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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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    • BankFodder
      eBay parcel worth £265, booked via Parcel 2 Go, 'lost' by Evri

      By BankFodder · Posted

      Please will you upload the defence in a PDF format document
    • grumpy59
      eBay parcel worth £265, booked via Parcel 2 Go, 'lost' by Evri

      By grumpy59 · Posted

      Afternoon All - after 3 weeks of silence, this morning I received an email from HMCTS advising that P2G have rejected my claim. Decide whether to proceed Parcel2Go.com has rejected your claim. You need to decide whether to proceed with the claim. You need to respond before 4pm on 25 June 2024. Your claim won’t continue if you don’t respond by then. This is their ‘defence’ Their defence Why they disagree with the claim When choosing a service on the Defendants website, the Claimant chose to book their order with Evri and selected to take out £20 parcel protection which comes with the service. On the first page of the booking process, the Claimant entered the value of £265 for the contents and was offered parcel protection for loss or damages against their goods for £13.99 + VAT. The Claimant selected no, which then produced a pop up which explained 'We strongly recommend that you protect the full value of your item(s).' however, the Claimant still did not take this protection out and instead continued with the booking process. At the end of the booking process, the Claimant was offered this again which was refused and the Claimant continued with the booking by accepting the terms and conditions which re-iterates the information provided in the booking process. The parcel was sent, however, seems to be delayed in transit. The parcel finally started to track again, however, when delivered the parcel was empty with no contents. As such, the claim was re-opened and attempted to be settled for the £20 protection taken out in the booking process. This was refused by the Claimant as they felt they should be paid the full amount of the value entered when booking. Unfortunately, due to the refusal of the parcel protection in the booking process the Defendant is not liable to settle the claim to the value and only to the parcel protection taken out. The Defendant shall rely on the Terms and Conditions of carriage in particular section 9. The Defendant understands that the contents have not be handled with due care and attention, which is not being disputed, however, they are disputing the amount they are liable to. They have requested mediation, I’m sure not least to drag the case out even longer, but I can see no benefit to me in this and so shall reject it. As ever, I’d welcome your thoughts guys. g59   
    • blfuk1
      Bailiffs employed by private companies do not possess the authority to arrest, restrain, or detain individuals.

      By blfuk1 · Posted

      I doubt HMCTS holds any data on whether arrests by AEAs required police assistance.  They couldn't or wouldn't provide data on how many of warrants issued were successfully executed - just the number issued!  In my experience, arrest warrants whether with or without bail are [surprisingly] carried out with little or no fuss.  I think it's about how you treat people - a little respect and courtesy goes a long way. If you treat people badly they will react the same way. Occasions when police are called to assist are not common and, having undertaken or managed many thousands of these over the years, I can only recall a handful of occasions when police assistance was necessary. On one occasion, many years ago, I arrested and transported a man from Hampshire to Bristol prison on a committal warrant. It was just me and he was no problem. I didn't know the Bristol area (pre Sat Nav) and he was kind enough to provide directions - seems he knew the prison.  One young chap on another committal warrant jumped out of his back window and I had to chase him across several garden fences.  When he gave up (we were both knackered) I agreed to drive by his girlfriend's house to say farewell for a while.  I gave them a few moments and he was fine. The most difficult are breach warrants but mainly in locating the defendant as they don't want to go back to prison - can't blame them.  These were always dealt with by the police until the Access to Justice Act transferred responsibility from them to the magistrates' courts. The fact was the police did not actively pursue them and generally only executed them when they arrested someone for something else and found they had a breach warrant outstanding.  Hence the transfer of responsibility.
    • dx100uk
      Court Claim Timescales Question

      By dx100uk · Posted

      thats down to mcol making that option available for you to select, you cant force it. typically if there are known processing delays at northants bulk it will be atleast 14 days later if not more.
    • whitelist
      Court Claim Timescales Question

      By whitelist · Posted

      Thanks   Noting the day to apply for default judgement if necessary

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      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.

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      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.

