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    • https://www.consumeractiongroup.co.uk/topic/466733-appeal-bundles-civil-appeals-parcel-delivery-firms/page/2/#comment-5259766  
    • Yes that would be okay anything to make it easy to follow the judge...as long as you have covered all the required in the link ...how you present it is for you and the more professional and easy for reference the better. 
    • A Discontinued Claim is regarded as never being adjudged. Incorrect I'm afraid and a defence would be Res Judicata not estoppel
    • Judgement can be requested...you can only get a default Judgment if there has been no acknowledgment of service. CPR 16(5) is with regards to the contents of a defence a response...no connection to what defines a default judgment. Andy
    • You are lucky because you are in London and there is a centralised and accessible appeals centre which also puts searchable results on its website. I've used them several times. Always turning up in person and was ruled in favour every time.  The link to the tribunal is https://www.londontribunals.gov.uk/eat First port of call is the local authority appeals process. I only had one from Islington, regarding a skip (not mine) blocking a space but they wanted me to pay for the meter it was parked on. Illogical, I know.  I found that the case you make to the council does not have to be the same as that made to the tribunal. The local authority almost never turns up on the day even if you have chosen to attend. Wear a suit and call the lawyer Sir or Ma'am.  As regards case preparation. The tribunal publishes results and summaries online. Have a read through and you may find cases that apply to your circumstances. The procedure is pretty well explained.  The adjudicators are often helpful. For example, I turned up with a folder of evidence about a bus lane. But the adjudicator spotted that there had been one failed delivery to keeper. Apparently the authority was not allowed a second attempt before proceeding to enforcement. But they did so, and the case was dismissed in thirty seconds.  Double check the council response. On one of mine Harrow put the wrong date and wrong location video for a bus lane. In another Kensington withdrew at the last minute because the parking wardens had been at lunch and didn't suspend a bay until after I parked. I made them pay £170 for my trouble.  On that last thing. You almost never get awarded costs even if it is uncontested or the council is wrong. But you have seven days to apply to the tribunal. (Check that in case it has changed)   
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.  

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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