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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Badtimes123
      LC Asset/Link/Kearns Claim Form #1 - Halifax CC

      By Badtimes123 · Posted

      "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • whitelist
      Court Claim Timescales Question

      By whitelist · Posted

      Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • whitelist
      Accident at a Local Council Leisure Centre

      By whitelist · Posted

      Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
    • jk2054
      Returning online order issue. items from Just BB Guns - both not what i want or faulty - within 14 days.

      By jk2054 · Posted

      yes go on live chat and ask them to dispute the difference   jk
    • dx100uk
      Techzone Mobile Buxton Ltd (dissolved 2022!) - Bought a dodgy phone from their Market stall - says doesn't do refunds with a sign up!!

      By dx100uk · Posted

      get researching moneyclaimonline and start you particulars of claim proposals for checking dx  

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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.

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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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

CP Parking charge, Motorway service station.

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silverfox1961

silverfox1961

Posted
Posted

And another thing. The police will not get involved. This is a CIVIL matter not a CRIMINAL matter. The feds do not get involved with civil matters aside from preventing breaches of the peace.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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philfred

philfred

Posted
Posted

I too have had a begging letter fall on to my mat asking if I pay early it will be only £50 instead of £90.

A few things spring to mind here and they are:-

1 The letter has been sent to me personally, but was it me driving the car?

2 How do they know you received the letter unless it was sent special delivery and needed to be signed for

 

I have yet to see the letter as I work away from home but from what the wife tells me it shows my car in the picture but you can't see the reg number.

The reg number is separate but surely it should show the car with the reg number clearly visible on the same picture as you could just make it up as you go a long !

I thought it is only possible for bodies such as a council or the police to ask you to pay a fine.

Private parking such as those in service stations have free access into and out of them so how can they police such a scheme.

It seem's that by trying to do the right thing as the over head signs say (DON'T DRIVE TIRED, PULL OVER AND REST) when driving and pulling off and resting when you are tired i.e sleep to refresh yourself to ensure you are capable of completing your journey without putting other peoples lives at risk again costs you money.

I wonder what a reply from a judge would be when explained, I didn't pull off and rest as I was concerned that if I over stayed I would be fined and if so couldn't pay it so was forced to carry on and that is what caused the accident killing 7 people.

 

It's also interesting to know that other services parking are free no long how you stay.

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afcwben

afcwben

Posted
Posted
I thought it is only possible for bodies such as a council or the police to ask you to pay a fine.

Private parking such as those in service stations have free access into and out of them so how can they police such a scheme.

It seem's that by trying to do the right thing as the over head signs say (DON'T DRIVE TIRED, PULL OVER AND REST) when driving and pulling off and resting when you are tired i.e sleep to refresh yourself to ensure you are capable of completing your journey without putting other peoples lives at risk again costs you money.

I wonder what a reply from a judge would be when explained, I didn't pull off and rest as I was concerned that if I over stayed I would be fined and if so couldn't pay it so was forced to carry on and that is what caused the accident killing 7 people.

 

It's also interesting to know that other services parking are free no long how you stay.

 

you are right only councils and police issues fines. Thre judge would be very unhappy with you as you would not have been fined at the service station just given a begging invoice

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peanutsallergy

peanutsallergy

Posted
Posted
I too have had a begging letter fall on to my mat asking if I pay early it will be only £50 instead of £90.

A few things spring to mind here and they are:-

1 The letter has been sent to me personally, but was it me driving the car?

2 How do they know you received the letter unless it was sent special delivery and needed to be signed for

 

I have yet to see the letter as I work away from home but from what the wife tells me it shows my car in the picture but you can't see the reg number.

The reg number is separate but surely it should show the car with the reg number clearly visible on the same picture as you could just make it up as you go a long !

I thought it is only possible for bodies such as a council or the police to ask you to pay a fine.

Private parking such as those in service stations have free access into and out of them so how can they police such a scheme.

It seem's that by trying to do the right thing as the over head signs say (DON'T DRIVE TIRED, PULL OVER AND REST) when driving and pulling off and resting when you are tired i.e sleep to refresh yourself to ensure you are capable of completing your journey without putting other peoples lives at risk again costs you money.

I wonder what a reply from a judge would be when explained, I didn't pull off and rest as I was concerned that if I over stayed I would be fined and if so couldn't pay it so was forced to carry on and that is what caused the accident killing 7 people.

 

It's also interesting to know that other services parking are free no long how you stay.

