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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Suggestions plz: cheap easy device for filming TVL visits

Guest ilovemycat

By Guest ilovemycat
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Guest ilovemycat

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Posted
Posted

Hi folks. I'm suddenly getting a lot of threatograms and visits from TVL. I haven't opened the door to date (nor responded to letters) as the one means I have of recording them is a sound-only thingy. Can anyone suggest some kind of affordable, easy to set up & use method of videoing TV licence officers when they come knocking at the door? I am quite hard up money-wise and I'm and not very good with technology. I know these 2 factors narrow my options down a lot but, nevertheless, please keep them in mind when offering up possibles. Maybe look on it as a challenge, eh? Many, many thanks in advance. xxx PS: I don't watch live TV, btw

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wiseajak

wiseajak

Posted
Posted

Hi

 

Anything will do even a mobile phone.

If they turn up ask them to leave, they have too and if they dont call the police. Never sign there tvl178 form or even give them your name.

 

You can write to the and withdraw their implied right of access, and if they come to ur house after that they are treaspassing.

 

If you are not watching live tv or recording it there is nothing they can do as u are breaking No law.

 

They have no rights of entry to your home what so ever.'

 

That Tvl 178 form is pretty much a sign me im guilty form so NEVER sign it! If they have no details they are powlerless!! Dont be intimidated by these bullies.

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wiseajak

wiseajak

Posted
Posted

Plus they are a private company

No consent =no contract.

As u have stated u dont no watch live tv u are leaglly licence free. And do no require a licence.

All you have to do is write to them( never put you name on it just the legal occupier) and state you have No requirement for a tv licence and their implied right of acccess is removed.

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snowy101

snowy101

Posted
Posted
Plus they are a private company

No consent =no contract.

As u have stated u dont no watch live tv u are leaglly licence free. And do no require a licence.

All you have to do is write to them( never put you name on it just the legal occupier) and state you have No requirement for a tv licence and their implied right of acccess is removed.

 

Why would you write to them ?, i don`t write to Tescos if i decide to shop at Sainsburys. No contact , is the golden rule. The withdrawal of implied rights of access is a red flag to these morons, they will target you if you go down this route. It is very simple, don`t contact them, don`t speak to them if they turn up at your door,don`t give them any personal information, don`t sign anything, throw their letters in the bin. Get on with your life & totally ignore them. why bring stress & conflict into your life when you can ignore & let them have the stress. If your coming from the FOTL standpoint, then i will leave you too it, as i think it is deeply floored approach to being LLF.

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renegadeimp

renegadeimp

Posted
Posted

Please leave the fotl stuff out of this.

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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Guest ilovemycat

Guest ilovemycat

Posted
Posted

Thanks so much for all these replies - each of which is useful in its own right. So please nobody fall out! Cheers x

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BazzaS

BazzaS

Posted
Posted

Agree that mobile phone would be adequate, with provisos:

1) practice before hand, to make sure you know how to turn it on & ensure it records,

2) make sure you can get the video file off the phone , and in a format that is playable on your "target device"

3) make sure the video doesn't automatically stop recording after a set time.

 

If you are content you have these sorted : Happy Recording ;)

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Guest ilovemycat

Guest ilovemycat

Posted
Posted
Agree that mobile phone would be adequate, with provisos:

1) practice before hand, to make sure you know how to turn it on & ensure it records,

2) make sure you can get the video file off the phone , and in a format that is playable on your "target device"

3) make sure the video doesn't automatically stop recording after a set time.

 

If you are content you have these sorted : Happy Recording ;)

 

Many thanks for this. I'm no ace with that kind of thing so the points you make are very valid. Increasingly I'm of a mind to just ignore, stonewall, and basically avoid dealing with the pests altogether - which seems to be the advice of a mojority of people I've asked so far.Fact is, I've got nothing to hide - but I'm not going to go out of my way to prove anything one way or the other either. Stuff em.Thanks all. Subject closed as far as I'm concerned! xx

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outa10

outa10

Posted
Posted

You say that you don't watch live tv , that sounds to me like there is a tv in your property which is capable of showing any programmes that you choose to watch . Either way you obviously have a computer of some sort because you have used it to whinge on here ! The said computer is also capable of showing tv programmes as well so therefore you are in the wrong .

