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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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      Excel/DCBL ANPR PCN - Appealed - 5minutes overstay - iceland gravesend

      By FTMDave · Posted

      I do disagree with you regarding one thing - we are not very good with letters or these situations and are slow on the uptake. So far you have stood up to Excel and their threats, immediately given us the information in the sticky, done loads of reading up to educate yourselves, learnt from the mistake of outing the driver so you'll know not to do so in the future, got on to the organ grinder to try to get them to call off their dogs, etc., etc.  Good grief - we wish everyone who came here would do this!!! Most people who get these invoices sadly think they have been fined and if they don't pay a drone from Ukraine will be diverted and will fall on their home (or some such vague grand apocalyptic threat) and they fold and give in.  You haven't.  Well done. Don't worry - you won't be paying a penny.  Although it will take some time to see off this vile company.
    • FTMDave
      PCM vanishing windscreen PCN - Royale Leisure Park - W3 (London)

      By FTMDave · Posted

      Spot on!  You learn quickly. Who cares if the case gets sent to debt collectors?  They have no powers.  All the effort you will have to put in will be to open envelopes - and then spend time laughing at their daft "threats".  No stress at all!
    • AllianceParkingHater
      Alliance Parking ANPR PCN (NTK now LOC) - Appeal Refused - 17min Overstay - Harlyn Bay

      By AllianceParkingHater · Posted

      I did ask them why, but seems they have more spare cash than we do .. ;-( .. I doubt their bank would even support a chargeback after a year has passed. Anyway I've constructed my first DRAFT Snotty Letter .. so here goes ..   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you had added. Shall we raise that related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding the ANPR entry / exit periods compared with actual valid parking periods. Especially with no consideration of the legally allowed grace periods and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the issues with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture more useless ANPR photos. We will of course be requesting “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Legal Counsel on behalf of the Vehicle Keeper.  
    • sprouting
      Moorgroup (Moorcroft?) on behalf of eBay

      By sprouting · Posted

      Hi,t I'm not sure if I'm posting in the right subsection but General Retail appears to be the closest to it I think... About a year and a half ago I got a new phone so I listed my iPhone 10 on eBay.  The listed stated 'UK only' and 'no returns accepted'. Considering I had had the phone for about 4 years, I myself was amazed that I had kept it in such good condition all that time - apart from being slightly scuffed around the charging port there was absolutely nothing wrong with it. It had the original box, its unopened original Apple cable, plug, and earbuds, and I threw in a case for it and It had always had a screen protector on it. Someone wanted it from Armenia, and I stupidly agreed to it.  She paid and I sent it off, fully insured. Not long after she received it, she sent a message saying it 'was not as described', so I asked to see photos of whatever was the problem.  She sent two photographs of the box.  Just the box.  I said I wasn't even going to consider refunding her unless she told me what she meant by 'not as described'.  I thought, if it's been damaged in transit, then it would be covered by the insurance. Anyway, she didn't respond at all, even though I had messaged her several times, so she opened a case with eBay. I have sold a fair few things of mine on eBay in the past buy had never had had anyone come back to me asking for a refund.  I got in touch with eBay several times by phone and by email, and found out they always side with the buyer, no matter what with their 'eBay Seller Guarantee'.  She had been told she could keep the phone and told me they would recover the money from me from my account blah blah.  So I unlinked all of my cards etc and changed my bank account to one that I never use with no money in it. My account got suspended.  I continued to try to explain to eBay that I had been scammed but I got nowhere. My account was permanently inaccessible by this point. I reported the phone stolen and the IMEI blacklisted but I'm not sure if that would make any difference being in Armenia, but it was all I could think of to piss the buyer off. A couple of months later I was contacted by email by a debt recovery company (I can' remember who now), to whom I explained I will not discuss the matter with them until I had received an SAR I had requested from eBay. As I could no longer access my account, I couldn't review the communication I needed to show I was not in the wrong. The SAR was produced but I was advised that the information I was looking for would not be included but I said I wanted it anyway.  There were so many codes etc. and hoops to jump through to access it, that even after trying whilst on the phone to them, I still couldn't get into it, so I never got to see it in the end.  I think they said they would send the code by post but they never did and I forgot about it after a while. I've just come across a couple of emails from Moorgroup, asking me to phone them to discuss a private matter regarding eBay.  I haven't replied or done anything at all yet.  The amount they are trying to recover from me is £200ish from what I remember. I know it's not that much but I don't want to pay the b*astards on general principle. I've had a lot of useful advice from CAG in the past about debt collectors but it has always been about being chased by creditors, I've never been in this situation before. I don't know what power they legally have to recover the 'debt', and most importantly, I am two years into a DRO, and the last thing I want is another CCJ to shake off if I'm cutting my nose off to spite my face.   Any advice gratefully received!!

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

employment tribunal advice please

davuck
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madari

madari

Posted
Posted (edited)

Hi,

 

In laymans terms judge Mummery [a leading circuit judge at the time]decided and came to a decision in the Selkent v moore case, which set a presedence where hardship is balanced with injustice.

 

And the above case is used as a yardstick in all ET decisions.

 

In otherwords you have got to base your`e argument around what hardship[in law] you would suffer if they were to allow your employers late response and also the injustice you would suffer if the ET were to allow their late response,and vice-versa.

 

I hope you get the drift,In the Selkent case Mr Moore was not going to suffer any hardship for his appeal failing as he already had a case for unfair dimissal and thats why he lost his appeal.

 

I hope you understand what i am trying to say.

 

Good luck.