Help appleaing Council Parking Ticket based on signage

TheWatcherxx99
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TheWatcherxx99

TheWatcherxx99

Posted
Posted

I've just received a council parking ticket for parking in a bay without a ticket. I was there all of seven minutes (went to answer call of nature).

 

I've just read that there is no "grace period" so I can't argue that I wasn't given long enough so I intend to appeal this based that the signage is in correct. After walking around the area the ticket was issue in I can see Pay and Display signs at the start of the white bays but nowhere can I see the times this is in force except for in tiny letters on the Pay and Display machines themselves. I will be happy to provide photos.

 

Do any experts think I've got a chance of appeal?

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TheWatcherxx99

TheWatcherxx99

Posted
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Posted

I have walked to the end of the street in question and two other streets also within this zone but there were no times displayed, this might be because I was I was still inside the parking zone.

 

I will go to where the zone starts and see if I can see any times. If none are shown can I appeal on that ground?

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Michael Browne

Michael Browne

Posted
Posted
I don't think the underlying CPZ restriction will apply by default to pay & display bays. They need a sign.

 

Yes, they need a sign to signify whether it is a P&D, Resident, Business or Multi-use bay, but will only require a timeplate as well if the times are different to the zone entry times.
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TheWatcherxx99

TheWatcherxx99

Posted
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Posted

Hello there thanks for the interest.

 

It is a Pay and Display Zone

 

The ticket was issued in Bank Square here is a street view link to the end of it.

 

Bank Square is within a parking zone therefore no times are shown on any signs and as I understand it times only need be shown at the beginning of any zone.

 

A few roads down the zone ends. Here is a link to signs as you enter the zone.

 

I've driven around a few roads (and as I live in the area) so I'm certain that no times are displayed either on signs, or lampposts, only on the P&D machines themselves.

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Jamberson

Jamberson

Posted
Posted

I am of the opinion that this is either a case of faulty signing, or if for some reason technically correct, is so vague as to be a winner at adjudication. If you drove past those signs, then arrived at the pay & display bay you used, I don't see how a reasonable, average motorist would know what the hours of enforcement are. That being the case, I think the signage is not clear and so the PCN (and presumably many others issued for the same reason) is not sound.

 

I say appeal - include the image of the zone entry sign, and state that there is no timeplate at the bay itself, and I think your appeal should win.

 

G&M's point about lack of times implying 24/7 is a fair one to make, but at odds with normal practice for p&d, and sufficiently unclear to still warrant an appeal even if that is the case - here we all are puzzling over it, and we known more than most about these things! More likely the council has failed to erect the appropriate signs.

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green_and_mean

green_and_mean

Posted
Posted
I am of the opinion that this is either a case of faulty signing, or if for some reason technically correct, is so vague as to be a winner at adjudication. If you drove past those signs, then arrived at the pay & display bay you used, I don't see how a reasonable, average motorist would know what the hours of enforcement are..

 

Surely that would apply in every CPZ, at least with a pay and display you can check the machine unlike yellow lines where you need to go back to the zone entry? I think if anything the lack of times on the entry signs is wrong I have never come across a pay and display zone but I'm sure its the same as any CPZ and the entry signs should be timed.

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Jamberson

Jamberson

Posted
Posted

I've never seen a pay & display zone either, but I'll go along with the idea that they exist. In any case, there have to be times stated on signs somewhere - either entry signs or local timeplates. If there's neither, the restriction isn't signed at all. I know that you can read it off the p&d machines, but that isn't a defence for the LA if the OP challenges the signage, so I think he has a winning hand.

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TheWatcherxx99

TheWatcherxx99

Posted
  • Author
Posted (edited)

Thanks for your responses. I'm very encouraged by them.

 

This appeal seems so simple that I'm looking for a reason to make it more difficult, but it appears the council have failed to erect proper signage.

 

Just to clarify one point: the hours of operation on the machines is 8:00 - 18:00 Monday to Saturday holidays. Nowhere round here is it 24hr Pay and Display so that cannot be the reason for the lack of times on the entry signs.

