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    • What you have uploaded is a letter with daft empty threats from third-party paper tigers.  Just ignore it. What we need to see is the original invoice you received last October or November.
    • 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.  
    • 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.  
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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.
      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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Excess charges


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I don't know. I just want to doodle with the idea.

However, if there is evidence that the envelope has been opened with a finger then it is unhelpful. I am interested in evidence of inadequate packaging or an unsealed envelope.

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I don't know. I just want to doodle with the idea.

However, if there is evidence that the envelope has been opened with a finger then it is unhelpful. I am interested in evidence of inadequate packaging or an unsealed envelope.

 

From experience, and knowing our postman, my opinion is that the envelope was not strong enough for the weight contained.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Received very prompt reply to my last. Additional DPA request is for records of all manual intervention. Lets see what I get.

 

David Just wrote:

 

Thank you for your e-mail dated 23 February 2006. I can also confirm that I have received your attached letter and am sorry to hear that you have been unhappy with my response to date.

 

Unfortunately I am unable to add any further information to my previous letter and can only refer you to the terms and conditions of your account. However, I respect that you have your own opinion about our charges.

 

Regarding my earlier response, I am sorry to hear that you received your statements in a damaged envelope. I am sure you will appreciate that this is beyond our control, since we rely on the Royal Mail, which we consider to be a safe and secure service to send items to our customers.

 

I am also aware that you tried to contact me by telephone on 24 February 2006 and I did try to call you back on several occasions. Unfortunately the line was engaged and I was unable to get through. Since this time, I have now received your further correspondence.

 

As a final point, you have made a request for information that we hold about you. As I am sure you are aware, I provided the copy bank statements free of charge, however, I would be grateful if you would forward a cheque for £10 to enable me to accept your further request, which will include statements for your Credit Card.

 

This letter is the bank's final response, which means that if you remain dissatisfied you may refer your complaint to the Financial Ombudsman Service. If you decide to pursue your complaint through the Financial Ombudsman Service you must do so within 6 months from the date of this letter. You can contact them at The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR. Telephone: 0845 080 1800. Website: http://www.financial-ombudsman.org.uk

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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I received telephone call from David James. Thanked him for prompt response. He called ref my request for info under DPA for records of manual intervention. He is putting request through - I will have to pay the£10. Only too happy if it produces something.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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County Court Claim filed and served.

 

can we have the details for the litigation section please.

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  • 2 weeks later...

Letter received detailing banks defence. Also an offer to seetle which I cann't discuss. Considering.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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One point that will be of interest - the bank wants me to go for 'an account review' which may be useful to consider whether alternative banking arrangements may be more suitable to my needs. In other words they'll close the account. Needless to say I will be heartbroken :Cry: but parachute account already opened and working :D

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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To serve the paper yourself, you have to issue at the court office, tell them it is DIY and then take the papers round to the bank.

You must then file an certificate of service within 7 days of the date of service - even if the court staff don't tell you about this or tell you that it is not necessary.

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Yes. I did as BF says. It's good for your morala.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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  • 2 weeks later...

Claim settled in full. Account downgraded. No debit Card. Will keep account open - all major transactions in parachute account in future.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Claim settled in full. Account downgraded. No debit Card. Will keep account open - all major transactions in parachute account in future.

Well done :-))

Have you completed the poll?

 

Last time I looked there was a dispiriting lack of Lloyds in the results

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Have completed poll. I know there have been other results and I'll try to chase up some people to post.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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