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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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      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.  

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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.
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      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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Lee vs HSBC


LeeS80
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Have you had your AQ paperwork? I assume that you will be handing in your AQ next week. The likelyhood is that DG will fail to submit theirs on time and will get a two week extension from the district judge.

Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

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Nope, not a thing, nothing from courts except a notice that Acknowledgement of Service has been filed. Nothing from the bank either. I sent a copy of my schedule of charges to both the court and banks sols.

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mcol filed 25/2 - we assume served on day 5 - 2/3 + 28 days = 30/3

you have the ackno where they "intend" to defend. you won't hear anything from the court until after they actually defend - which will be probably 30/3 then you'll get aq paperwork - and two weeks to get it back in. intend to defend just bought them the extra 14 days - 28 not up until abour 30 mar.

 

i wouldn't have e xpected you to hear anything at this point - think the boy is scanning a little too fast - think you are saying it's been defended when it hasn't yet.

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yes, i think they do - but you can try to press the judgment button after 28 from the ackn. and see what happens - if it's too early it won't let you press and if they file a defense - it will say you can't continue with the mcol and will shortly receive court paperwork including the aq.

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Checked my MCOL account yesterday and tried to click "Judgement" but wouldn't allow it. Checked again today and the status is "Defence 26/02/07" - something not quite right there as I didn't file the claim until 26/02!! lol. Just waiting to hear now, suppose I will get AQ in the post this week.......

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i think they boobed - i think it would be 26/3 but in any case yes, i think they have defended and you'll get the paperwork in 2-3 days with a copy of their defence, a transfer to local court and an aq. check the aq deadline. there's lots of help for filling it in on here - or get back and we can point it out - my advice is not to file until closer to the deadline.

 

wouldn't hurt to ring dg and ask if your breakdown has been received.

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  • 3 months later...

Hi All - quick update.

 

I've heard nothing from DG or the courts since my last posting on here. I've done some reading up (been away a lot) and have realised that lots of others aren't getting AQ's etc.

 

I sent my first nudge letter to DG last week, do you guys think 10 days is acceptable? Looking through the threads, there are people who begun to claim after I did getting settled out before me! They really are muppets at DG.

 

LeeS80.

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Hi Pink,

 

Yep I got to Vancouver, fantastic place, also managed to visit vegas too. Need my claim settled so I can go back! lol.

 

Nothing from the court, only prelim paperwork when initial case was filed. I'm working from home tomorrow so can chase them up properly.

 

LeeS80.

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