Debt Recovery Plus. Driver was on site for approximately one hour after a long drive and was resting. After having read previous cases on here, is it still safe to ignore? 1 Date of the infringement 15th September 2020 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Unsure 3 Date received A/A 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] A/A 5 Is there any photographic evidence of the event? Driver recalls there was a screenshot of the reg plate, but it wasn’t a very good one. 6 Have you appealed? [Y/N?] post up your appeal] No. Have you had a response? [Y/N?] post it up A/A 7 Who is the parking company? Parking Eye? 8. Where exactly [carpark name and town] MFG ESSO Cobham Gravesend DCBL 30:04:24 Redacted.pdf -
Got this via email yesterday rcs_Redacted.pdf -
Hi all, hope you can help. I've received a £4k repair estimate from the main dealer after my 2016 F30 330e developed the dreaded drivetrain error. The qoute is for a replacement cell module and associated labour and various bits and bobs to get it done. I initially had them investigate the issue when it first popped up a year ago. They replaced the auxillary battery which 'fixed' the issue for a few months before returning. Last Novemner the issue escalated to 'Battery not charging' which would clear after powering off the car , and disappear. Took it into the dealer and they diagnoised a faulty high voltage battery under the boot but could not do any work as they needed to schedule more cars for this 'specialist high voltage work'. So they said I could continue to drive the car until they got in touch when the car could be booked in for repairs. Roll on to April, the issue became severe (battery not charging error not going away, car in limp mode one morning) and car completly died at a traffic light same day (dashboard flashing all over the place), couldnt engage in 'Drive' and had to be recovered by AA to the dealer. Turns out car was now only running on the 12v battery in the boot and that had run flat as the hybrid function had stopped working altogether. My question is whether this is a reasonable estimate. Could this be done cheaper elsewhere? The dealer has servived this car from new hence took it them in the hope they'd not point fingers at any other party. Should I be paying for this at all since I raised the issue with them before it escalted and resulted in a now expensive fault? I also suspect the KLE may have gone too based on other posts, but the dealer hasnt qouted for that yet. I worry they'll' 'discover' that after I've already shelled out for a new cell module and end up lumbered with another bill to replace the KLE. Feels like I know about what they need to do than they do. The Service Advisor has been completely useless. Any advice would be greatly appreciated. -
The Petrol Station is Shell Garage Wickham (Hampshire ) Another person obviously had the same issue as they had called the garage previously-
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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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