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By lookinforinfo · Posted
To enlarge on Dave's post 58 about the Penalty section. there was a famous court case at the supreme Court between parking Eye and Mr Beavis. The Law Lords mused that by charging £100 there was a definite possibility that it was a penalty. The Lords then decided that as PE had a legitimate interest in keeping the car park well run , it wasn't a penalty. Therefore it follows that as the business was closed at the time of your visit being charged 3100 is a definite penalty as there is no legitimate interest involved. if a PCN is classed as a penalty the case is thrown out. Your one line statement and missing out "legitimate interest"may end up with Judges missing the significance of the situation, Once you mention legitimate interest they will recall the Beavis case and the mention of the Law Lords of the word penalty you strengthen your argument. And it is great that a motorist is talking about the Beavis case rather than the rogues. -
Morning All Natalie from P2G emailed me this morning advising they would update me as soon as possible. I responded as attached. 23Apr24 - email to Natalie of P2G with photos of cut package.pdf -
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I will read up on Witness Statements this week and look at some examples to understand the structure. I will attempt to draft one over the weekend but would appreciate any help or guidance. -
Thank you DX100uk. Your excellent advice has really helped again. The mortgage company we are speaking to have accepted that it is indeed a Restriction on our deeds. However, within the wording that Land Registry have recorded on our deeds an interim charging order is mentioned. The text from LR is as follows: RESTRICTION:- No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to Egg Banking Plc being the person with the benefit of an interim charging order on the beneficial interest of **** ***** made by the ***** County Court on 11 August 2007 I can appreciate what the mortgage underwriters are saying but I do not understand why interim charging order is mentioned when it is not a charge but a restriction. Please explain if possible. Thank you.
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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.
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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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