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By Whyisitthis · Posted
Hello, firstly thank you for reading this. I know no one wants a long winded back story. So I’ll be breif. I entered a local store to buy some paint (which I did pay for) I am honestly not a bad person or a theif. Didn’t have a basket or trolly as was on my lunch break. Whilst picking up the three tubs of paint placed some masking tape in my pocket (it was hanging out of so I had every intention to pay) just didn’t have a hand free. Paid for my goods (forgot about the £4.39 masking tape) I’ve got so much going on and im not well at all (like I say no one cares I get that) also have autism so wasn’t thinking particularly like others do maybe (who knows my minds going around and around) I left the store after paying, was pulled back in by security. Asked for the tape which I gave immediately shook up. Gave them my ID and details. I was given some paper and told to expect a large fine in the post for their time and the tape and sent on my way. my questions are: I hardly ever go out without support so the ban I guess I can’t go there now for anything (their loss) - ok but is my photo going to be all over with my name? how much am I expecting in the post as a fine? I have sent them cash in the post recorded signed for delivery to arrive tomorrow (incident happened today) for my error. Their Address was on the bit of paper. i have read two posts on this page but they were from many many years ago so I hoped for updated advise please? -
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So should I send them a new SAR and put my date of birth on it? Or do I need to send them some proof? Driving license? -
By PhoenixCab · Posted
Thanks so much for your help!! I've emailed them, and when they reply saying they can't do it I'll reply and state my rights. I'm so glad I found this forum, and will read all of the posts I can find and help guides available for the future. Really can't thank you enough. -
utter BS, doesn't matter you signed it. pers i'd be writing as per the other threads here rejecting the car as not as described under CRA etc and be done with it. as its a debit card you could also do a full chargeback within 120 days to your bank and simply dump the car back to BMW. 100's of like threads to read here. get your ducks inline. make sure you know what you are doing and off you go. dont take any BS from BMW, no matter what you sign it does NOT remove your consumer rights. p'haps it might be on the off chance you are a good manager , a quick phonecall tomorrow saying you dont want it because (no bla bla fitted) it might be resolved in 5 mins..i will guess to date you not tried
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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
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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.
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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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