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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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    • FTMDave
      VCS SpyCar PCN now Claim Form - No Stopping - Bristol Airport

      By FTMDave · Posted

      Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • sprouting
      Breach of Wholesale Contract

      By sprouting · Posted

      The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • Littleted88
      PPM operator photos PCN - residential parking - 34-39 Magnolia House & 1-83 Cedar House Spelthorne Grove, Sunbury - on - Thames, Middlesex, TW16 7.

      By Littleted88 · Posted

      I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
    • Littleted88
      PPM operator photos PCN - residential parking - 34-39 Magnolia House & 1-83 Cedar House Spelthorne Grove, Sunbury - on - Thames, Middlesex, TW16 7.

      By Littleted88 · Posted

      I’m tempted to send a letter to the company outlining the reasons why I think their PCN is illegitimate. I guess will technically be an appeal.  Their documentation states they won’t discuss over phone, I also don’t want them to have my email address.    re signage on entrance, having looked at land registry, the whole road is private, and when you turn into the road off the highway, there is a sign on the lamppost about 20m in, again not noticeable and on the other side of the road.  I feel like I am in a difficult position with this, I understand that I may have a good chance of not having to pay, but at the same token the stress this is already causing me makes me feel like it’s not worth the £60!
    • FTMDave
      PPM operator photos PCN - residential parking - 34-39 Magnolia House & 1-83 Cedar House Spelthorne Grove, Sunbury - on - Thames, Middlesex, TW16 7.

      By FTMDave · Posted

      Well done with the photo. Of course the signage is insufficient.  PPM are not interested in competent management of a car park, they are interested in catching drivers out so they can issue their PCNs. For a start, according to their trade associations' Codes of Practice, they are supposed to have signage at the entrance. Any e-mail reply from the company and whether they will/won't/can/can't get the invoice cancelled?    

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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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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Parking on Private Land - Trespass Notice

andydakin
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DBC

DBC

Posted
Posted

But what is the actual loss? Not some hypothetical figure.

 

Could I ask you Spec1 what are your motives for registering on this forum and posting here. Are you connected to any private parking company, are you a lawyer or law student or are you just reading all this in books?

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Spec1

Spec1

Posted
Posted
But what is the actual loss? Not some hypothetical figure.

 

Could I ask you Spec1 what are your motives for registering on this forum and posting here. Are you connected to any private parking company, are you a lawyer or law student or are you just reading all this in books?

 

Please read my posts again, you do not have to prove loss in an action for trespass, the loss to the landowner is posted on the sign, this is what he will have to pay the company for issuing the notice,

I can not see why a Court would have a problem in awarding this loss to the landowner, as he has to be placed in the same position before the tort of trespass occurred. My motives are simple I am trying to point out you can continually attempt to talk about a subject where there are objections to actions, however if your action creates a damage in trespass which you have recieved clear warning not to do, it is an almost impossible to defend, that is where the problem lies,.

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DBC

DBC

Posted
Posted

So what are you. A PPC stooge, a lawyer or law student and why did you specifically join this forum to comment on this issue?

 

Regarding the loss. It has to be a true loss , not some figure plucked out of thin air.

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Old Snowy

Old Snowy

Posted
Posted
Please read my posts again, you do not have to prove loss in an action for trespass

Correct. However, unless you can quantify the loss caused directly by the trespasser then whilst you may well obtain judgment you are only going to be awarded nominal damages. The fact that a figure of £100 is posted on a notice does not transmute them magically into damages simply because they are there. You must be able to prove that this expenditure or loss was caused directly by the trespasser concerned.

 

Do you provide VAT invoices for the charges you levy?

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Spec1

Spec1

Posted
Posted
So what are you. A PPC stooge, a lawyer or law student and why did you specifically join this forum to comment on this issue?

 

Regarding the loss. It has to be a true loss , not some figure plucked out of thin air.

 

It is a true loss, what does it matter what I am, I thought you needed debate on this subject, what are you. I have knowledge of this subject, and if you commit trespass you will have almost no defence without authority. All figures are plucjked out of the air like unenforceable parking Notiice fees, which are contract penalties. What i am trying to tell you is private property is not yours or mine to give authority to trespass on, if a landowner does not want you to trespass and he can show the Court why that is you dont stand a hope.:violin:

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DBC

DBC

Posted
Posted

So if a put up a notice saying that if anyone wearing a red shirt walks up my driveway they have to pay me £200 it would be as valid as your so-called "damages" notice?

 

You also mention "contract penalties" and private parking companies. It's because they are penalties and not the true loss that they are unenforceable.

