Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • little old lady
      GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

      By little old lady · Posted

      Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • BankFodder
      Shock !!EVRI has lost my parcel PS5 - court claim issued

      By BankFodder · Posted

      I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Nicky Boy
      Shock !!EVRI has lost my parcel PS5 - court claim issued

      By Nicky Boy · Posted

      Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Nicky Boy
      GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

      By Nicky Boy · Posted

      Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • FTMDave
      Horizon ANPR PCN - overstay - Iceland Chester

      By FTMDave · Posted

      The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • 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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Zebbydog v Yb ***WON***

zebbydog
 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6279 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

zebbydog

zebbydog

Posted
  • Author
Posted

Just found this in Mercantile Forum regarding hearings in london on 24th of January

 

"Although some of these cases have been allocated to the Multi Track, it is the provisional view of the Judge that the costs rules for the Small Claims Track should apply to all of them"

 

 

So may be better to leave letter as it is

;) If this helps please click the scales bottom left
Link to post
Share on other sites
  • Replies 112
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

zebbydog

zebbydog

Posted
  • Author
Posted

WON:D

 

Today recieved an offer for the full amount claimed plus £220 court costs.But no interest.We are leaning towards acceptance for personal reasons that will become apparant when we attend the CAG do in Wakefield next week.Donation will be made when we have cleared funds

;) If this helps please click the scales bottom left
Link to post
Share on other sites
moss

moss

Posted
Posted

well done Zebby and congrats, :D it's heartening every time i see these bullies fail to make one of us back down, they must know now that we can't be stopped with lame scare tactics. So don't party too much and enjoy the winners circle

 

Regards Moss

Link to post
Share on other sites
zebbydog

zebbydog

Posted
  • Author
Posted

Thanks for kind comments and support folks. Letter going out tomorrow but holding on to discontinuance notice until funds arrive.I have reminded them that time is of the essence as I will have to submit court docs by the 30/1/07 and if they dont agree I will continue to court with the claim.For all those who are going to the do on friday, look forward to seeing you all:p

;) If this helps please click the scales bottom left
Link to post
Share on other sites
  • 2 weeks later...
zebbydog

zebbydog

Posted
  • Author
Posted

Well only a week to go before court now and nothing from YB despite writing to them to accept their offer. So CMS docs sent to court and a copy to Glasgow.They do like to b***er and take things to the wire.Well if its going to be court then its going to cost them a lot more as I have now added reasearch and preparation costs at £9.50 per hour to my CMS not to mention that INMHO this is an abuse of the court system and will be informing the court of this

;) If this helps please click the scales bottom left
Link to post
Share on other sites
newportorb

newportorb

Posted
Posted

Hiya, I got my court date 26th March, does anybody know if I should be doing anything Im a bit lost dont know if I just sit and wait or if I need to contact the courts an I notice a mention of submitting court docs I was under the impression I had done this do I have to do it again or are they different docs

Link to post
Share on other sites
caro

caro

Posted
Posted

I should think you might get a special delivery letter in the next few days Zebby. I got one with a cheque quite quickly after a fax rejecting the last offer and reminding them that court was looming.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites
caro

caro

Posted
Posted

True, but going on alymacs experience you might have a problem going to court if you are in the process of settling. I suggest you phone the court, advise them of the situation and seek advice on what you should do.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites
zebbydog

zebbydog

Posted
  • Author
Posted
True, but going on alymacs experience you might have a problem going to court if you are in the process of settling. I suggest you phone the court, advise them of the situation and seek advice on what you should do.

 

I think I will probably have to write a letter to the judge apologising for the delay even if they do pay before court.I will point out that this is due to YBs obstructive and unreasonable behaviour and abuse of the court process. Here is a copy of my acceptance letter.

 

Response to settlement offer.

Without Prejudice

 

 

Dear Sir or Madam

With reference to your letter of the 18/01/2007 offering 1.£3055 and 2.£220 court costs, total £3275.

