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By Littleted88 · Posted
I thought the advice on this page was to not confirm who the driver of the vehicle was, as a lot seems to be pinned on that being a key point in my defence as the vehicles registered keeper? That said, whether I was driving or not, I was there, I met with some people who work for the company who own the land on an unrelated work matter. I'm assuming as the company are the freeholders of the land they would've engaged PPM to manage the parking? Else who would instruct them to do so and allow poor signage to be put up? But on speaking with the people from the company who I met, they said that they have also received PCNs before and could not get them waived, in future they suggest parking on the roadside instead. Which I think is very odd, which is why I wonder if they're not telling me the full story, and perhaps I was caught out deliberately. The company never made me aware of parking restrictions at this location prior to our planned meeting. Does this clarify the matter at all? -
By Laura Cooke · Posted
Fantastic Dave cannot show my gratitude enough it has took so much stress away will look later when I get some quality time -
By Mycathasfleas · Posted
As said so succinctly above, that's the options. Pleading not guilty runs a risk. However if you had a good and persuasive reason for misjudging the limits you may have a defence. I know of a couple of cases where councils have not cut foliage on village approaches in the north east . Dashcam might be useful. There's a well recognised 30 to 20 restriction in Gateshead just off a roundabout. Every Spring the sign is invisible. -
Thank you so much for your reply! It was really informational. I've never had a ticket before... -
No development guys, heard nothing from the court so far. Don't know how long I have to wait for this to be over.
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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.
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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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