 

To address the points you've raised, and why I don't think it's the right way to go.

 

1) If you are the registered keeper, you can advise them who the driver is, or you can choose to deal with it as RK.

 

2) If they can prove they posted it, you are deemed to have received it. Even if every letter in the chain goes missing, including all the court papers, and you lose by default, you can still challenge the bailiffs in person and re-address it.

 

The pictures don't particularly give you a get out unless you are going to deny you were there, and they falsified them.

The judge would probably advise you to plan your journey better, and include a rest break off the motorway, or at a hotel, after the PPC would put forward that they did offer you a limited amount of time for free, but set out a contract that offered you an extended time but for a fee, if you choose not to pay at the time, so either breach of contract, or a straightforward contract. You could claim it was unreasonable, but I've seen the judge accept the figures before.

 

Not many, if any services offer unlimited free parking.

 

Personally, I'd appeal, based on the pictures probably, then take it to POPLA, also requesting proof they have a contract to enforce parking on the site at that stage, unless you are going to lie in court and say it wasn't you, and hope they don't have any other pictures or witness statement to bring forward.

Compliant signage is also a good challenge, if it was incorrect.

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renegadeimp

renegadeimp

Posted
Posted

You are falling right into their trap. Hook line and sinker.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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philfred

philfred

Posted
Posted
No they can't. Only the PPC can take you to court and they will have to go through the usual hoops to prove that you owe them the money.

 

Received my letter of confirmation today by email stating they dropped the the parking fine against me.

Amazing what a little bull in a letter to them can resolve!

That's saved me the worry and the £50 fine

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renegadeimp

renegadeimp

Posted
Posted

Quick question. Have they ever referred to it as a fine in any of their letters to you? Or even on the ticket?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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DBC

DBC

Posted
Posted

You are falling into their trap. It's very unlikely that they will take you to court. Even if they did, it's the Small Claims court where you just sit round the table with a judge and the other parties. There is no dock or wigs or any of that paraphernalia you see in TV programmes.

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josszulc

josszulc

Posted
Posted

Read this response and is making me even more worried about what I'll do if it goes to court.

 

To address the points you've raised, and why I don't think it's the right way to go.

 

1) If you are the registered keeper, you can advise them who the driver is, or you can choose to deal with it as RK.

 

2) If they can prove they posted it, you are deemed to have received it. Even if every letter in the chain goes missing, including all the court papers, and you lose by default, you can still challenge the bailiffs in person and re-address it.

 

The pictures don't particularly give you a get out unless you are going to deny you were there, and they falsified them.

The judge would probably advise you to plan your journey better, and include a rest break off the motorway, or at a hotel, after the PPC would put forward that they did offer you a limited amount of time for free, but set out a contract that offered you an extended time but for a fee, if you choose not to pay at the time, so either breach of contract, or a straightforward contract. You could claim it was unreasonable, but I've seen the judge accept the figures before.

 

Not many, if any services offer unlimited free parking.

 

Personally, I'd appeal, based on the pictures probably, then take it to POPLA, also requesting proof they have a contract to enforce parking on the site at that stage, unless you are going to lie in court and say it wasn't you, and hope they don't have any other pictures or witness statement to bring forward.

Compliant signage is also a good challenge, if it was incorrect.

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josszulc

josszulc

Posted
Posted

I have, hence why I haven't responded to any of the letters that have been sent to me, but now I'm being threatened with legal action it's slightly different. Thanks for the continuing advice though as without it I would surely crumble!! :-)

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DBC

DBC

Posted
Posted (edited)

That "threat" is just part of the game. They don't actually mean it. They are hoping you will believe their stupid letter and cave in. That's how they operate. It's a matter of "who blinks first". If you hold your nerve then the PPC will just go away and try and fool somebody else into paying up.

Edited by DBC
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peanutsallergy

peanutsallergy

Posted
Posted
Received my letter of confirmation today by email stating they dropped the the parking fine against me.

Amazing what a little bull in a letter to them can resolve!

That's saved me the worry and the £50 fine

 

Congrats

 

What did you put in the appeal to win it?

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  • 2 weeks later...
philfred

philfred

Posted
Posted
Congrats

 

What did you put in the appeal to win it?

 

I put in the letter that my car had over heated and that I had to refill the system and found a perished hose which I had to repair then bleed the system again.

They take your picture going in and out but they don't know what your doing while your in the services.

I just gave them some bull and they dropped the charge against me.

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