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Thanks @FTMDave. I suppose I felt my defence would be that it was an honest mistake and even the initial £60 charges seemed unjust, let alone the now two £170's he is now demanding. There is no Justpark code for 'Sea View' and the first/nearest car park that comes up when you're in the Sea View car park is the 'Polzeath beach car park'. If I have to accept that I need to pay £340 to avoid the stress of him maybe taking me to court, then so be it. If people here advise me I don't have a case then I will just have to pay. -
What you've just written complicates things. No, the snotty letter now needs to be changed so don't rush and send something off just yet. We see you've done your reading up - well done - so you'll have seen we have several cases with our mate Kev. His MO is to hide signs in the undergrowth where no-one will see them, and ignore consideration & grace periods, so he can issue his invoices. His antics mean that motorists are legally in the right not to pay his invoices. And so far he hasn't had the bottle to do court. However, your case is different. As much as we despise Kev, you didn't pay for the private car park that Kev "manages" but instead gave the money to a completely different car park run by the council. In that case Kev does have the right to be miffed. I've just a mock booking for Sea View car park on JustPark and it works no problem. I think you have two decisions to make. 1. Do you want to do a chargeback with your bank to get back the £60 you paid? I did a chargeback about a year ago for the first time, i didn't have a clue what to do, but the regulars here guided me and everything was painless. 2. Although you are probably legally in the wrong and may have outed yourself as the driver do you want to refuse to pay Kev for the other two? If Kev won't do court then after all his bluster you'll be in the clear. However, as there are two tickets involved (potentially three if you go for chargeback) Kev's geed might win over his lack of backbone and he may go for court. There's no easy solution. Your choice. We will of course support you all the way with what you decide. -
Ok thanx I keeping coming across this term “ holding defence”. Can someone explain what this is. Thanx. -
Thank you @lookinforinfo and @FTMDave. The car park I paid for by mistake instead of this one was Cornwall council, not Alliance. Will the letter still be ok in this instance? Thank you so much again for your help. When you open the Just Park app in the Alliance car park (Sea View) the first car park that comes up is Polzeath Beach. Both car parks are on the beach. The signs do not give a code for 'Sea View' anywhere. I also have not been able to find the landowner to complain. (not on land registry.) Please confirm whether above letter is ok to send, thanks again.
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By Consumer Lover · Posted
OK thanks, I noted them down when I checked the report - 3 have already expired, although if I'm adding the 14 days on then it'll be another week or so for those. The others are; end of July (so into August is that right?), end of August (these two are the big ones) and a couple of grand on Shop Direct at the end of November but seeing as this furthest one is Lowell and they have already missed those first 3 then I feel pretty safe with that one. Are these DN dates on the credit report that dates I should be looking at +14 days when their anniversaries come up this year as the time when I can be sure the debts are SB? I won't be rushing to send the SB letters anyway until the final one has passed and I can just do them in one fell swoop.
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Hello,
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.
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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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