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By Laura Cooke · Posted
I have no paper work at present to share to CAG I was just taking your advice and practising how to scan and send things, I have followed the instructions on the link you gave me. But that go me nowhere as all it keeps saying is it has to be pdf and I found no way how to make things pdf. I assume I will not get any more paper work from the Court for sometime seeing as the online hearing is not till 25th June, I will keep trying to see how to do this pdf thing. I doubt any of my family will understand any of this anymore than I do but I am going to ask each of them, the only way I personally know how to black out personal details is with a marker pen all that link I have read I am no wiser, I have a family member abroad he might be able to help I will ask him if he knows how to get rid of personal details off paper work and change things to pdf. -
i would also inc this. the claim SHOULD HAVE BEEN STRUCKOUT, we dont usually see a defendant HAVING to request it. @AndyOrch can you look over the WS please dx -
or email them to me as you have been...
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In practice - forget about the theory - if you don't turn up you have a 0% chance of winning. However, all is not lost. It's perfectly possible that UKPC will bottle it when they get your WS. It may be telling that they have produced no WS. In post 45 you uploaded part of the court order. There will be the date they were supposed to pay the hearing fee by which I'm guessing was 18 April. Give the court a bell tomorrow and see if they have paid. -
By lookinforinfo · Posted
This is the exact extract from the Supreme Court ruling on parking Eye v Beavis which may, or may not, clarify the position 99. In our opinion, while the penalty rule is plainly engaged, the £85 charge is not a penalty. The reason is that although ParkingEye was not liable to suffer loss as a result of overstaying motorists, it had a legitimate interest in charging them which extended beyond the recovery of any loss. The scheme in operation here (and in many similar car parks) is that the landowner authorises ParkingEye to control access to the car park and to impose the agreed charges, with a view to managing the car park in the interests of the retail outlets, their customers and the public at large. That is an interest of the landowners because (i) they receive a fee from ParkingEye for the right to operate the scheme, and (ii) they lease sites on the retail park to various retailers, for whom the availability of customer parking was a valuable facility. It is an interest of ParkingEye, because it sells its services as the managers of such schemes and meets the costs of doing so from charges for breach of the terms (and if the scheme was run directly by the landowners, the analysis would be no different). As we have pointed out, deterrence is not penal if there is a legitimate interest in influencing the conduct of the contracting party which is not satisfied by the mere right to recover damages for breach of contract.
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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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