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    • Hearing held today in court. I attended in person and Evri had an advocate attend on their behalf to defend their position that my contract is with Packlink and not with them. I also provided a copy of Evri's terms and conditions which explains that a contract is entered into when a parcel is sent with Evri. The judge pointed this out to the Advocate and agreed there is a contract between me and Evri under the Ts and Cs. The judge explained that while Packlink are responsible for organising the delivery of the item, it is Evri who are responsible for handling the goods and delivering them, and therefor Evri has a responsibility to handle the goods with reasonable care and skill. So am pleased to say the judge found in my favour. Hearing lasted about 75mins. Evri has been ordered to make payment within 21 days. Also nice to meet @jk2054 in person.
    • Good morning,    I just wanted to update you on the situation.    I have visits piling up with my current employment and they need doing before I finish at the end of this month.  I am moving to Wiltshire in 3 weeks for a new job helping care homes with their Dementia patients. I tried to work it out and at a guess I will be doing about 20-25,000 miles a year. So need a vehicle that can cope with that mileage, my old car would have done it easy but 🤷‍♂️ I have taken out a loan and got a friend to find me a reliable car that can cope with the miles and hasn't been written off in the past.   I phoned Adrian flux to see if I could use the last months insurance on a new car I have bought, the girl I spoke to phoned Markerstudy and asked them but they said no, my new car doesn't have any modifications.    I had an email from someone who saw one of my appeals for information, they live near the site of the accident and know a nearby farmer who has a security camera at his entrance that catches the traffic and specifically registration plates as he has been robbed before. They said they would reach out for me and see if he still has the data. Unfortunately it wont catch the scene of the crash.   The Police phoned me and said they were closing the report I made, even if they found footage of the vehicle at the time I said the actual incident would be my word vs theirs.  My first response was I am sure google maps would show that they turned around at that location which would verify my version of events, but upon reflection I do understand, I have seen people doing make up with both hands while driving, eating from a bowl steering with their knees and veering all over the place. I am sure some of these people go off the road and claim that someone forced them off.    Markerstudy phoned me yesterday to say that my car is now at Copart, the £80 tank of Vpower diesel was emptied on entry to the site for safety reasons, which I get but it sucks.  It is awaiting being assessed and shouldn't be too long, which is a relief.  I am really glad things do not seem to be going the way of the other stories and they seem to moving quickly.   However I was informed that my car was a structural write off before I bought it - this destroyed me, I was almost sick.  and this is going to affect any offer of money - after hearing the first statement this didn't affect me.   They need to wait for the assessor to check it over but it is highly likely to be written off and the maximum they can offer is £2300.  I was desperate for a car as I was working for an agency at the time, no work no pay, and did not do a vehicle check because I didn't know about them.  The seller did not tell me that it had been structurally written off, he told me that it had the front wing damaged while parked and was repaired at an approved repairer.  Markerstudy records state that it was sold at auction, no record of repair at an approved repairer.  I bought it bank transfer with hand written receipt.    It gets worse.    It turns out my airbags should of gone off. For some reason they are not working. I think we can figure out why.  If I had hit that car head on and had no airbags.    Some good news.    I can arrange a time with Copart to go and take my stereo equipment and any personal items that are left in the car only. I cant live without music and need quality sound, my speakers and amps are Hertz and JLaudio, (no I am not a boy racer with booming subs, I am an audiophile on a budget) I was really worried I wouldn't get them back so this is a huge relief for me. It is stuff I have built up over years of saving and collecting. Everything to do with the vehicle and mods I have declared need to stay to be assessed.   The accident has gone as a fault on my record, I have to remove 2 years NCB which means I still have some to declare which is good.  So it appears at this point that it may be resolved quickly, not in the way I was hoping, but not as bad as I presumed it was going to be based upon that tow truck drivers attitude and behaviour and the horror stories I read.   I am not going to buy the car back and try to make money with all the parts on it, I don't have the time or energy.   I may need an xray on my back and neck.  The whole situation has left me feeling physically sick, drained and I need it done.   The lesson learnt from this  -  My conscience is 100% clear, my attitude to safety and strong sense of personal responsibility - A rated tyres even if on credit card, brake fluid flush every year, regular checks of pads and discs, bushes etc, made avoiding what I believed to be a certain broadside collision possible.   Get a dashcam (searching now for the best I can afford at the moment)  -  Research your insurance company before you buy  -  Pay for total car check before you go and see a car and take someone with you if you are not confident in your ability to assess a vehicle.      Thank you to everyone here who volunteers their time, energy and information, it is greatly appreciated.  You helped my sister with some advice a while ago but we weren't able to follow through, she is struggling with long term health conditions and I ended up in hospital for a while with myocarditis, when I got out and remembered it was too late.  I am going to make a donation now, it is not a lot, I wish I could give more, I will try to come back when things are on a more even keel.    Take care
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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.

