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


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    • gmlmonika
      PARKING FINE STANTED AIRPORT MCDONALDS

      By gmlmonika · Posted

      Please find attached 
    • lookinforinfo
      NPC ANPR PCN Claimform - Taxi - Appealed - No Parking Or Waiting At Anytime - St Thomas Hospital, London, Se1 7eh.

      By lookinforinfo · Posted

      Thanks for posting the CPR contents. i do wish you hadn't blanked out the dates and times since at times they can be relevant . Can you please repost including times and dates. They say that they sent a copy of  the original  PCN that they sent to the Hirer  along with your hire agreement documents. Did you receive them and if so can you please upload the original PCN without erasing dates and times. If they did include  all the paperwork they said, then that PCN is pretty near compliant except for their error with the discount time. In the Act it isn't actually specified but to offer a discount for 14 days from the OFFENCE is a joke. the offence occurred probably a couple of months prior to you receiving your Notice to Hirer.  Also the words in parentheses n the Act have been missed off. Section 14 [5][c] (c)warn the hirer that if, after the period of 21 days beginning with the day after that on which the notice to hirer is given, the amount of unpaid parking charges referred to in the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in full, the creditor will (if any applicable requirements are met) have the right to recover from the hirer so much of that amount as remains unpaid; Though it states "if any applicable ...." as opposed to "if all applicable......" in Section 8 or 9. Maybe the Site could explain what the difference between the two terms mean if there is a difference. Also on your claim form they keeper referring to you as the driver or the keeper.  You are the Hirer and only the Hirer is responsible for the charge EVEN IF THEY WEREN'T THE DRIVER. So they cannot pursue the driver and nowhere in the Hirer section of the Act is the hirer ever named as the keeper so NPC are pursuing the wrong person.  
    • FTMDave
      PARKING FINE STANTED AIRPORT MCDONALDS

      By FTMDave · Posted

      This is simply a scam site.  It's been shown to be a scam in the national press and on national TV. Please fill in the the forum sticky and upload the invoice you've received. In fact what you have is an invoice, not a fine, a private company doesn't have the power to issue fines.  
    • FTMDave
      PARKING FINE STANTED AIRPORT MCDONALDS

      By FTMDave · Posted

      Moved to the Private Parking forum.
    • gmlmonika
      PARKING FINE STANTED AIRPORT MCDONALDS

      By gmlmonika · Posted

      Good afternoon, I am writing because I am very frustrated. I received a parking fine from MET Parking Services Ltd , ( Southgate park Stansted CM24 1PY) . We stopped for a quick meal in Mcdonalds and were there fir around 30 mins. We always do this after flights and never received a parking fine before.  Reason: The vehicle left in Southgate car park without payment made for parking and the occupants southgate premises. they took some pictures of us leaving the car. i did not try and appeal it yet as I came across many forums that this is a scam and I should leave it. But I keep getting threatening letters.  Incident happened : 23/10/2023 I did contact Mcdonalds and they said this:  Joylyn (McDonald’s Customer Services) 5 Apr 2024, 12:05 BST Dear Laura, Thank you for contacting McDonald’s Customer Services. I’m sorry to hear that you have received a Parking Charge Notice following your visit to our Stansted restaurant.   We've introduced parking restrictions at some of our restaurants to make sure there are always parking spaces available for customers.   We appreciate that some visits such as birthday parties or large group visits might take longer and the parking restrictions aren't intended to stop this. If you think your stay will exceed the stated maximum parking time then please speak to a manager in advance.   Your number plate is scanned by our Automatic Number Plate Recognition (ANPR) system when you enter our car park, and then again when you leave. If you have overstayed the maximum time allowed, you will not be notified straight away- a Parking Charge Notice will be sent to you via the post.   If you feel that a Parking Charge Notice has been issued in error, please contact our approved contractors who issued the charge in order to appeal the charge. Unfortunately McDonald's are unable to revoke parking tickets- the outcome of the appeal is final and cannot be overturned by McDonald’s.   Many thanks for taking the time to contact McDonald’s Customer Services.   Can someone please help me out and suggest what I should do next?  Thank you 

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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.

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

Count Court Claim received MBNA\Optima

vint1954

By vint1954
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vint1954

vint1954

Posted
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Posted
Hi Vint, sorry at work so no time to scroll.. was the defence an embarrassed defence?

 

Naughty about the witness statement.