Edited by madari
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  • 4 weeks later...
davuck

davuck

Posted
  • Author
Posted

hi again everyone, well i had my pre hearing monday as it turned out i didnt need to bother about trying to get the late response thrown out. The judge said he was going to allow it but then said to the respondant that means that i have two claims that they must defend ,.he went on to tell them to settle as any of my points could succede at the constuctive dissmissal and it looked as though i had been unfairly dissmissed anyway.

 

What a releif ,without doubt the most stressful experience in my life.

 

The only thing was he listed the case for next may, the other side wanted a one day case but the judge said its a three day case.

 

I have a question that im wondering if anybody knows the answer.

 

Im wondering the likely date they will settle ? will it be around next april or as the other side got told off by the court will they settle quicker rather later?

 

Many thanks for all the help previously.

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madari

madari

Posted
Posted

Hi,

 

Looks good, In answer to your question they may settle sooner rather than later.

 

But my guess is,if they are going to settle,( dont forget a three day trial is more costlier than a one day hearing)they will settle on the day of the hearing in May,which is in the legal field known as `Brinksmanship`.

 

That way it has a twofold effect, one,you are kept on your toes and under undue stress, two,and heaven forbid, you may have died come May,and they get off scott free.

 

These are all tricks of the trade so keep battling........ onwards and upwards.

 

Good luck.

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davuck

davuck

Posted
  • Author
Posted

Thanks maderi and neil conflicting advice lol but i know what you both mean. I had to stop myself from asking the respondant solicitor in the court to settle there and then !

 

What i was thinking was say they were going to drag it out with brinkmanship etc that would mean more expense to comply with the case management orders so my first thought was they would settle early then i thought of my ex boss someone who used to pay on the last possible day in the month and a bit of a ruthless dictator type so its possibly depending on who makes the final decision. Its an insurance policy cover with employment consultants that they have!

 

The best thing i can do is pray lol

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madari

madari

Posted
Posted
It would make sense for them to settle early however don't bank on it. It seems that you have a very good case.

 

Madari does seem at times to not give very good advice on here IMHO

 

My Advice is based on personal experiance, whats yours based on,personnal insult`s ?????

 

Please do tell...lol

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neil_tp

neil_tp

Posted
Posted
My Advice is based on personal experiance, whats yours based on,personnal insult`s ?????

 

Please do tell...lol

 

 

Question for you, have you an ET case going on now?

 

You give out alot of mis-leading info on this threads and you are still doing it.

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neil_tp

neil_tp

Posted
Posted
Neil if you think any particular advice is mis-leading you must say why you think that.

Simply stating that advice is wrong just creates arguments on a thread and the op gets no help.

 

Will do, but I have had dealings with that poster before.

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madari

madari

Posted
Posted
Question for you, have you an ET case going on now?

 

You give out alot of mis-leading info on this threads and you are still doing it.

 

 

Whats the problem neil, Royal Mail giving you a hard time are they????

 

If you think my advice is misleading then noone is asking you for your opinion or comments on my educated advice.[or are they?]

 

I am sure you are of the opinion that i have connections with your ex employer,hence the nasty comments.

 

You are wrong.

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neil_tp

neil_tp

Posted
Posted
Whats the problem neil, Royal Mail giving you a hard time are they????

 

If you think my advice is misleading then noone is asking you for your opinion or comments on my educated advice.[or are they?]

 

I am sure you are of the opinion that i have connections with your ex employer,hence the nasty comments.

 

You are wrong.

 

 

I will leave people to judge your posts themselves.

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davuck

davuck

Posted
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Posted

Hi again honeybee,

 

Thanks for intervening and calming down the argument lol. I feel as though I dont have the willpower to fight them if they do take things to next may.

 

Its just crazy, my employer sacks me with an unsigned undated letter, doesnt follow the three step procedure that was in force last feb when they sacked me ( I was told this was the legal minimum requirement by solicitor ) , then their representitives miss a deadline to respond.

 

We get to the court ,the judge tells them off ,tells them that I was prevented from returning to work and the respondants representitive even admits in front of the judge my employer prevented me from returning because " I had anoyed them" and he was appologising etc.

 

Straight after the hearing the respondants solicitor asked me about settlement, I told him what I wanted ( a quarter of my shedule of loss) and a reference and still he was unhelpfull. my parting shot was when he said he would be in touch i said "BET ITS AROUND NEXT APRIL"

 

my understanding is that even if it was next april or may they are within their rights and if say I did settle withut going to court that settlment could not be enforced by this new fast track system which is in place to enforce employment tribunal orders it can only be used to enforce actual orders made by the tribunal.

 

If my understanding is correct I would dearly love to force them to an early decision one way or the other.

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honeybee13

honeybee13

Posted
Posted

Sorry, I don't know the answer to whether you can force the issue, but someone will.

 

I can understand it's very draining and you probably want to move on with your life. The day will come, I expect, when the matter is resolved in your own mind one way or another.

 

My best, HB

Illegitimi non carborundum

 

 

 

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  • 1 year later...
helenj1965

helenj1965

Posted
Posted

Hi davuck, like you I am in the middle of filling in the form for a Case Management Discussion Agenda and I have been in tears with it. I am stressed out to start with, bringing my claims to Tribunal, and this form must have been designed for only Corporate Lawyers to understand. I have come to the same conclusion as you, fill it in to the best of my ability. I'm lucky in the way that I have a Union representing me and they will get a copy of this form, and suggest changes if necessary. But the whole business is really stressful, and I wish it was over. Good luck with your case.

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elche

elche

Posted
Posted
I told him what I wanted ( a quarter of my shedule of loss) and a reference

 

Hi Davuk,

 

I haven't read the whole tread, but if your schedule is realistic, AND your claim has merit, I would have thought 25% + an agreed reference is a good offer for them?

 

Was there any pre-claim conciliation with ACAS ; and if so, why not ring the conciliator, and ask him / her to contact R and formally offer this?

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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