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    • Below is my proposed letter of claim to Yodel. I would welcome comment.   Dear Yodel, Claimant x: claim for breach of contract loss of package xxxxxxxxxxxxxxx I am making a claim against you claim against for breach of contract relating to your loss of a package valued at £150.00. I refer to two webchats that I have had with your organisation following which I was advised that Yodel were not prepared to recompense me for my loss. This letter is being sent to in accordance with the Practice Direction on Pre-action Conduct and Protocols (the Pre-action PD) contained in the Civil Procedure Rules (CPR). In particular, I refer you to paragraphs 13 to 16 of the Pre-action PD concerning the court's powers to impose sanctions for failing to comply with its provisions. Ignoring this letter may lead to our my commencing proceedings against you and may increase your liability for costs. Circumstances leading to my claim against Yodel On 14 June 2024, I made a sale on eBay of a set of 3 Kirkland Signature golf wedges (‘the goods’) at a price of £150.00 plus £6.00 postage. I received payment from the purchaser via eBay and on 15 June I purchased postage from eBay’s Packlink. Packlink arranged the delivery of the package to the purchaser with Yodel. Having packaged the goods in wrapping paper, I delivered them on 15 June to the Shell petrol station on ……..and a tracking number of  xxx was given. Tracking showed that the package made it to your Leeds Depot on 15 June but thereafter the package went missing. The Purchaser had been advised that they were ready for collection at her local depot in Preston but they could not be located in Preston. I personally attended your Leeds depot where your helpful staff confirmed that the package had been scanned into that depot and was also scanned going onto one of your trailers (7DL 1436) bound for Preston but that thereafter the package was not scanned again and could not be located either in Leeds or Preston. Due to non-receipt of the goods, I was required to refund the buyer her £156.00. I have sought compensation via Packlink but they are only prepared to pay ‘basic compensation’ of £25.00. Through your webchat I have sought to make a claim against Yodel but have simply been referred back to Packlink suggesting that I do not have any rights against Yodel. You are referred to the The Contract (Rights of Third Parties Act) 1999 upon which I rely and which give me the right to sue on the contract just as if I was a directly contracting partner. I was a discernible beneficiary of the contract entered into by you with Packlink to deliver the package on my behalf. As the sender of the parcel I was somebody who was intended to benefit under the parcel delivery contract. In breach of contract, you failed to exercise reasonable care and skill to deliver the package to the purchaser but instead have lost the package. Given the scanning history of the package, it is likely to have been misappropriated whilst in your custody – a failure to take reasonable care to avoid such misappropriation.   My Claim against Yodel I wish to claim the sum of £150.00 being the value of the goods lost by Yodel   Relevant documents I enclose copies of the following documents that are relevant to this matter: 1.    A screenshot of the eBay sale of the goods and the tracking notes.   Alternative dispute resolution I am prepared to consider ADR.   I  look forward to receiving confirmation that accept liability for these matters, together with a full settlement of my claim, within [21] days of the date of this letter, namely by [DATE].] [In the absence of a full response by that date, I will issue and serve proceedings without further notice. Yours faithfully,    
    • I didn't know I had to go to the US. Were you there recently, TOR? I'm not sure you've been to London recently either. We know some 'average Americans' and I've asked what they think about things today, as it happens.
    • The scammers were posing as young women online to trick people into sending sexually explicit material.View the full article
    • To even ask that question you clearly haven’t visited anywhere in the USA recently The cesspit that is SanFrancisco Venice beach that no one in their right mind would visit  The open drug taking, crime, zombies everywhere (reminds me of Khans London) The Texan border towns flooded with illegals (The sole responsibility of Harris) And that’s before we get onto world matters  One sniff of Harris in the White House  and China will be into Taiwan Endless tax dollars being thrown at Zelenskyy for what reason? To keep killing Ukrainians? The average American hates it  The barmy Biden/Harris rush to net zero  Perhaps as President Trump can knock that lunacy on the head worldwide 
    • Their fees can go up with different stages of enforcement. They will almost certainly have charged the creditor the first stage (compliance) of £90 including VAT. This will be added to your bill though. Then they are allowed to visit with a view to entering into an agreement with you. They may charge £190 plus VAT for this plus 7.5% of anything over the first £1000. A second visit would trigger an additional fee of £495 plus VAT. Finally, they can visit with a view to removing goods for sale. They can charge £525 plus VAT for this visit plus 7.5% of anything over the first £1000. Not sure if these figures match with anything you have. You would need to ask which fees have been added. You shouldn’t have to pay the VAT. Hopefully, it isn’t a major issue given you won’t be dealing with the bailiffs.
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      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.
      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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Parking Eye - Help


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I have recently received a Parking Charge Notice (PCN) from a company called Parking Eye. They state that as I am the registered keeper of the vehicle in question I have to pay the PCN.

