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I don't think they even deserve a reply... We do have a solid case don't we?? Even though mum corgot the pop that time?? -
By marwoodmint · Posted
To start, my address both on my logbook and with the DVLA are correct. The first I knew of the bus lane fine was when a woman on another floor in my building posted a photo of a letter addressed to me but with her address on it, on the building's facebook group. I obviously recognised my name so contacted her. She said she'd been receiving these letters for me for months but only asked in the group if anyone knew me when the bailiffs were at her door. I contacted the debt collection agency and Manchester Council and was told to appeal. So I did and explained what happened said I was more than willing to pay the original fine but its now at over £400 and I would have paid straight away if the letters had gone to the correct address. Months have passed and I have just been told (with no reason) that my appeal was unsuccessful and I need to pay the full amount. Any help would be appreciated! It just seems so unfair! -
Exactly right Bank! I had an email this morning from HM Courts and Tribunals Service Civil Money Claims: Dear Mr xxxx Claim number: 527MCxxx Parcel2Go.com has been given an extra 14 days to respond to your claim. They need to respond to your claim before 4pm on 4 June 2024. Anyone would think you've been through this before! -
OK, understood. The second decision to make, given PE are wobbling, would be whether to reply to them (well after 8 May to show you're not scared of them), ridicule their offer which is no offer at all, and ask them to make a serious attempt to settle. You never know, they might offer a few quid as an out-of.court settlement and it might save your mum having to do court. Just an idea. Something to consider. -
If we are sure we have a valid case, she's ready to go to court. Her sister is going with to help with her hearing difficulties, so we might as well see it through!!
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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.
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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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