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    • Oh I see! thats confusing, for some reason the terms and conditions that Evri posted in that threads witness statement are slightly different than the t&cs on packlinks website. Their one says enter into a contract with the transport agency, but the website one says enter into a contract with paclink. via website: (c) Each User will enter into a contract with Packlink for the delivery of its Goods through the chosen Transport Agency. via evri witness statement in that thread: (c) Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency I read your post at #251, so I should use the second one (and changing the screenshot in the court bundle), since I am saying I have a contract with Evri? Is that correct EDIT: Oh I understand the rest of your conversation. you're saying if I was to do this i would have to fully adjust my ws to use the consumer rights act instead of rights of third parties. In that case should I just edit the terms and stick with the third parties plan?. And potentially if needed just bring up the CRA in the hearing, as you guys did in that thread  
    • First, those are the wrong terms,  read posts 240-250 of the thread ive linked to Second donough v stevenson should be more expanded. You should make refernece to the three fold duty of care test as well. Use below as guidance: The Defendant failed its duty of care to the Claimant. As found in Donoghue v Stevenson negligence is distinct and separate to any breach of contract. Furthermore, as held in the same case there need not be a contract between the Claimant and the Defendant for a duty to be established, which in the case of the Claimant on this occasion is the Defendant’s duty of care to the Claimant’s parcel whilst it is in their possession. By losing the Claimant’s parcel the Defendant has acted negligently and breached this duty of care. As such the Claimant avers that even if it is found that the Defendant not be liable in other ways, by means of breach of contract, should the court find there is no contract between Claimant and Defendant, the Claimant would still have rise to a claim on the grounds of the Defendant’s negligence and breach of duty of care to his parcel whilst it was in the Defendant’s possession, as there need not be a contract to give rise to a claim for breach of duty of care.  The court’s attention is further drawn to Caparo Industries plc v Dickman (1990), 2 AC 605 in which a three fold test was used to determine if a duty of care existed. The test required that: (i) Harm must be a reasonably foreseeable result of the defendant’s conduct; (ii) A relationship of proximity must exist and (iii) It must be fair, just and reasonable to impose liability.  
    • Thank you. here's the changes I made 1) removed indexed statement of truth 2) added donough v Stevenson in paragraph 40, just under the Supply of Goods and Services Act 1982 paragraph about reasonable care and skill. i'm assuming this is a good place for it? 3) reworded paragraph 16 (now paragraph 12), and moved the t&cs paragraphs below it then. unless I understood you wrong it seems to fit well. or did you want me to remove the t&cs paragraphs entirely? attached is the updated draft, and thanks again for the help. WS and court bundle-1 fourth draft redacted.pdf
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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.  

      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.

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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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HELP! I'm desperate!


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Reading the different threads on this topic I'm still not sure whether writing the "code 62" as "code 622" on a PCN invalidates it or not.

 

I have received a pcn which has the following wording,

 

.....(description/details of the car) was logged at 09:17 Issued at 09:23 on 02/10/2010 by Civil enforcement officer ......(number & sign) who had resonable cause to believe that the following parking contravention had occured.

 

Contravention Code 622

 

Parked with one or more wheels on or overa foothpath or any part of the road other than a carriageway (2wheels on footway)

 

Please can somebody help me on this.

 

P.S can somebody also tell me whether this code 62 is enforceable on Saturdays!

 

Thanks in advance.

Bobo Myseen

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depends on the signs etc

 

post google street view link to the road so's we can look.

 

there is also a good thread here on the subject of wheels on footway parking a few weeks back

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Agree with Bernie signs for footway parking are not needed. Footway parking is in basic terms the opposite of parking on the road, on the road you can park unless its restricted where as on the footway you cannot park unless its permitted. Signs should therefore indicate parking on the footway is permitted (its a small blue sign with a white car on it) if there is no signs there is no parking.

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Thank you all for your guidance. I could not get the exact zoomed in link of the street view so I printed it and have attached the pdfStreet view.pdf (please read the notes on the pdf)

 

As Bernie rightfully said and what I now understand that no signs are required within M25 (london) to prohibit footpath parking. Signs are required to allow parking.

 

If the pdf can be viewed you will see there is no such sign BUT It is a closed street where everybody parks on this particular pavement to allow plenty of space for cars to pass by. This is done to prevent any inconvenience to the passing cars which are mostly neighbours. Parking this way does not obstruct traffic in any way. But this seems to be a very weak grounds of appeal. I have actually been seeing cars being parked this way for atleast the last 6 years i.e. since I moved here. No warden has ever come in the street and it now seems being considerate has costed me.

 

Michael Brown - Yes Michael, you are correct the last "2" of the "622" is most likely for the number of wheels on the footpath and this is probably what the rejection of appeal might say. But it is actually the way it is written that causes the ambiguity.

 

Contravention Code 622

 

All in one line, no dash (62-2) or slash (62/2). Other examples of the same kind of PCNs on various other websites clearly only write code 62.

 

So if is there is no code 622 how can it be contravened (sounds strong grounds of appeal?) unless this is an acceptable way of writting the contravention in which case this would also be a weak ground of appeal. Any information guidence on this point?

 

Thanks

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The code is for convenience it is not even required on the PCN the required info is the description of the contravention ie parked on a part of a road that is not carriageway or on a footpath. The '2' is a suffix in the same way as 62g is parked on a grass verge there are never any dashes used between nor does there need to be.

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