I have already informed them that I have not personally entered an agreement and that I cannot confirm that I was the driver on the date of the so-called offense.

They responded saying that my appeal had been unsuccessful and that I MUST inform them who the driver was at the time of the offense, if not then I am responsible to pay the charge!

Is this right and do I have to pay or can I shut them up with a threatening letter about harassment and tell them that I have no idea who the driver was. There is a picture attached to the PCN but I’d be impressed if anyone could prove it was a male or female driver, let alone whether I was the driver.

Please advise me of my next action as I have now received a Final Notice to pay the PCN.

Edited by MasterSkive
Correct grammer and speling. Helps when it makes better sense lol
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Its a speculative invoice and you can ignore any demands to pay, I wouldn't enter into any more dialogue with the numpties and let them move on to their next 'victim'. It is not a Penalty Charge Notice only police and council can issue them. Just look at the forums you will see they have no standing.

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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No contact Nothing, eventually after all the scary letters with RED ink they will give up, They may threaten court, they won`t, they would lose.

 

letters are just ink on paper whatever the words and they are a private company so they cannot fine you only ASK you for money just as I could!!!

 

can I have some too please!

 

Read more on here if you are worried, I did.

 

Ignoring them now??? Congratulations! You just won!

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I'm glad that everyone sings from the same hym sheet here. It's very reassuriing.

 

I've already had a good look round at the other posted private parking company issues. But i only felt the need to post my issue as i viewed a few posts stating that Parking Eye (PE from now on) was one of the most difficult to deal with. I guess that's just cos they dont give up.

 

It makes me wonder how (out of curiosity) they could enforce (this is hyperthetical) these charges. If they sent these out on the basis of lost income surely it cant be relevant. As the only loss of income they will have recieved would be the cost of posting the initial letter which i'm sure is just an automated resopnse.

In a sense they intiail loss of earnings would be pence! (still talking hyperthetically here, so bare with me) Could they then still persue further costs if i sent them a lonely £1.00 to cover they're costs to date :razz:?

 

Just entertain me on your thoughts on this.

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if you send them one penny they will hound you until you give them more. if their costs are say £1 how much are yours? £2? £3? so they owe you money lol

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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Back to business though.

 

So am i safe to assume that i do not have to provide details of the driver (not that i know who it was :wink:) and nor am i responsible for the charge if i do not?

 

 

And with your comment about my costs padja. I had included in my first and only response to PE a note informing them that any further action on my part would incur a cost chargeable to them if they choose to pursue any further. Charges would start at £250 then £100 thereafter. Shockingly this didn't perturb them.??

I'd love an opportunity to try and press these charges back on to them! :evil:

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"was one of the most difficult to deal with. I guess that's just cos they dont give up."

 

Where did that one come from?

 

I've had two separate requests from PE to contribute to their office tea kitty in the last six months - each consisted of an initial request, followed by a reminder about 7 - 10 days later, followed by........nothing, so don't worry about them.

 

Sit back, and consider the fact that their "appeal" hasn't been successful either, has it?

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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"Sit back, and consider the fact that their "appeal" hasn't been successful either, has it?"

 

Lol!

Thats got to be the most tempting phrase not to send to them.

 

Thanks for the support. Guess it's just a waiting game to see what pretty coloured fan mail they send me, if any.

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Oh yes MSkive!

 

You shouldn't send that to them, I wasn't advocating that you write to them, the word with these people is to ignore at all times!

 

But, if it were a totally different ball game, and the way to deal with them was to engage in correspondence, then treating their request as an appeal for money, in much the same way as they treat your letters as an appeal, and turning them down, [Ha! Ha!], would be OK.

 

You're doing the right thing, and the "right thing" is "nothing" - unless they come up with proper papers from HM Court system, [in which case you would get an avalanche of excellent advice from here]

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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So am i safe to assume that i do not have to provide details of the driver

Correct. The Registered Keeper is under NO obligation to provide the Driver information to anyone at all, other than to Police or Local Authorities.

 

if they choose to pursue any further. Charges would start at £250 then £100 thereafter. Shockingly this didn't perturb them.??

I'd love an opportunity to try and press these charges back on to them!

They aren't perturbed because they know there is absolutely no way in Law that you can enforce your speculative claim against them.

And they know this simply because they know they cannot enforce their own speculative claims.

 

"Goose and Gander"

- but that won't stop them continuing to pressurise you, trying to frighten you, into making a voluntary donation to them.

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