 

S.

 

Hi Shadow,

 

Not realy an embarrased defence. Main defence was surrounding the DN, which was defective on date and requesting full ammount. There was a partial defence on the legibility of the agreement requested under CPR, which was unreadable. They have supplied nothing more but confirmed that the Original does not exist. It was a flyer application form, that could not have had terms on the reverse.

 

Vint

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citizenB

citizenB

Posted
Posted
Hi Shadow,

 

Not realy an embarrased defence. Main defence was surrounding the DN, which was defective on date and requesting full ammount. There was a partial defence on the legibility of the agreement requested under CPR, which was unreadable. They have supplied nothing more but confirmed that the Original does not exist. It was a flyer application form, that could not have had terms on the reverse.

 

Vint

 

Would Harrison v Link come into play there ?

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AndyOrch

AndyOrch

Posted
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Hi Vint responding to your PM.

 

Have you asked the Court for a copy of their application/WS there may be a small fee, they should have served you a copy anyway as the application must be made on notice to enable you to respond.

Are you aware of any time frame, how do you know they have made application?

 

 

Andy

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vint1954

vint1954

Posted
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Hi Andy,

 

Thanks for your quick response.

 

I have written and asked their Solicitors for a copy and have coppied my local court in.

 

I was made aware of the application, by Northampton sending me a note to say that the case had been transferred to local court for lifting stay, SJ & strike out of defence.

 

I have heard from my local court today, with notice that the stay has been lifted, with an SJ hearing in 2 months. No other details on the N24, save that they refer to documentation filed.

 

Vint

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AndyOrch

AndyOrch

Posted
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Ok well its vital to get hold of that application and any supporting WS. I will run through your thread when I get chance in the meantime it may be an idea to request the Site Team to move this to Legal.

 

Regards

 

Andy

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vint1954

vint1954

Posted
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Ok well its vital to get hold of that application and any supporting WS. I will run through your thread when I get chance in the meantime it may be an idea to request the Site Team to move this to Legal.

 

Regards

 

Andy

 

Thanks Andy

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AndyOrch

AndyOrch

Posted
Posted

Start to read up on this Vint you will base your objection along this CPR:-

 

 

 

3.4

The application should be made in accordance with Part 23 and should give the reason for the applicant’s delay in proceeding with or responding to the claim.

(Paragraph 8.2 of Practice Direction 6A contains provisions about service by the court on the claimant of any notice of funding filed with a defence.)

 

Regards

 

Andy

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citizenB

citizenB

Posted
Posted

Yes, Harrison was the Claimant :)

 

I am sure there is another one.. I will try and find some details.

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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vint1954

vint1954

Posted
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I assume that if I am reading this correctly, I can apply to have the stay reimposed under Part 3.4 and 23.7

 

Service of a copy of an application notice

23.7

(1) A copy of the application notice –

 

(a) must be served as soon as practicable after it is filed; and

 

(b) except where another time limit is specified in these Rules or a practice direction, must in any event be served at least 3 days before the court is to deal with the application.

 

(2) If a copy of the application notice is to be served by the court, the applicant must, when he files the application notice, file a copy of any written evidence in support.

 

(3) When a copy of an application notice is served it must be accompanied by –

 

(a) a copy of any written evidence in support; and

 

(b) a copy of any draft order which the applicant has attached to his application.

 

(4) If –

 

(a) an application notice is served; but

 

(b) the period of notice is shorter than the period required by these Rules or a practice direction,

 

the court may direct that, in the circumstances of the case, sufficient notice has been given and hear the application.

 

(5) This rule does not require written evidence –

 

(a) to be filed if it has already been filed; or

 

(b) to be served on a party on whom it has already been served.

 

Vint

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Ganymede

Ganymede

Posted
Posted
I have also not been able to find anything on time limits in relation to lifting a stay.

 

25 months seems excessive.

 

Vint

 

 

 

That's because there isn't one. It's at the discretion of the DJ.

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asokn

asokn

Posted
Posted
That's because there isn't one. It's at the discretion of the DJ.

 

To add to the above, it's not at all unusual for claims to be stayed for years and then be proceeded with. Ultimately you have suffered no real prejudice by the delay and have taken no steps to lift the stay yourself so I'd be surprised if the application was refused. In my opinion you should be focus your time on the substantive application for summary judgment; that is much more of an issue.

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