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    • This must be part of the new tactic from Evri.  They know they are going to lose. They take it to the wire and then don't bother to turn up in order to save themselves costs and of course they don't give a damn about the cost to the British taxpayer and the extra court delays they cause. This is a nasty dishonest company – but rather in line with all of the parcel delivery industry which knows that their insurance requirements are unlawful. They know that their prohibited items are for the most part unfair terms. They know for the most part that a "safe place" is exactly what it means – are not left on somebody's doorstep in full view. They know that obtaining a signature means that they have to show the signature not simply claim that they received a signature. They are making huge profits especially from their unlawful and unenforceable insurance requirement. Although this is less valuable than the PPI scandal, in terms of the number of people who are affected nationwide, PPI pales into insignificance. I hope the paralegals working for Evri are proud of themselves and they tell their families what they have done during the day when they go home.
    • Your PCN does not comply with the Protection of freedoms Act 2012 Schedule 4 Section 9[2][a] (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The only time on the PCN is 17.14. That is only  a time for there to be a period there would have to be a start and and end time mentioned. of course they do show the ANPR arrival and departures  times but that is not the parking period and their times are on the photographs not on the PCN. They also failed to comply with S.9[2][f] as they omitted to say that they could only pursue the keeper if they complied with the Act. That means that they can only pursue the driver as the keeper cannot be held liable for the charge. As they do not know who was driving and Courts do not accept that the driver and the keeper are the same person they will struggle to win. Especially as so many people are able to legally drive your car and you haven't appealed giving them no indication therefore of who was driving. Small nitpicking point-the date of Infringement was 22/04/2024. They appear to be saying that they can charge an extra amount [up to £70 ] if they have to use a debt collector. You do not have a contract with a debt collector so they cannot add that cost. You paid for four hours so it can only be the 15 minutes they are complaining about. You are entitled to a ten minute minimum grace period at the end of the parking period which would be easier to explain if the car park had been bigger. However if you allow for two minutes to park and two minutes to leave that gives you one minute to account for. Things like being held on the way out by cars in front waiting to get on to Northgate or even your own car being held up trying to get on to Northgate at a busy time. then other considerations like having to stop to allow pedestrians to walk in front of you or being held up by another car doing a u turn in front of your car. you would have to check with the driver and see if they could account for an extra one minute things like a disabled passenger or having to strap in a child . I am not advocating lying since that could lead to serious problems [like jail time] but there can be an awful lot of minor things that can cause a hold up of a minute even the engine not starting straight away or another car being badly parked as examples. Sadly you cannot include the 5 minute Consideration period as both IPC and BPA fail to comply with the convention that you can include that time with the Grace period.  
    • Defence struck out not case struck out...you have judgment  Well done topic title updated Regard's Please consider making a donation if not already to support us to help others.   Andy.   .
    • Hi all, I wanted to update you and thank you all for your help. I am delighted announce that after the case was struck out due to no response from Evri, judgement was issued after I submitted the forms and I was just about to take it to warrant.  today I received an email from the claims department requesting my bank details to make payment for my full award. The process has been long since the initial proceedings  in January i must say your help and guidance has been greatly appreciated.  
    • Quote of the century "Farage pops up when the country’s at a low ebb; like a kind of political herpes" - Frankie Boyle Updates
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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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      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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What an experience that was, defendant turned up mob handed again. My heart raced, hoping I could cope. I felt uncontrolled and spoke to a staff member of the court saying I was anxious and it was decided that not everybody needed to go into the court room. Only the defendant and his wife (who had turned up) were allowed in and of course myself. (more to follow)..

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Well done CD. I'm glad the court were understanding about your anxiety. Looking forward to the next instalment.

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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On a serious note, I'm now close to breakdown. I have to decide what to do next. I spoke to a relative of the defendant to see if a more commom sense approach can be worked out so I wait for a response to that.

 

On the legal side of things, I need my money now, and the baliffs are an option. What about forcing a sale ? I'm not able to continue with this much longer and need to bring it to a conclusion..

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On a serious note, I'm now close to breakdown. I have to decide what to do next. I spoke to a relative of the defendant to see if a more commom sense approach can be worked out so I wait for a response to that.

 

On the legal side of things, I need my money now, and the baliffs are an option. What about forcing a sale ? I'm not able to continue with this much longer and need to bring it to a conclusion..

 

Nothing you can do if you need the money now.

 

An Order for Sale will cost you a couple of grand before you see your money which could take 6 months or more.

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Does the order you have from the court provide for interest?

 

I would need to check that, however I was of the mind as it was a personal loan over £5000 unregulated and not connected to the consumer credit act I could charge annual interest at the statutory rate of 8%..

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I would need to check that, however I was of the mind as it was a personal loan over £5000 unregulated and not connected to the consumer credit act I could charge annual interest at the statutory rate of 8%..

 

Only if you requested it within your particulars

 

Andy

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Can the defendant now apply to have the charging order set aside and if so on what grounds..

 

I'm not sure you are asking the right question.

 

Can they apply? Pretty much anyone can apply for anything (including a set aside) unless / until the courts declare them a vexatious litigant. They'd have to pay an application fee, and if their application(s) was / were without merit they'd be seen off easily.

 

On what grounds? They can invent pretty much any grounds, but the more ridiculous they are the less likely a court is to entertain them .....

 

So, they can make an application but would be daft to do so : it'd just cost them, and having reached this stage any such application might be dismissed without you having to respond.

 

If you did have to respond you just note that you have complied with the CPR's and the defendant has had their previous set aside application declined already.

 

In summary, I agree with GM's more succinct reply:

 

Very unlikely.
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Now that I have a charging order to my favour, am I to be informed legally if the defendant sells the property in question..

 

Yes. Is he the sole owner of the property? If he is and you have an Equitable Charged registered you can even block the sale.

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