Yes there is an easy to set up and affordable way to watch these programmes without someone knocking at your door it's called buy a tv licence the same as everyone else has to do ! Before you whinge about not being able to afford one pay for it on a payment plan like millions of other people do !!

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BazzaS

BazzaS

Posted
Posted
You say that you don't watch live tv , that sounds to me like there is a tv in your property which is capable of showing any programmes that you choose to watch . Either way you obviously have a computer of some sort because you have used it to whinge on here ! The said computer is also capable of showing tv programmes as well so therefore you are in the wrong .

Yes there is an easy to set up and affordable way to watch these programmes without someone knocking at your door it's called buy a tv licence the same as everyone else has to do ! Before you whinge about not being able to afford one pay for it on a payment plan like millions of other people do !!

 

You don't need a TV licence for a computer, not even if it is capable of watching TV.

I'm not sure how you reach your conclusion that "computer capable of connecting to the Internet" equates to "computer used for watching live broadcast Tv" (or, at least "near live broadcast".

 

I have a computer.I use it to watch (via BBC Player) previously broadcast programmes. I don't use it to watch live broadcast TV (or nearly live broadcast TV).

Neither the OP (if they use a similar set-up) nor I would needs TV license for this.

 

http://www.tvlicensing.co.uk/check-if-you-need-one/topics/technology--devices-and-online-top8/

 

"Exception: If you only watch catch-up services online, then you don’t need a licence. For example, you don’t need one to use BBC iPlayer, or ITV player, to catch up on programmes after they have been shown on TV."

 

 

The affordability of TV license payment plans is irrelevant for that scenario.

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Guest ilovemycat

Guest ilovemycat

Posted
Posted
You say that you don't watch live tv , that sounds to me like there is a tv in your property which is capable of showing any programmes that you choose to watch . Either way you obviously have a computer of some sort because you have used it to whinge on here ! The said computer is also capable of showing tv programmes as well so therefore you are in the wrong .

Yes there is an easy to set up and affordable way to watch these programmes without someone knocking at your door it's called buy a tv licence the same as everyone else has to do ! Before you whinge about not being able to afford one pay for it on a payment plan like millions of other people do !!

 

Little man - even if it sounded to you like a gnat farting in the bathtub, I couldn't raise so much as an eyebrow in interest.

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Guest ilovemycat

Guest ilovemycat

Posted
Posted
Good , Well you won"t be bothered then when tv licencing come knocking at your door again . Its people like you that make the cost of a licence so high to us law abiding citizens !

 

 

Aw, now I know this is is a wind up. No one really talks that knobbish. Stop muckin' about, you imp!

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citizenB

citizenB

Posted
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Keep it civil please.

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BazzaS

BazzaS

Posted
Posted
Good , Well you won"t be bothered then when tv licencing come knocking at your door again . Its people like you that make the cost of a licence so high to us law abiding citizens !

 

When TV licensing come knocking : "I don't watch live broadcast TV, only the permitted exception of e.g. BBC Iplayer.

No, I'm not signing any form : I don't have to.

No, you can't come in : why would I let a complete stranger with no rights come into my home?

In fact, you have no right to be on my property, please leave"

 

That is why I won't be bothered if they choose to visit.

Since I'm not breaking the law : on what basis are you classing me as not one of "us law abiding citizens"?

 

P.S. unsure if they are trolling or ignorant of the law (or even both!)

Either way. I'm playing nice, as requested.

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renegadeimp

renegadeimp

Posted
Posted

Fun fact. TV licencing ( crapita) must have proof that you are viewing live tv broadcasts in your home for them to issue a court summons or interview under caution.

