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


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      Checking hi-tech with low tech - Wales leading the way Growing Mid Wales, an organisation set up to bring together the private and public sectors alongside the Welsh Government, has launched a mobile mapping project to track areas of poor mobile phone signal Powys and Ceredigion.   Just a moment... WWW.THINKBROADBAND.COM  
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      Hi there   thank you for the reply. No, it's not a silly question at all. I am convinced I didn't hit anything with my car. I was going very slowly and it was the guy standing next to his lorry in the road who punched and kicked my car as I went by. It's cause I saw him do it in the mirror.  I initially thought he did it because he thought I was passing him maybe too closely whilst he was messing around with his lorry ?  That's why I stopped and got out and asked what he thought he was doing hitting my car. He then just hurled abuse at me. Not making any accusations such 'you hit me' 'you hit my lorry' or you did this or that. He just swore and shouted at me. At which point I said I would be making a complaint to his company for his threatening behaviour and vandalism for punching my car. I went to my car , got my phone to take a photo of his number plate but then he came towards me again and I thought if he now hits me I am going to come second. I am a woman in her mid 50s travelling on her own and this guy looked like a Millwall football supporter (short, rotund, skin head) so I decided to leave this situation. I got back in my car closed the door and drove off before he could reach me.  I later checked my phone and noticed the photo was too blurred, as I turned and rushed back to my car too quickly before the camera could focus. So I thought it was pointless making a complaint as the guy couldn't be traced anyway, so I forgot all about it until yesterday. But this is all I can think of, it must have to do with this incident as it is in the same street.   
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

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    • BankFodder
      Packlink's contractual relationship with Evri , Evri's relationship with you, your relationship with Packlink

      By BankFodder · Posted

      Please read the following thread very carefully. It is extremely relevant where you are suing Evri on the basis of a contract which you originally made with Packlink who are domiciled in Spain. A judgement has been obtained and we have applied for transcript and it will be put up on this thread as soon as we receive it probably about the end of July. In the meanwhile, read this thread, see what has been discovered about the Packlink/Evri/customer relationship and look at the witness statement very carefully. It's a long thread but don't give up. Once you have the transcript of the judgement, then I will do a more careful and explanatory post here   https://www.consumeractiongroup.co.uk/topic/459707-evri-lost-my-ebay-parcel-£844-court-claim-issued-judgment/
    • AndyOrch
      PERCH/TM LEGAL Claimform - old MYJAR pdl - 6 year old debt Statute Barred ?

      By AndyOrch · Posted

      So if the breach occurred say Dec 2017 (first missed payment) and the default notice was issued Sept 2018 and the claim was issued 7th June 24 the claimant will of course be arguing it is within the limitation period (by 3 months)

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      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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    • 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.

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

Parking overstay **Won at POPLA**

paulwlton
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paulwlton

paulwlton

Posted
Posted

Parked up at 6,28 pm last night.

 

Notice at entrance stated

0 24hrs £2,50 and

0 16 hrs £3,00.

 

Arrived back at car at 9,17am and

 

to my surprise a ticket inspector was taking my reg no etc.

 

I checked my ticket and

 

the time stated on it was 9,am.

 

By my calculation I didn't exceed 16 hrs agreed when I entered the car park.

 

Is the advice still to ignore?

 

Cheers

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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unclebulgaria67

unclebulgaria67

Posted
Posted

If the ticket you bought covered the parking period, then I think you should send a letter of dispute stating the facts.

 

Your post suggests that it is cheaper to park 24 hours, than it is for 16 hours ?

We could do with some help from you.

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armadillo71

armadillo71

Posted
Posted

You should wait for the notice to keeper through the post if this was on private land. This should be after 28 days of the windscreen ticket, but before 56 days. What company is the ticket from?

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paulwlton

paulwlton

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Posted (edited)
Who owns or manages the car park, in other words, who issued the ticket? very important as the advice you get will depend on that information.

 

Excel manages the car park on eyre street sheffield.

Edited by paulwlton
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An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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paulwlton

paulwlton

Posted
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Posted
If the ticket you bought covered the parking period, then I think you should send a letter of dispute stating the facts.

 

Your post suggests that it is cheaper to park 24 hours, than it is for 16 hours ?

