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    • As I say thanks for your responses so far but this forum is not for me. Please delete the thread
    • Incidentally, don't imagine that your reasoning above will make an iota of difference to Evri. In fact they are probably not even capable of understanding it. However, you must understand the reasoning. This is essential because you will be bringing your case. It is highly likely that it will go to trial and you will have to have sufficient control over the law and the logic to be able to put it to the judge in a persuasive manner and also to answer the judge's questions in a competent fashion. You will have to issue a legal action so once you have sent the letter, start preparing your particulars of claim. Let's do one thing at a time.
    • Firstly, please will you note that when you post solid blocks of text, it makes it very difficult for people to read – especially on a small screen such as a telephone. The first post you made has already been restructured with paragraph spacing by the site team. Everything we do is free – and would be pleased not to have to do this kind of thing again. I'm restructuring your most recent post is well. I've looked at the four-page document you have posted above. I only want to deal with the letter of claim so far. We know that laptops are on the non-compensation list – and as you have referred to that, you may as well then go on to make your legal points and explain why the non-compensation list is irrelevant. Of course Evri are monitoring the thread so they will know about it anyway. But the whole point is that not only would the insurance requirement – had it been available – have been contrary to section 57 and that it would have been an attempt to exclude or limit liability, also trying to include a huge list of items for which they say they will not compensate you if the fail in their duty to exercise reasonable skill and care is also a breach of section 57. Particularly, as you declared that it was a laptop. They then effectively alerted you that it was on the non-compensation list. This was the equivalent of alerting you that you should be careful because even if the breach the delivery contract and failed to exercise reasonable skill and care, because it is a laptop, they will exclude liability and even though that is contrary to section 57 of the Consumer Rights Act and therefore unenforceable. So in effect they are committing two breaches of contract. First of all they have failed to exercise reasonable skill and care – breach number one. They then have attempted to exclude liability for their breach number one – and that then becomes breach number two. In fact the bar is raised even more because they have the option to refuse to take the laptop because you declared it. They still were prepared to carry it. Not only that, if they consider that there is some additional risk in carrying a laptop then being alerted they should have taken extra reasonable skill and care. In other words, being aware of what they were carrying impose on them a greater duty of skill and care than they would be required to exercise, say, delivering a hairbrush. And then to top it all, – in case we need extra help – not only is their non-compensation list and their agreement to carry your laptop without any liability a breach of section 57, the use of a non-compensation list where they knowingly accept to carry those items and yet disclaim liability for their own failings is an unfair term contrary to the unfair terms provisions of the 2015 Act. Therefore I suggest   have a look at what I have suggested above. Ask questions. Make sure that you agree with everything. Everything is true and correct. Let us know if you think that there should be anything else or if anything should be left out
    • What the locals are reporting ... Ashfield Independents overtake Reform in Tory Wipe-out Telegraph poll A Savanta poll predicts a Labour win in Ashfield, and puts the Ashfield Independents in second place ahead of Reform’s incumbent Lee Anderson   General Election 2024 Archives - Ashfield Neighbour News ASHFIELD.NEIGHBOUR.NEWS    
    • Of course it is your decision whether or not to go down the "legal route" – but actually seeking advice from us is precisely what you would be doing except that you would be getting it for free. It's up to you if you want to find a solicitor who will ask you exactly the same questions as us except you will be paying £300 an hour or if you want to follow our advice free of charge. You do need to settle down and answer the questions that we put to you. If you get a solicitor you will be asked exactly the same questions but I suppose that because you are paying £300 an hour you will be happy to answer them or even volunteer the information in order to save time and therefore money. I suggest that you give us the information we are asking for and anything else that you think might be relevant. This way hopefully we can cut to the chase without wasting time. Do understand that by coming to us you haven't simply chanced upon a piece of social media here. This is not Facebook. We are very serious about what we are doing and we are taking you very seriously. We take everybody who comes to us very seriously.  
  • 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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Hi

 

After receiving several PCNs for one of my work vehicles at the car park at my work. The car park is run by Premier Parking Solutions.

 

After reading the advice on this forum all letters were ignored and thrown away, but today i have now received a letter from Kitsons Solicitors stating that they have been instructed to collect the debt of £600.00.

 

It states that if not paid within 14 days they will advise the client to take further legal action.

 

I have not found any other cases on the forum like this, so some help and advice would be greatly appreciated!

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That name is a new one on me but it just looks like another version of a threatogram. Just ignore unless you actually receive proper court papers. Very, very unlikely but you never know with these new kids on the block.

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Thanks

 

Its just that Kitsons are genuine solictors firm kitsons-solicitors.co (Dot) uk and also on PPS website at the following link they claim to have won several cases with Kitsons if you look at the links they even go on to state in the second case down.

 

"These judgments agreed with and further cemented previous rulings made in cases at the Bristol and Exeter County Courts and should serve as a warning for those drivers who incorrectly follow erroneous and ultimately expensive "parking advice" contained within the numerous parking forums, money saving websites and blogs on the internet"

 

The link to the PPS website page is premierparkingsolutions (dot) com/all-news

 

Please remove the (Dots) as the forum will not allow me to post links

 

Sorry Just a bit worried that this is going to get expensive

 

Should I reply or just continue ignoring?

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Hi

 

After receiving several PCNs for one of my work vehicles at the car park at my work. The car park is run by Premier Parking Solutions.

 

After reading the advice on this forum all letters were ignored and thrown away, but today i have now received a letter from Kitsons Solicitors stating that they have been instructed to collect the debt of £600.00.

 

It states that if not paid within 14 days they will advise the client to take further legal action.

 

I have not found any other cases on the forum like this, so some help and advice would be greatly appreciated!

 

Kitsons of Torbay no doubt??

:mad2::-x:jaw::sad:
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Weigh that against more recent court cases where several PPCs have lost. Judges are now getting wise and realising that the only money that can be claimed is for the actual loss suffered by the landowner. So what loss ( for instance) is suffered by having a tyre touch a line? Even the BPA and the Department of Transport are now saying that only a true estimate of loss can be claimed and not some spurious figure plucked out of the air by a PPC.

Edited by DBC
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As it happens they have not had any loss at we do already pay for a yearly permit for the vehicle but have only got these tickets when we have forgotten to display

 

So you owe them nothing then!

hello all:-)

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