I can confirm that I am happy to settle for this sum in full and final settlement of claim No 6QZ73633.Please find enclosed signed acceptance letter. I will also sign and return to you the notice of discontinuance and a copy to the court, when I have cleared funds in my possession. I would remind you that time is of the essence as I will have to submit documents to the court no later than 30/01/2007.I trust that this meets with your approval. If it does not then I will continue with my claim in court on the 7/02/2007 at the Leeds Mercantile court.

Yours Faithfully.

 

And letter sent last week.

 

With reference to my letter dated 21/01/2007. As I have yet to hear from you regarding this letter and the Court date is fast approaching, I now have to submit Court Documents. Please find enclosed a copy of my Case Management Information Sheet submitted to Leeds Mercantile Court.

 

 

Considering these letters, do you think i am still entitled to go to court.After all nothing has changed they havent paid me what I am claiming for?

;) If this helps please click the scales bottom left
Link to post
Share on other sites
caro

caro

Posted
Posted

You don't need the Without Prejudice. You only need to put that if you are saying something you don't want the court to know about.

 

As you are accepting this offer I think the court may see it as settled and you might be seen as wasting the courts time and in a worst case scenario you could end up paying costs. This is why I suggest you phone the court for advice.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites
zebbydog

zebbydog

Posted
  • Author
Posted

Having heard nothing from the bank despite accepting their offer over 2 weeks ago,I have just been in touch with the court and they advised if the bank hasnt settled by weds we should attend the hearing.

;) If this helps please click the scales bottom left
Link to post
Share on other sites
zebbydog

zebbydog

Posted
  • Author
Posted

Have spoken to Glasgow on the phone and they asked if I had recieved a cheque,when I said I had heard nothing in over 2 weeks,they said they would call me back today.We will see. Not holding my breath

;) If this helps please click the scales bottom left
Link to post
Share on other sites
zebbydog

zebbydog

Posted
  • Author
Posted
Zebbydog i have to have my court docs in by thursday is ther any chance you could advise me on what to put together as i want to make sure i get it right.

 

Thanks

Sid

 

 

Which court is it? and what have the court asked for?

;) If this helps please click the scales bottom left
Link to post
Share on other sites
sidney

sidney

Posted
Posted

The following Directions apply to this claim:

 

6) Each party must deliver to every other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than 4pm on Thursday , 8th February 2007.

 

 

Its at Teeside County Court but the hearing is not until April

Link to post
Share on other sites
zebbydog

zebbydog

Posted
  • Author
Posted

So it looks like you will have to provide all copies of any letters you have written to the bank and any replies plus schedules of charges and particulars of claim you filed with the court,you will also need copies of your statements.Also have a look at the court bundle in the library and decide what you are going to use out this.You then need 3 copies of eveything send one to court and one to the bank keep one for youself.

 

 

 

 

 

 

 

If this helps please click the scales bottom left :rolleyes:

  • Haha 1
;) If this helps please click the scales bottom left
Link to post
Share on other sites
zebbydog

zebbydog

Posted
  • Author
Posted

Well suprise suprise a nice chap called Graham from the bank called me and said the cheque was sent out on friday and if it did not arrivebytomorrow to ring him back. So will have to see what tomorrow brings :confused:

;) If this helps please click the scales bottom left
Link to post
Share on other sites
caro

caro

Posted
Posted

Oh zebby come on this is ridiculous. Sorry, I know it's not your fault. I was bad enough when my claim was settled 2 weeks before court, so I can only imagine how you must feel. My cheque was sent special delivery for guaranteed delivery by 1pm, but as I was at work there was a card for me when I got home, to collect a letter from the PO which I did next day.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites
zebbydog

zebbydog

Posted
  • Author
Posted

They couldnt even tell me if it was sent recorded special or ordinary post.Then the court tell me to attend if I havent got it by weds and yet tell someone else on the mercantile thread they can have a 2 weeks continuance :confused: Nothings ever simple.it has been a long hard road.the thing that really shocked me was the bank returning my call:o

;) If this helps please click the scales bottom left
Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...