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I don’t really want to upload the letter onto here as some personal details? Can I send that to you in DM and then you can come back here and clarify a couple of things? I’ve got a meeting at magistrates court on Wednesday. I’ve been told this is for an appeal as they put in for an appeal just in case. Yes this is a specialist motor offence solicitor. tbey have said it’s highly likely it will get accepted but to plan for all eventualities. But is coming at a higher cost. I stand to lose a lot if I get banned and just worried I’m going to make the wrong decision. I think you’d probably make more sense of it if reading advice letter. -
By Man in the middle · Posted
I'm more confused than you are! You can only appeal your conviction or sentence in the Crown Court, not the Magistrates' Court. If you are going to do the Stat Dec (which I assume is what you mean by the "self-cert") at the court, then the original four charges will be put to you and you can then offer to do the deal. Only if the deal is rejected (which is most unlikely) would you need to consider making an "exceptional hardship" plea. Is this solicitor a specialist motoring solicitor? If so, have you asked why he is worried that the "deal" may not be accepted. And I really don't know what he means when mentioning an "appeal". You have been convicted and sentenced and you can have those quashed and begin again. There's no reason for you to appeal anything (and you don't have the right to - apart from going to the Crown Court - anyway). -
By occysrazor · Posted
Yes i have made that point in my notes to make the judge aware at the start. They've had all this time to contact me, to try and resolve before court. -
By KC Moneybarn · Posted
Should I do a time order now we have the N9 -
Yes you shall be fine I am sure just make sure to make the point at the start you are relying on CRA now ASWELL based upon the contract EVRi produced. Make sure they know its both so if one fails you are still using the other I’m not sure on BF but I think that maybe someone from EVRi will come outside the court and speak to you to try and settle
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
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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.
The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.
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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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