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By lookinforinfo · Posted
Between yourself and Dave you have produced a very good WS. However if you were to do a harder hitting WS it may be that VCS would be more likely to cancel prior to a hearing. The Contract . VCS [Jake Burgess?] are trying to conflate parking in a car park to driving along a road in order to defend the indefensible. It is well known that "NO Stopping " cannot form a contract as it is prohibitory. VCS know that well as they lose time and again in Court when claiming it is contractual. By mixing up parking with driving they hope to deflect from the fact trying to claim that No Stopping is contractual is tantamount to perjury. No wonder mr Burgess doesn't want to appear in Court. Conflation also disguises the fact that while parking in a car park for a period of time can be interpreted as the acceptance of the contract that is not the case while driving down a road. The Defendant was going to the airport so it is ludicrous to suggest that driving by a No Stopping sign is tacitly accepting the contract -especially as no contract is even being offered. And even if a motorist did not wish to be bound by the so called contract what could they do? Forfeit their flight and still have to stop their car to turn around? Put like that the whole scenario posed by Mr Burgess that the Defendant accepted the contract by driving past the sign is absolutely absurd and indefensible. I certainly would not want to appear in Court defending that statement either. --------------------------------------------------------------------------------------------------------------------------------------------------------- I will do the contract itself later. -
Yes - ignore. Because of another MET victim today I looked at all our MET cases back to June 2014 ... yes, 10 years. They have never dared take a motorist to court and argue their case before a judge. They have started the odd court case, but as a means of trying to intimidate the motorist into coughing up, when the motorist defended and refused to give in it was MET who bottled it and discontinued. -
Unpaid wages should be pretty straightforward if you did the work. Don't be intimidated. You need only show you were due money, and did not get money. The risk is that they have no money to pay you (and legal fees) - frankly a solicitor maybe be costing them more than your claim is for and I might have expected them to make a commercial decision to settle before this point regardless of the merits of the case. -
Thanks so much FTMDave. This is so much better I'm still tempted to leave the blue section in is as if I lose it will at least save me a little bit of money. But I get your point that it's pretty superfluous. Thinking I'll get this in the post on Monday unless you think it's worth delaying? -
By FightUnfairParkingTickets · Posted
Hi All I have now received a Final Reminder, which I have attached. Can you confirm that I should still ignore this letter and take no further action. It does not appear to say "Letter of Claim" anywhere on the document but I just wanted to check with you all. Many thanks FightUnfairParkingTickets Parking Charge Final Reminder issued 29th May 2024.pdf
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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.
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 - Parking Charge Notice - Burnley - HELP
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