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    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
    • Thank you so much. Yes, I wish I had done my research and not paid. It's all for the same car park. Here is one of the original PCNs, they are all the same bar different dates. PCN-22.03.24-1.pdf PCN-22.03.24-2.pdf
    • Hi Clou, Welcome to the Forum and thank you for reading first before you posted. There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either.  Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.
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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.

      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. 
       

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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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Whether the defendant has grounds to set a side....the court will either dismiss the application or allow it...if allowed then directions will follow and the claim will proceed.

The signature issue may be briefly considered...but its the process that's examined and if each party complied correctly.

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Grounds to set a side are if the process have been followed correctly by the defendant and ether you or the court has made an error in requesting judgment...normal default judgment or an irregular default judgment.

 

Better if you read up on the relevant set a side procedures as contained within the CPR.....

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

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I'm still confused as to what are grounds for allowing a set aside. I mean anyone can make an application but that's not the same as having grounds is it..

 

It can be hard to think positive when faced with the way the legal system operates but I believe if for a strange reason the case was set aside, you could appeal.

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It can be hard to think positive when faced with the way the legal system operates but I believe if for a strange reason the case was set aside, you could appeal.

 

No you cant...you can make objections at the hearing and support this by way of a Witness Statement in support...if the Court finds that due process was followed..in each of the parties process...then the set a side will be either allowed or dismissed....end of.

 

Andy

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dude

yours was a default judgment? in which case they wld have to at least satisfy cpr re set aside as linked by andy post # 559. they havent taken his side, yet to be decided.

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No you cant...you can make objections at the hearing and support this by way of a Witness Statement in support...if the Court finds that due process was followed..in each of the parties process...then the set a side will be either allowed or dismissed....end of.

 

Andy

 

Article here refers to appeals to a Judge's decision in a small claims court.

 

http://www.aboutsmallclaims.co.uk/set-aside-judgment-court-hearing.html

 

I have actually appealed a judgement myself, yes your reason has to be justified.

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No determindator...appeals are made to overturn Judgments....not orders such as if a set a side was granted.

 

 

 

" Quote Originally Posted by determindator View Post

It can be hard to think positive when faced with the way the legal system operates but I believe if for a strange reason the case was set aside, you could appeal."

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It proceeds to allocation/directions and then trial...as if it had started again.

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A bit more info

 

http://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/set-aside-a-judgment interesting the info about lying, re not his sig, fines and prison sentences mentioned.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13 bottom paragraph

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Only the hearing fee...which you didnt pay last time because it was a default judgment.

We could do with some help from you.

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A bit more info

 

http://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/set-aside-a-judgment interesting the info about lying, re not his sig, fines and prison sentences mentioned.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13 bottom paragraph

 

 

Some fast posting going on so here's a bump towards a positive outcome and that you can continue to persue

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Not sure I can do it all over again, let's just hope the judge sees the defendants applicant for the nonsense that it is..

 

You haven't done anything yet CD...getting a Default Judgment is a walk in the park:-D

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And you may not have to...I seriously doubt the set a side will be granted...reading your thread.

We could do with some help from you.

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No determindator...appeals are made to overturn Judgments....not orders such as if a set a side was granted.

 

 

 

" Quote Originally Posted by determindator View Post

It can be hard to think positive when faced with the way the legal system operates but I believe if for a strange reason the case was set aside, you could appeal."

 

Ah yes, hopefully as we all think, it won't get that far.

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Have a look through your paperwork:wink:

We could do with some help from you.

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