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    • That would be very helpful I'm sure. And absolutely I would endeavour to get the transcript if my case is successful. Am I right in saying that I should use and quote this case in my mediation?
    • I thought you said that the work had been carried out? Now I look at the letter which apparently has been sent by your partner which suggests that the work has still yet to be done. Please clarify
    • Please note also that Cagger @occysrazor has helped us to apply for the transcript of the judgement which will be available to everybody and will be available to you free of charge if you go to trial. I hope that if you go to trial and you also succeed – as you surely will – that you will help us get the transcript of the judgement in your case.
    • Lolerz is spot on. The limitation period is six months for prosecution in the Magistrates' Court. Six years for bringing a civil claim. I know you'll be thinking "it can't be both" but never underestimate the PPCs' contempt for the law and their utter greed. In this case there is no supermarket chain, etc., so just ignore.
    • So let's see your draft. In terms of what you have to do now, you will be required to mitigate your loss and this means that you should pay the bill and reclaim it. If you start haggling over the bill which eventually may mean that you could incur further costs. For instance, if the courtesy car facility is withdrawn from you then you will be left either without vehicle all you will have to you rent or own. I can even imagine that Mercedes might come back to you and say that if you don't settle the bill they will start levying a storage charge – and you would be unlikely to be able to recover that as well. So I think that you should pay the bill, get your car. Make sure that it is perfectly all right. Has it been given a full check over for any other possible faults? You may as well get the whole thing diagnosed including an MOT to see exactly where you stand. Prepare the draft letter informing them that the work is being carried out – that you had no choice as you were obliged to mitigate your losses – and you want them to settle it.  
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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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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UKPC issuing PCN's on OUR PRIVATE BUSINESS LAND without a contract - off to court - UKPC liable for trespass - **SUCCESS**


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UKPC Ltd is another car parking enforcement company. They issue tickets on a private development in Winchester where we live demanding £100.00 for each alleged breach of parking regulations. Apart from that being an unlawful penalty and unenforceable, they have persisted on putting tickets on our cars on our own land ie not an allocated bay but registered to us at Land Registry. Like dealing with aliens. One ticket was at 4 am at night.

 

We objected and demanded undertakings not to trespass on our land and not to place tickets on our cars stating clealry it was our land with registered title They persist and have refused to give undertakings and again on the 29th December entered our land and put a notice on our car demanding £100.00. They are very keen on throwing unlawful penalties around for alleged trespass and as it they who are trespassing on our land we have now issued county court proceedings against them claiming damages for trespass and an injunction to prevent further trespass, and costs. Hearing in January 2013. R.L.Davey.

Edited by Conniff
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This will be very good to hear, I hope the DJ looks favourably on your case and knocks them off their perch, PPC's are nothing more than fraudulent.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Roger do you have the company registration number for UKPC ltd? Just trying to find their registration as Data Controllers with the ICO

 

Comp reg : 5104383

Reg Off : The Meridian, 4 Copthall House, Station Square , Coventry CV1 2FL

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Harrassment act as well? could be criminal as well as civil case. Wouldnt that be an interesting one.

Reply .

May be good point. Certainly loitering with intent on private land in the middle of the night !

Served proceedings on them and no response to date.

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  • 1 month later...

Update :

We pressed on with our County Court Claim against UK Parking control Limited

( UKPC ) in the Winchester County Court.

On 21.1.2013 UKPC in an Order by consent gave undertakings to the Court not to enter our land and not to place any Parking Charge Notices on our cars and the Court ordered:

1. Judgment for the Claimants ( ourselves )

2. Damages for trespass in a total of £150.00

3. UKPC to pay our costs in the sum of £ 1280.26 ( now paid )

R.L.Davey

 

 

Hi

 

I've moved your post to a thread of its own & re-titled it, please keep us updated with progress.

 

PT

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Good result.

 

I can understand the costs, as that's a loss you suffered.

 

How do the £150 damages for trespass work?

 

Even though the boot's on the other foot here, isn't "damages for trespass" something the PPC usually tries to claim, and for a similar amount, and I though as they suffered no loss, it's usually said they wouldn't have a chance?

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Good result.

 

I can understand the costs, as that's a loss you suffered.

 

How do the £150 damages for trespass work?

 

Even though the boot's on the other foot here, isn't "damages for trespass" something the PPC usually tries to claim, and for a similar amount, and I though as they suffered no loss, it's usually said they wouldn't have a chance?

Damages for trespass do not require proof of loss. Trespass is about insult to your rights over land or goods - or to yourself.
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Very well done.

 

Can I contact the media?

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I also think that you should send a copy of the judgment to the DVLA and also as a complaint to the Information Commissioner. Obviously their illegal conduct meant that their access to the DVLA database was unlawful.

You should also complain to the BPA because by acting in this way they will have breached the BPA code of practice. Of course the BPA won't care and won't do anything - other than maybe give UKCPS a medal!! - but you may as well complain anyway sp that we have it down on the record.

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i also think that you should send a copy of the judgment to the dvla and also as a complaint to the information commissioner. Obviously their illegal conduct meant that their access to the dvla database was unlawful.

You should also complain to the bpa because by acting in this way they will have breached the bpa code of practice. Of course the bpa won't care and won't do anything - other than maybe give ukcps a medal!! - but you may as well complain anyway sp that we have it down on the record.

 

u k p c !! :-D

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