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By lookinforinfo · Posted
The fact remains that the original PCNs and NTHs contain details that, if wrong, can help your case especially when you are the hirer. You can be completely absolved from any claim by the parking scrotes. Yet you appear to throw them away despite having been told about their value from the first PCN you wrote to us about. We are doing our best to help you and you appear to be doing your best to thwart yourself every step of the way. 🤨 -
By LouLouDev79 · Posted
apologies, the file was too big, try this one Claimant bundle_.pdf -
where ? read upload guide carefully please dx -
totally powerless if they do a dca is not a bailiffs on any debt and have ZERO legal powers on ANY debt no matter what it's type dx
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By LouLouDev79 · Posted
Hi Please see attached pdf of the bundle of documents relating to the WS.
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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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