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Parking eye court papers !!!!!!!


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Hi guys just to let you all know that today I submitted my defence so what happens now ???? What do I need to prepare if it does get to court???

Many thanks in advance

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You will receive an allocation questionaire and so will PE. This is a self explanatory set of questions for example are you intending to call any witnesses / expert opinion ? and would you like ADR (Alternative Despute Resoloution) which I always tick NO as the PPC is not negotiable unless they are dropping the case.....Next the case will be allocated to your local County Court small claims track when PE will have to pay a hearing fee. Both Allocation questionaires Must be submitted...Both parties will be asked to submit a bundle to each other and the court 14 days prior to the hearing date which is the evidence on which they intend to rely upon...The Court will advise you of each step as it progresses

Edited by Scouse Magic
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  • 3 weeks later...

Hi guys

I've just received in the post a stating that PE wish to proceed to county court it's full of photographs and plans of the car park site previous letters they sent me etc etc. I've not had a allocation questionnaire or any other forms of communication WHAT SHOULD I DO?!?!?!?!?!?

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Sounds like they are trying to skirt around court by overwhelming you with ficticious evidence, hoping you will back down.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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be warned, they can and soemtimes will go to court and even try and bluff the judge. You need to be clued up and ready with hard facts and good argument skills incase they do try and push their luck.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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The OP has submitted the standard strong defense and is waiitng for the allocation questionnaire, in the interim the OP should be doing lots of reading on here to gain some knowledge of what might be said in court and how to counter it, although the defense should be enough for the Judge to bat it off.

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Hi guys

I've just received in the post a stating that PE wish to proceed to county court it's full of photographs and plans of the car park site previous letters they sent me etc etc. I've not had a allocation questionnaire or any other forms of communication WHAT SHOULD I DO?!?!?!?!?!?

 

This will probably be stuff they are going to rely on in court. They have obviously seen your defence and indicated they wish to continue.

 

It will be allocated to your local court in due course, but if you are concerned you can contact Northampton and ask the status of the claim. They will advise if it is in the process of being allocated :)

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You have had all the advice you need for the defense, have a read of the forum especially the threads which discuss PE court cases, also look up those cases on the net (the links are in the stickies) and read them.

 

PE may well pull out before the court date or fail to represent or turn up on the day.

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Dont panic, if you submitted your defence all you have to do is wait for the allocation questionnaire (make sure you nominate a court if you have a preference otherwise it will be YOUR local county court), fill that in and send it back and then you will eventually be given a time and place to attend. It will unlikely to be before feb next year at the rate things are running currently so plenty of time. Once that has been done PE have to pay an allocation fee so they may well yet pull out if their current workload is a bit much for them. They cant add extras now, this fee is included in their costs already claimed, they just havent paid it all yet.

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So what, they have photographs..... how lovely, does not change the fact that they dont own the land and have no legal right to bring proceedings in their own name....

 

Just remember in Court PE will try to side track the Deputy District Judge by referring to internet forums and template defences on internet forums.....Always remember there is no law that says you cannot use social networks and forums and that they are trying to distract from the matter in hand.....Indeed on the subject of internet forums (Put this in your defence on the day) here is a recent Job Vacancy at PE in 2013 which proves that this is gross abuse of the Court Process, and paying attention to the bit in red !!!!!!

 

Parking Eye enforcement officer

 

We are looking for an enforcement officer to join our newly created Enforcements Team. The role will report into the Head of Enforcement and will assess and handle a large volume of cases through the early stages of the claims process and will require a good attention to detail and the ability to move from one task to another at short notice. The job holder will need to be proactive, highly organised individual with good customer service skills.

 

The role of enforcement officer within our Enforcement Team has access to keeper at the date of event (KADOE) details provided to us from the DVLA. In order to use this service all employees and potential employees will need to ensure that you have

 

1.Signed a declaration that you have no unspent convictions or pending prosecutions, including being arrested and on bail

 

2.Signed an undertaking to tell us if you have any pending convictions or prosecutions, whilst employed by ParkingEye Ltd and using the KADOE Service

 

3.Signed a declaration that you will only use the data from the KADOE service for its intended use in relation to your job

 

Main Duties:

 

*Assessing whether a case is suitable for a county court claim. This will include looking at a number of different factors

 

*Finding potential candidates for ‘further action’ by analysing a number of key websites/forums and the information they provide

 

*Dealing with calls, correspondence and payments from motorists in relation to their court claim

 

*Dealing with correspondence from the courts. This will include putting together the further particulars of claim where applicable

 

*Ensuring that all case records are up to date

 

*Analysing information from a panel of debt collectionicon Agencies and dealing with any correspondence/appeals that may arise

