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Thank you, @honeybee13 and @dx100uk, your help is much appreciated. Could you kindly confirm, @honeybee13, which of the information requested from the sticky thread I should provide given I am at witness statement stage? Sorry for any confusion, I am slightly overwhelmed. — Per @dx100ukI will also provide the defence I filed and the court directions. — I have not received UKPC WS yet. Should I expect that through the post? -
it is not a fine, thread title updated and fine changed to charge in 1st post. also can you post up the defence you filed and the court directions have you received ukpc WS yet? if so scan all that up to. read upload carefully one mass pdf only. dx -
By honeybee13 · Posted
Hello, welcome to CAG. Could you let us have the information we ask for in the forum sticky please? We need the information to start working on your case. Once we have that, I'll get you to answer a different set of questions. Best, HB -
Hi there, Long story short, I was working a year ago in a city centre and the site operator I was working with told me I could park in a private car park as they had an arrangement with the owner. I came back to a parking charge from UK Parking Control, and the site operator subsequently couldn't get hold of the private car park owner and haven't been able to since. Fast forward to today, I have received multiple legal threats from DCB Legal acting for UK Parking Control I have now been issued with a court hearing along with a date. I have to file my witness statement for a court hearing later this summer. I realise that I could have handled the situation better and am already aware of that. I was wondering what my options are at this stage? I am very keen to avoid a CCJ as it would obviously be disastrous for my credit score. Any advice appreciated. My current plan is to file a witness statement and hope the case is discontinued. Thank you for any advice in advance.
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I run a small retail business selling cards & gifts ( all my sales are done on a face - face basis ) & noticed one of the settlement amounts on the card terminal bank deposits was short so contacted the card company which said a customer has requested a chargeback on a sale the reason saying the goods bought was not fit for the purpose purchased for. I have old fashion till which does not show any sales or descriptions of what is bought, plus when the settlement statements match up i shred the sale receipts. The card company told me the transaction was paid for with the customers phone & shows on my portal. They have asked me for sales prof, cctv, terminal receipt of the transaction which I have none, as this was done a few weeks later. I have asked for pictures to prove the items are not fit for the purpose purchased for plus said if the customer can return them i would give them a full refund but have had nothing back plus no pictures. Also I have had no communication with the customer even asking me for a full refund. They have now closed the case & awarded the customer the full refund. Any advice would much be appreciated
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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.
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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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