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Spec1

Spec1

Posted
Posted

In a nut shell Yes, even if you wanted them to hop across your land while wearing the shirt, if that is your conndition of use land why not ?

You must remember if you work on a building site you are required to wear high vis, and you fail to do so, although it is not a trespass it is a condition that you must adhere to, and although it not a trespass it is against the law not to, the same as trespass.

 

THERE IS ALMOST NO DEFENCE AGAINST TRESPASS, one can also accidentally trespass, that Is the landowners power and protection as the master of his land, the laws have been tested and tested, but one thing is for sure you will be up against it, if you take him on.

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Spec1

Spec1

Posted
Posted

Old Snowy,

 

This is not a damage to the security company, it is a damage to the landowner he can prove the damage that has occured by the action of trespass, which was warned to the trespasser before he commited the tort, no argument, that is fact.

 

If the landowner is VAT registered, and the trespassr remits the sum before the hearing he is areeeing to pay an out of Court settlement, he will be able to claim the VAT, of course you know at a hearing this will not be the case.

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DBC

DBC

Posted
Posted (edited)

You say you "know about these things", so just tell usl about your legal training and experience so we can all bow to your superior knowledge. On the other hand, if you are just making this up as you go along, we will know we won't have to believe a word you utter. It's as simple as that.

Edited by DBC
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Conniff

Conniff

Posted
Posted
Old Snowy,

 

This is not a damage to the security company, it is a damage to the landowner he can prove the damage that has occured by the action of trespass, which was warned to the trespasser before he commited the tort, no argument, that is fact.

 

If the landowner is VAT registered, and the trespassr remits the sum before the hearing he is areeeing to pay an out of Court settlement, he will be able to claim the VAT, of course you know at a hearing this will not be the case.

 

I'm a bit bemused here, what sort of 'damage' are we talking about, it sounds like physical ??

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Spec1

Spec1

Posted
Posted
No , it was yet another stupid answer from you.

 

Ohhh, now now, touchy touchy, stupidity is a way someone shows their true colours, like when they get caught get caught with their trousers down, or parked on another's property without permission.

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DBC

DBC

Posted
Posted
Ohhh, now now, touchy touchy, stupidity is a way someone shows their true colours, like when they get caught get caught with their trousers down, or parked on another's property without permission.

 

So you think your are correct and everyone on here is wrong. I ask again - just tell us about your legal training and experience so we can all bow to your superior knowledge. On the other hand, if you are just making this up as you go along, we will know we won't have to believe a word you utter. It's as simple as that.

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Coupon

Coupon

Posted
Posted
Ohhh, now now, touchy touchy, stupidity is a way someone shows their true colours, like when they get caught get caught with their trousers down, or parked on another's property without permission.

 

 

Showing your true colours indeed now.

 

All we are waiting for now is the old chestnut about 'how would you like it if someone parked on your drive?' Go on, let's have a laugh..

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Spec1

Spec1

Posted
Posted
Showing your true colours indeed now.

 

All we are waiting for now is the old chestnut about 'how would you like it if someone parked on your drive?' Go on, let's have a laugh..

 

Coupon

 

I am not going to get dragged into the old chestnut senario. I have joined to debate this subject, as yet I have not recieved any information to prove me wrong, Old Snowy has been a good source of debate, however the problem is the landowner will always have the right to protect his property from use of abuse. The hurdles that a trespasser will face in the future, as they have faced since the 13th century is, Courts will and must give the labndowner protection form interference to heir property, as without a remedy against a trespasser people will be given licence to abuse.

 

Of course I would not like another to park on my property, as I am sure the same would be for you. The issue is people with respect do not park on anothers property, respect is what all of us expect from another, surely respect to another, is what this forum is designed to achieve.

 

I have not attempted to debate on the rights of people, who trespass by mistake, trespass to another in relation to land is a touchy subject, as we all want to park where it is convenient or cheap, but conveniance and cost effectiveness is not necessarily lawfull, the old chestnut you take a chance, LOL

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Spec1

Spec1

Posted
Posted
You say you "know about these things", so just tell usl about your legal training and experience so we can all bow to your superior knowledge. On the other hand, if you are just making this up as you go along, we will know we won't have to believe a word you utter. It's as simple as that.

 

Ok you got me ime making it up as I go along, one can only hope, why don't you look it up for yourself, or work it out for yourself, looking at the subject locically should surely make you realise you will never have the upper hand with another's private property, there is to much protection against abuse, which you will never be able to defend. I suppose you could try it out and see what happens, you will though without a doubt be up against it.

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