 

*Liaising with the appeals team, with regards to appeals/cases that will be fast-tracked to ‘further action’

 

Other Duties:

 

*Maintaining (and building on) existing relationships with hire/lease companies. This will include providing them with reports on outstanding charges and ensuring that the process is as streamlined as possible

 

*Creating and monitoring potential instalment plans

 

*Assessing appeals and correspondence from ParkingEye’s European Parking Charge collection service

Hours:?37.5 hours per week

 

*Monday to Friday, 9am – 5pm

 

*Salary / Annual Leave: Up to £16,500 depending on expereince

 

*20 days annual leave (plus statutory)"

Edited by Scouse Magic
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Cheeky barstools!!!!!!!!!!!!!!!!!!!!!!!!

 

I've just found this on another forum !!!!!!!

 

Well well well. Poor old parking eye have been removed from the range at st Helens. Went in the store today and spoke to a manger and he said the landowner had them remove all their equipment! This has made biggrin.gif my day. Im sure this is only the beginning of them getting the boot from other sites !

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PLEASE READ MY EMAIL TO COLLIERS!!!!!!

 

ME:

I am sorry to bother you but I was given your email address in the hope you will be able to help in my case against Parking Eye!

I was at The Range shop in St Helens with my disabled mother at the end of last year.

 

In January I received a parking charge notice because I had stayed longer than the free parking was allowed due to my mothers Mobility issues.

I ignored all correspondence from Parking eye as advised by friends and various forums on the internet.

Subsequently I received court papers to which I sent in a defence.

 

I have now received a letter from Parking Eye stating that they wish to proceed to court and I am now getting anxious about this whole situation.

My mother said she will also come to court to fight my case, but I feel because of her health she doesn't need the stress.

 

I am not disputing the fact that I overstayed the allotted free parking time or that I was the driver of the car,

(We would have parked in the council disabled parking spaces if they were available,

which there weren't but as this car park was close to the centre of town it was easier for my mum)

 

I am disputing the fact that these charges are extortionately high and I feel that extra time should be allowed for people with mobility issues

( even though I know that some people would exploit this!)

 

My mother suffers from a meningioma, a bony growth on the spine which presses against the spinal nerve which makes walking very difficult,

hence we overstayed the time allowed due to frequent stops for rest.

 

I sincerely hope you can help me with this case as a matter of urgency

 

COLLIERS: With reference to your e-mail below, as you will be aware The Range car park is not a local car park,

this is purely for The Range (and shortly the McDonalds) customers only.

 

Signs are clearly displayed throughout the car park stating that the car park is monitored and that a fixed penalty will be incurred if you stay over the allotted time,

as you state you were not a customer of The Range, and you clearly ignored the letters sent by Parking Eye.

 

However, due to the health issues your mother has, I am prepared to request that the court summons is cancelled,

however there will still be a sum to pay (usually in the region of £60 which relates to the administration charges).

 

Upon receipt of your agreement of the above I will contact parking eye to request that the summons is cancelled.

Please provide the reference number within your next e-mail.

 

ME: Many thanks for your reply just one point I never stated that we didn't shop in the range,

in fact we did shop there and also had a coffee in the shop it was only that my mother had a few other errands to run that we overstayed the time.

I look forward to hearing from you soon

 

COLLIERS: Can you please provide a copy of the receipt?

 

ME: Very much doubt it it was eight months ago !!!!!!

 

COLLIERS; You can go into The Range and provide the date of the visit, and your credit/debit card number

and the amount that you spent, then The Range will be able to confirm that you shopped there,

this would help prove that you were an actual customer.

 

However, you will still have to pay the admin charge as stated earlier

 

ME:My mum pays cash for everything she doesn't believe in plastic !!!!!

 

COLLIERS: If that is the case, then as stated before I will speak with parking eye and have the court summons cancelled

but you will still have to pay £60 in admin fees.

 

In theory you should of contact parking eye as soon as you received the notice,

you would of received a number of notices/letter since the first notification,

and you chose to ignore them, therefore this is the best I can do for you.

 

Please provide the reference no and car registration number

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COLLIERS: With reference to your e-mail below, as you will be aware The Range car park is not a local car park, this is purely for The Range (and shortly the McDonalds) customers only. Signs are clearly displayed throughout the car park stating that the car park is monitored and that a fixed penalty will be incurred if you stay over the allotted time, as you state you were not a customer of The Range, and you clearly ignored the letters sent by Parking Eye.

However, due to the health issues your mother has, I am prepared to request that the court summons is cancelled, however there will still be a sum to pay (usually in the region of £60 which relates to the administration charges). Upon receipt of your agreement of the above I will contact parking eye to request that the summons is cancelled.

Please provide the reference number within your next e-mail.

 

Is the above verbatim?

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