 

I plan to lodge my appeal today, however I have just two more questions:

 

-Is there an Act or rule relating to the Council's duty to provide time plates on entry signs which I can quote in my appeal?

-I'm am going to inspect all the entry signs at every entrance to this Pay and Display area. My question is this: if only one entrance to the area has time plates will that be enough for the council to reject my appeal. I think this question might be answered by the information I have asked for above.

 

Thanks for your time and interest I shall post my appeal and the result here.

 

P.S: I have just Googled my council's website on parking. It says this about it's parking enforcement:

"...The whole of Southport Town Centre is a controlled parking zone, where parking is only permitted in marked bays and a pay and display system operates. There are three zones and the parking charges vary according to the zone (please see details below). The zones are indicted by the tariff stated on the pay and display machines. Please refer to the on street pay and display machines for the times the zone is operational and the charges that apply."

 

So I guess more than ever I need an act or rule that to dispute the lack of entry time plates.

 

Thanks again.

Edited by TheWatcherxx99
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TheWatcherxx99

TheWatcherxx99

Posted
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Posted
Thanks for your responses. I'm very encouraged by them.

 

This appeal seems so simple that I'm looking for a reason to make it more difficult, but it appears the council have failed to erect proper signage.

 

Just to clarify one point: the hours of operation on the machines is 8:00 - 18:00 Monday to Saturday holidays. Nowhere round here is it 24hr Pay and Display so that cannot be the reason for the lack of times on the entry signs.

 

I plan to lodge my appeal today, however I have just two more questions:

 

-Is there an Act or rule relating to the Council's duty to provide time plates on entry signs which I can quote in my appeal?

-I'm am going to inspect all the entry signs at every entrance to this Pay and Display area. My question is this: if only one entrance to the area has time plates will that be enough for the council to reject my appeal. I think this question might be answered by the information I have asked for above.

 

Thanks for your time and interest I shall post my appeal and the result here.

 

P.S: I have just Googled my council's website on parking. It says this about it's parking enforcement:

"...The whole of Southport Town Centre is a controlled parking zone, where parking is only permitted in marked bays and a pay and display system operates. There are three zones and the parking charges vary according to the zone (please see details below). The zones are indicted by the tariff stated on the pay and display machines. Please refer to the on street pay and display machines for the times the zone is operational and the charges that apply."

 

So I guess more than ever I need an act or rule that to dispute the lack of entry time plates.

 

Thanks again.

 

Hi guys, I'm back. I'm really getting into this matter and have dug up the following on my own.

 

This link is to a diagram of accepted CPZ signs and it's variants. The sign in question is sign 663 and it must have a time plate at the bottom which: may be omitted where restrictions apply at all times - They only apply 8:00 - 18:00 in this whole area so I've got them haven't I??

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Jamberson

Jamberson

Posted
Posted

This is getting technical now. If the council website directs motorists to the p&d machines for the times, then the situation is probably not accidental. Can they post times on the machines and not on signs? I don't know - pay & display zones are rare - I've never seen one - so it's hard to know what the regulations might be.

 

I think it's worth fighting along the lines you suggest. Even if legally they can do this, it's sufficiently obscure to justify taking the case - you could end up with a winning ruling at adjudication. I wouldn't be surprised. And of course there's always the possibility that the signage is inadequate, as I initially thought.

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TheWatcherxx99

TheWatcherxx99

Posted
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Posted
This is getting technical now. If the council website directs motorists to the p&d machines for the times, then the situation is probably not accidental. Can they post times on the machines and not on signs? I don't know - pay & display zones are rare - I've never seen one - so it's hard to know what the regulations might be.

 

I think it's worth fighting along the lines you suggest. Even if legally they can do this, it's sufficiently obscure to justify taking the case - you could end up with a winning ruling at adjudication. I wouldn't be surprised. And of course there's always the possibility that the signage is inadequate, as I initially thought.

 

It is indeed getting technical, especially for my day off too. I've taken a stroll around the area and the times DO change, however there are no reminder times or notifications that new times are in place so it is on that basis that I shall appeal it

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