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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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    • 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.

wrong ticket issued ?

richardjgreen
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richardjgreen

richardjgreen

Posted
Posted

Yesterday July the 13th parked my car in a marked space and paid my £1 for one hour.

 

The maximum stay as stated on the sign is one hour,

there is nothing saying you must leave and not return in a certain time.

 

i put another £1 in for a extra hour,

the traffic warden arrives looks at my ticket and walks on

does his round of the car park and sees that someone had overstayed by 40 mins ans issues them with a ticket.

 

The bloke who got the ticket goes mental and tells the warden that I had been more than an hour

and insisted I get a ticket also.

 

Looking on my ticket it is issued for not displaying a ticket ??

 

can i appeal on a technical fault here?

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i hate bailiffs

i hate bailiffs

Posted
Posted

You will need to appeal this or pay

As before you know it bailiffs will become involved and massive fees

 

If you have the pay and display ticket it will gave a time on it as will the parking fine

Should be a easy appeal

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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JoeyJoeC

JoeyJoeC

Posted
Posted

According to their website it is 1 hour limited.

 

"Notes: Ferry Way 1 hour limited waiting £1.00"

http://www.poole.gov.uk/transport-and-streets/parking/car-parking-charges/beach-car-parks/ (Right at the bottom of the page)

 

(Assuming this is all that is written on the meter) ... to me, this would mean you would have to leave the car park and come back again... but it's definitely not clear.

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Jamberson

Jamberson

Posted
Posted
thank you for the reply guys, the car park is Ferry way Poole

there was only one ticket on display

 

Could you answer my questions, in post 6. It's important to know the exact contravention - what you stand accused of - and what was on display.

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Jamberson

Jamberson

Posted
Posted

Code 06 is for on-street contraventions. You can check with the council whether that place is defined as on-street, or as a car park. If it's the latter, then the wrong contravention code has been used, but you'll have to find out to be sure.

 

And my other question? "did you have your second ticket on display in the vehicle when he started to issue it?"

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Jamberson

Jamberson

Posted
Posted

Look - do you want to know where you stand or not? The question is not how many tickets were on display. I am asking whether the second ticket was on display, when the CEO started issuing your PCN.

 

Just tell us. If you don't I'm giving up on the thread because you can't be helped if we don't know the facts.

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JoeyJoeC

JoeyJoeC

Posted
Posted
Look - do you want to know where you stand or not? The question is not how many tickets were on display. I am asking whether the second ticket was on display, when the CEO started issuing your PCN.

 

Just tell us. If you don't I'm giving up on the thread because you can't be helped if we don't know the facts.

 

He made it clear that there was only one ticket on display. I'm not sure what you're having a problem with.

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JoeyJoeC

JoeyJoeC

Posted
Posted

You had paid for the all of the time you parked there. The CEO doesn't know if you were there for the previous hour, he's possibly just going on the member of the publics word.

 

He ticketed you for not displaying a ticket, but you were displaying one. Send an appeal and they should accept it. Send a copy of the ticket showing you paid.

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Jamberson

Jamberson

Posted
Posted
He made it clear that there was only one ticket on display. I'm not sure what you're having a problem with.

 

Can't you read the post you yourself are quoting back at me?? I don't want to know how many were on display. It's irrelevant. Four times I've asked a different question and still nonethwiser. It's just a waste of time. You have to have a valid ticket on display when he starts issuing. Not any old ticket, as you seem to think. A valid, current one.

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dx100uk

dx100uk

Posted
Posted
please dont get grumpy

the ticket on display was the valid one

 

previous one in glove box

 

^^^^^

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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letsgetitsorted

letsgetitsorted

Posted
Posted

looking at the car park and the wording on the road, where the ticket is a car park, contravention should have been 83 Parked without clearly displaying a valid pay and display ticket and not 06.

you say your ticket was clearly on display and the previous was in the glove box.

 

your appeal should be on 2 points

wrong contravention code

ticket clearly on display.

 

when you appeal send in a copy of the ticket purchased, to show a valid ticket was there when the PCN was issued.

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green_and_mean

green_and_mean

Posted
Posted

your appeal should be on 2 points

wrong contravention code

ticket clearly on display.

 

 

What has the wrong code got to do with it? He is alledged to have failed to display a valid ticket that is the only contravention that needs to be addressed.

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letsgetitsorted

letsgetitsorted

Posted
Posted

however the wrong code was used to issue the ticket, 06 instead of 83, so i would have thought that to points of appeal would be better than one

What has the wrong code got to do with it? He is alledged to have failed to display a valid ticket that is the only contravention that needs to be addressed.

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