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    • I've sent the EX107 already and chosen a transcript company. The Court is dragging it's heels though with actioning the transcript of the judgement and approving it to the external company.  I don't yet have permission to appeal. It's small claims. As I understand it I can send the N164 within 21 days and just tick the box saying I don't have permission to appeal? And then the request to appeal will have been submitted in the timeframe, giving me a further 14 days to submit the appeal bundle and include the transcript of the Judgment with the appeal bundle? 
    • I've had a quick look. Are these your pictures or the ones from your customer? Certainly I can understand parcel to go say that they can't see any damage.  Also picture number one with the parcel standing out in the sunshine isn't going to be very helpful to you.   
    • nothing yes ignore everything totally  unless by a very rare chance one of them is a letter of claim with a reply pack wanting stuff like I&E etc. dx  
    • One thing I notice from the council rejection is that it states: 'The regulations require the suspension warning to be clearly visible. It is a large bright yellow sign and is erected by the parking bay on the nearest parking plate to the area that is to be suspended. Parking is then not permitted in the bay for any reason or period of time, however brief.' Then he states: Whilst I note that the signage may have been obstructed by a large van and generator at the time, please note, it is the responsibility of the motorist to locate and check the time plate each time they park. This will ensure that any changes to the status of the bay are noted. I would take from above that  he/she is admitting the suspension warning was not clearly visible?   Question for you Mycathasfleas Is it possible to pay the reduced amount first and then appeal the PCN afterwards using the tribunal?
    • Extending Appeal Time If a party wants more time to file its application with the Court of Appeal, it must seek an extension of time from the trial judge, either when the judgment is handed down or when requesting an adjournment of the hand-down hearing (so as to give it more time to apply to the lower court for permission). An adjournment in itself will not extend time. It is possible to apply to the Court of Appeal to extend time retrospectively, but this is treated as an application for relief from sanctions and therefore the three-stage test from Denton v TH White Ltd [2014] EWCA Civ 906   How do I order transcripts? You will need to send a completed “Request for Transcription of Court or Tribunal proceedings” form (EX107) to the lower court (see list below). The form can be obtained via HMCTS form finder at: hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do The EX107 Guidance Notes (EX107GN) explain what you have to do to order a transcript. You will have to order and pay for one copy of the transcript of judgment. When you have ordered and paid for the transcript and it has been approved by the lower court Judge, the transcribers will send it to you to include in your bundle. You should also send a copy of the transcript to the Civil Appeals Office as soon as you receive it. You must keep a copy for your own use.
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    • 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.
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      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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sootee50 no. 2 account - going for gold!


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Already on way with 1st a/c (doing moneyclaim on Tues).

 

Looking through my statements last night (for no. 2 account) - found that I'm 10 statements short (from 11/2000 to 09/2001).:mad: Do I request these again or "guestimate"?

 

Not online until Monday, as in library at mo and away for w/e.

Wanabee:cool:but easily :confused:ed!!

23/6 Data Protection Act + £10

6/7 Pam Speed ltr

7/71 yr sttmts (2nd a/c) Faxed auth. 4 £10m'fiche

9/7 Screen prints 1 1/2 mths 1st a/c/2 1/2 mths 2nd a/c

11/7 20 mths sttmts 1st a/c

25/7 DPA reminders

1/8 40 DAYS UP & NOTHING

5/8-8/9, 7/8 3 "sorry not happy"/"m'fiche not covrd"ltrs

9/8 IFO form & backup mat'l

10/8 LBA/calcs 2 Dawn Hoyle

CHECK COPY STMNTS - DON'T HAVE CHARGES AT FRONT

12/8 a/c info fm 2001

18/9 £505 GWP offer

26/9 Rej. ltr/7 days 2 court action (1st a/c)

10/10 Moneyclaim form online (1st a/c)

20/10 Ack of Serv rec'd

3/11 AQ 2 court

20/11 Abbey AQ @ court

4/1/2007 Preliminary court hearing due

30th Dec. 2006 REC'D FULL PAYMENT INTO BANK ACCOUNT - ABBEY's WITHDRAWN!!:D

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  • 2 weeks later...

Hi all

 

Ok, on my way now (as 1st account now with Moneyclaim) but got Qs regarding my statements on this account.

 

:-x shAbbey seem to have somehow forgotten to enter charges they put on my account between 2000 and 2003 regarding the following:-

 

17/07/2000 Returned DD

18/02/2000 Returned DD

03/07/2002 "Bill" payment

09/07/2002 Chq returned (Bill payment above?)

10/08/2002 "Bill" payment

16/08/2002 Chq returned (Bill payment above?)

06/01/2003 Regular payment

06/01/2003 Chq returned (Reg. payment above?)

31/12/2003 Returned DD

18/03/2003 Returned DD

18/11/2003 Returned DD

 

Should I put these in my estimate? They've already omitted to send a year's worth of statements from beginning of DPA request, although they sent the others all together!

 

ALSO:-

I have a strange one - the ATM gobbled back some money from me as I wasn't quick enough and it took ages to sort (as follows). Basically, I had to redraw money and they eventually put it back into my account. How do I and do I charge this?:-?

 

ATM cash 02/05/2002

Cleared 03/05/2002

Cash 04/05/2002

Overcash 07/05/2002

Cash 08/05/2002

 

Thanks.

Wanabee:cool:but easily :confused:ed!!

23/6 Data Protection Act + £10

6/7 Pam Speed ltr

7/71 yr sttmts (2nd a/c) Faxed auth. 4 £10m'fiche

9/7 Screen prints 1 1/2 mths 1st a/c/2 1/2 mths 2nd a/c

11/7 20 mths sttmts 1st a/c

25/7 DPA reminders

1/8 40 DAYS UP & NOTHING

5/8-8/9, 7/8 3 "sorry not happy"/"m'fiche not covrd"ltrs

9/8 IFO form & backup mat'l

10/8 LBA/calcs 2 Dawn Hoyle

CHECK COPY STMNTS - DON'T HAVE CHARGES AT FRONT

12/8 a/c info fm 2001

18/9 £505 GWP offer

26/9 Rej. ltr/7 days 2 court action (1st a/c)

10/10 Moneyclaim form online (1st a/c)

20/10 Ack of Serv rec'd

3/11 AQ 2 court

20/11 Abbey AQ @ court

4/1/2007 Preliminary court hearing due

30th Dec. 2006 REC'D FULL PAYMENT INTO BANK ACCOUNT - ABBEY's WITHDRAWN!!:D

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