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By lookinforinfo · Posted
It is an interesting Final Notice. Firstly because there is usually a reminder Notice before the final Notice. Secondly because it contains some of the wording that should be in the original PCN [aka Notice to keeper]. It could be that the necessary wording in the NTK is missing so they put it in the Reminder Notice to cover their error. If they have it hasn't worked. But the only wat we will know if you post up the back page of the Notice to keeper along with the other details asked for on Post 8 . If they have got it wrong it means that they are unable to transfer the liability to pay the PCN from the driver to the keeper . I take it that you are the keeper and not the hirer? And do you know how long you are supposed to stay in that car park? In the past I have found Sainsbury's pretty good at cancelling PCNs for their customers. Take both PCNs in to the store and point out if you are a regular customer and that the driver spent a lot of money in their store and see if they could please do something with the ticket for you. if the manager can't help, then come back and we will give you their Head office and write to them. It is the easiest and quickest way to get the ticket cancelled. No point in appealing since that would mean they lose the chance to make any money out of you which is their whole reason for running the car park. If you cannot get Sainsbury to cancel then we rely on ECP getting things wrong so that you don't have to pay on a technicality or technicalities. For example if the PCN does not comply with the Act and the keeper is not then liable it makes it difficult for ECP to win should it go to court as so many people are legally able to drive your car and Courts do not accept that the driver and the keeper are the same person. Which is why we do need to see the questionnaire filled in and the rest of the NTK. Also it would be helpful to get photos of the signs in the car park. Ones that can be read by us, and the sign at the entrance as well as the inside ones especially those that are worded differently. Poor signage is another defence that works well and you will need a good defence should they decide to go to Court. -
Thanks for answer ref address/bank. Thought it wise to double-check. When I reply to them as per post #5, what should my reason for dispute be? " dispute this debt because..recommended reason as advised from your thread and add the debt purchaser has yet to provide any or all of the required documentation." -
Alternative is to access the video yourself, upload to YouTube or similar and link back here. Video will be accessible once you input your details into Wandsworth website: https://parking.wandsworth.gov.uk/pcn -
Yeah only £10 so may as well just get it done. When it comes to liaising with the police and bargaining before it hopefully goes to court. How does that happen? Via email? Phone call etc -
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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.
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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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