 

The sign states £3,00 up to 16 hours however, I've been on the site and this equates to 17,00 until 9,00am. The sign doesn't mention this

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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paulwlton

paulwlton

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Hmm Excel is it a P&D machine where you need to input your reg No?

 

However wait for the NTK then appeal.

 

Yes P&D with reg no.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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paulwlton

paulwlton

Posted
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What reason for issue did they put on the ticket

 

I didn't get a ticket, the inspector took car details and took my picture when I got in the car.

 

I'll go and take a photo of entry sign later today.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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paulwlton

paulwlton

Posted
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Posted
If the ticket you bought covered the parking period, then I think you should send a letter of dispute stating the facts.

 

Your post suggests that it is cheaper to park 24 hours, than it is for 16 hours ?

 

Sorry it was 0 - 12 hours £2,50

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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  • 1 month later...
paulwlton

paulwlton

Posted
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I've challenged the £100 PCN by email - no doubt I'll get the knock back. Would I be right in saying the next step thereafter would be an appeal to popla?

 

Cheers

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Seven Towers

Seven Towers

Posted
Posted
I've challenged the £100 PCN by email - no doubt I'll get the knock back. Would I be right in saying the next step thereafter would be an appeal to popla?

 

Cheers

Yes, make sure they supply a POPLA code in their response and do a robust appeal.

 

Remember it's not about what happened on the day, you need to challenge their legal right to issue charges. Do not attempt a POPLA appeal without doing research, come back here to get it checked before you submit it.

 

With the right appeal you are 100% guaranteed to win.

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paulwlton

paulwlton

Posted
  • Author
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Yes, make sure they supply a POPLA code in their response and do a robust appeal.

 

Remember it's not about what happened on the day, you need to challenge their legal right to issue charges. Do not attempt a POPLA appeal without doing research, come back here to get it checked before you submit it.

 

With the right appeal you are 100% guaranteed to win.

 

Thanks. Will do.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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armadillo71

armadillo71

Posted
Posted
What reason for issue did they put on the ticket

 

I didn't get a ticket, the inspector took car details and took my picture when I got in the car.

 

I'll go and take a photo of entry sign later today.

 

 

 

You have just received a Notice To Keeper in the post? You didn't get a Notice To Driver though?(windscreen ticket).

There is so much wrong with all this....

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  • 1 month later...
paulwlton

paulwlton

Posted
  • Author
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Yes, make sure they supply a POPLA code in their response and do a robust appeal.

 

Remember it's not about what happened on the day, you need to challenge their legal right to issue charges. Do not attempt a POPLA appeal without doing research, come back here to get it checked before you submit it.

 

With the right appeal you are 100% guaranteed to win.

 

They've refuted my contention that the charge is penal in nature and plead "reasonable charge for liquidated damages"

I've received the POPLA verification code so, I guess I appeal online now. Is it best to use a template or create your own arguments?

Cheers

PW

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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ericsbrother

ericsbrother

Posted
Posted

Read the threads here, there are more than a dozen successful appeals that go for demanding that the parking co show an actual schedule of loss or a genuine pre-estimate of loss, whcih they all fail to do as it isnt their land so have not suffered a loss by your actions.

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ericsbrother

ericsbrother

Posted
Posted

You can add that you paid the prescribed fee but the RECEIPT FOR PAYMENT didnt make it clear what the paid for time was and the signage for the parking terms was confusing and thus the contract claimed is not formed as it cannot be an offer to be considered. This addresses any claim for loss of income for the overstay- you paid for 24 hours and you didnt get that.

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paulwlton

paulwlton

Posted
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Read the threads here, there are more than a dozen successful appeals that go for demanding that the parking co show an actual schedule of loss or a genuine pre-estimate of loss, whcih they all fail to do as it isnt their land so have not suffered a loss by your actions.

 

The letter states "we have calculated this sum as a genuine pre-estimate of our losses as we incur significant costs in managing the parking location. A full breakdown of loss will be provided at the request of a judge"

 

The fine is £100 but discounted to £60 if payments made before 20 march. My question is if the £100 is equal to their losses then by ONLY requesting £60 they are out of pocket!

 

Is it best to appeal to POPLA using the relevant law on penalty charges only?

 

Cheers

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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