 

To get that proof, they need to either check the equipment ( this is where withdrawal of their implied right comes in handy for you), or more simply, actually here a live broadcast coming from your house. Most of these "agents" have handheld tv's they can simply switch on to check if you are watching. They just compare the sound from your house with the sound from their handheld tv.

 

Easiest way to deal with them ( and ive done it since 2001), is to simply send their offices a letter withdrawing permission for them to call. Thats it. I dont watch BBC, and i dont listen to their radio broadcasts, so why should i roll over and be coerced into paying for their crappy programming, overpaid staff, and their corrupt business in general? I'd prefer to watch sky tv, or itv and fund them through their advertising.

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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flexeh

flexeh

Posted
Posted

here is a quick one, what constitutes as live TV? exactly the same as being broadcast because when you pause live TV then it isn't live. however i do get you can make it "live again" but there are some apps like NOWTV etc that you can view live tv and you can pause it, so technically would it still be live? don't be quick to flame I'm just seeing if there are any loopholes to this "live tv" saga (and i do pay license as we do watch live tv)

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wiseajak

wiseajak

Posted
Posted

Thats actually quite an interesting point. Very hard to enforce though id imagine.

Personally i really think a tv license is a con and not needed anyway i mean how can watching a tele be deemed as criminal if u dont have a license, shudnt they be persueing actual criminals?

If they have to have a cut for people viewing i firmly think it should be a subscription based thing like aky, but then who would actual pay for it? Tv license do nothing but anger me!

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BazzaS

BazzaS

Posted
Posted
here is a quick one, what constitutes as live TV? exactly the same as being broadcast because when you pause live TV then it isn't live. however i do get you can make it "live again" but there are some apps like NOWTV etc that you can view live tv and you can pause it, so technically would it still be live? don't be quick to flame I'm just seeing if there are any loopholes to this "live tv" saga (and i do pay license as we do watch live tv)

 

My reply above noted "computer used for watching live broadcast Tv" (or, at least "near live broadcast".

 

Using a device to record live TV and replay it later, or delay / place shift it to make it "near live" : TV license still required.

 

Using a service where the broadcaster makes the broadcast available layer, over the Internet : no license required.

 

i really think a tv license is a con and not needed anyway i mean how can watching a tele be deemed as criminal if u dont have a license, shudnt they be persueing actual criminals?

 

It can be deemed a crime as:

There is statute law deeming it a crime

In response to the statute law a Magistrates' court can convict an offender, fine them and give them a criminal record.

 

Whilst I'll vociferously defend the right of those who don't need a TV license, doesn't mean I'll accept unlawfully avoiding buying a TV license where one is needed!

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wiseajak

wiseajak

Posted
Posted

Thats not what i meant, i just mean the concept of watching a tele deemed as criminal is stupid in my book. If one is required then yes, get one but these people dont really aee a line between the 2 and insist everyones has one even if there is no requirement for one. They believe everyone must have a tele, when some dont and i harrasing and theeatning people isnt good business practise.

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BazzaS

BazzaS

Posted
Posted (edited)
Thats not what i meant, i just mean the concept of watching a tele deemed as criminal is stupid in my book. If one is required then yes, get one but these people dont really aee a line between the 2 and insist everyones has one even if there is no requirement for one. They believe everyone must have a tele, when some dont and i harrasing and theeatning people isnt good business practise.

 

Which people are "these people"?

 

If TVL : those who know the regs know ITV player doesn't require a license.

 

The 'bottom-feeding' field agents from Capita are easily dealt with : see above. Don't get irate with them : if they had the wit to know better they would.

 

View your dealings with them as an entertaining sport and you'll feel much better ;)

 

While you are showing them you know the regs better than them, and that they are powerless without a Magistrates Court warrant : keep in mind that while you are toying with them, they aren't pestering anyone else who may not be as well prepared.

Edited by BazzaS
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