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By belleofstmark · Posted
This is essentially a shared area where there is some private parking but there is also customer parking for a shop that is labelled as customer parking with a time limit of 30 mins. A friend of mine also received a similar notice around the same time so I assume they are just trying it. The photo evidence doesn't really show anything as it is pitch black and shows an entry and exit less than the 30 minutes allowed in the customer parking spaces. -
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By belleofstmark · Posted
Which Court have you received the claim from ? WWW.MONEYCLAIM.GOV.UK / Civil National Business Centre If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS) Name of the Claimant : Claimants Solicitors: BW Legal Date of issue – 02/5/24 Date for AOS - 20/5/24 (submitted 16/5/24) Date to submit Defence - 3/6/24 What is the claim for – The Claim is for £170.00 due from the Defendant for an unpaid parking charge following a contractual breach which occurred on Sin the private car park/land at The Collective London Nw10 6Ff by the driver of registration mark, The private car park/land was lawfully occupied by the Claimant. The displayed terms and conditions offered the driver a contractual licence, were accepted upon entry by the driver, and subsequently breached. Driver's breach: Non-Permit Holder Despite demands, the parking charge remains unpaid. The Claim also includes £70.00 recovery costs as set out in the terms and conditions and in the ATA AoS Code of Practice. What is the value of the claim? 255.00 Amount Claimed 170.00 court fees 25.00 legal rep fees 50.00 Total Amount 255.00 Have you moved since the issuance of the PCN? No Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? No The Collective Parking Claim Form Redacted.pdf -
From their website. https://www.hp.com/gb-en/shop/faq.aspx?p=terms-and-conditions#consumer-customers 12. Effects of cancellation / withdrawal If you cancel your purchase in the timeframes outlined in section 10 (Your right to change your mind after shipment) above you will receive a full refund including the costs of delivery (where applicable) within 14 days from the date of cancellation, except as set out below. We will provide the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. Was it a change of mind, or faulty return? -
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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.
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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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