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By lookinforinfo · Posted
They have 6 years to pursue you. So throwing vital legal documents within a year seems a bit premature. -
By brassnecked · Posted
Yes travel plans should be changed if possible, as FTMDave says you would definitely lose if yo don't turn up, they have made such a mess of this they shouldlose hands down. -
By lookinforinfo · Posted
Should UKPC finally decide to go to Court you and your wife should attend and you can state that as you were driving and your wife is the keeper there is no case to answer. if they ask why didn't you appeal, you can truthfully reply that you were unaware of the law regarding the requirement for UKPC to have their PCN compliant with the Law until the appeal time had passed. And as you have subsequently found out, even when the keeper denies they were driving, so often their appeal is refused and the keeper is still pursued are pursued as the driver. of course by the time you admit that the keeper was not the driver you can say who was driving since they only have seven months to send out a replacement PCN so you are untouchable now. -
Thank you FTMDave. Just spoke to the County Court and the hearing fee WAS paid by UKPC. Does this mean I have to change my travel plans? -
Yes I only contacted you on this hospital charge at the claim form stage, I'd discarded the NTK months ago thinking they'd dropped it. In future I'll hold onto any NTK for much longer, although a year is a fair while, until it's obvious it's been dropped
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If you are buying a used car – you need to read this survival guide.
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If you are buying a used car – you need to read this survival guide.-
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
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Hello,
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.
Car was dirty and test drive was two circuits of roundabout on entry to the showroom. Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm. They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.
The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.
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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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