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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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    • jk2054
      Santuary Housing

      By jk2054 · Posted

      I see you said you tried to stop the DD but it seems that didn't work. May I please ask why that didn't work? You should be asking your bank to cancel the DD and I don't see why they would have objected, hopefully you can clarify this. I agree that you should be making a claim here against your bank and ask them for a DD refund. There is no timeframes for this.
    • finaldj
      Santuary Housing

      By finaldj · Posted

      Thanks DX,   I wasn't aware we could do that for that length of time. I'll ask my wife to check with the bank this week
    • finaldj
      Santuary Housing

      By finaldj · Posted

      Yeah That's correct. We left rent payment coming out of his bank account from January 2023 - August 2023 until we could find somewhere to sort out his belongings which was fine. I tried to give notice a few times from August 2023 asking for advice from Sanctuary housing how we went about this explaining his condition and that he was in a Nursing home from December 2022. I explained we don't have any legal powers to his account like POT but were in the process of going for Deputyship and that I was the named person to act on his behalf to speak with Santuary housing. I said we could provide details of his condition and proof he was now in a nursing home with date he moved in. This went ignored despite repeated attempts to contact them until a housing manager contacted us end of February 2024 and notice was finally accepted with his tenancy coming to an end March 22 2024. Although they have continued to take rental payments for the flat despite someone else living in it from the 1st April. I wasn't aware payments were still being taken till I checked his May banks statements. I had asked them to back date rental payments to August 2023 when I gave notice rather than just giving notice in March 2024 but they've ignored that bit. I don't see why they shouldn't give it back they've taken money they shouldn't have.
    • dx100uk
      Santuary Housing

      By dx100uk · Posted

      go do a Direct Debit Guarantee Clawback to your bank if you've now got control of his bank account finny.
    • jk2054
      Santuary Housing

      By jk2054 · Posted

      Hello, Just to check I understand things right, he moved to a nursing home, you then kept paying the rent for a period of time whilst you sorted his belongings. You have asked to give notice and asked for backdated payments of rent from when you first asked which went ignored? They are still taking rent payments.   Have I understood correct?   If I've got anything wrong please correct me.

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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

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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.

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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.

help required regarding TFL prosecution - **SETTLED BEFORE COURT **

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rebel11

rebel11

Posted
Posted

Have you checked on Royal Mail as to which employee has signed for your letter?

 

I did give the court date. Just a bit worried if friday is too late because court date is soon and the letter said I need to reply to court at least 3 days before the court date.
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rebel11

rebel11

Posted
Posted

Yep, next Wed, from what the OP is saying, he sent his letter to TFL Special Delivery, but they have lost it. He should have chased it up straight away, sounds like he chased it but gave up. It's 'very unfair' if they have lost it.

 

Court date is the 29th of this month, Rebel.

 

HB

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rebel11

rebel11

Posted
Posted

You should be able to check online, with Special Delivery, there should be a signature:-

 

https://www.royalmail.com/track-your-item

 

Ring the Royal Mail up, you don't need to go to the post office.

 

I checked online and it only said delivered on 2nd Jul. No name. If I go to post office, will I get a name?
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sddxac

sddxac

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You should be able to check online, with Special Delivery, there should be a signature:-

 

https://www.royalmail.com/track-your-item

 

Ring the Royal Mail up, you don't need to go to the post office.

 

Oh your website have singature! I only used the post office website which only said it was delivered. I just downloaded it and mailded to TFL as extra evidence.

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rebel11

rebel11

Posted
Posted

Call the person that replied to you who said he will comeback to you ASAP, tell him you have further info, a signature, tell him that you need to respond shortly, also this is 'very unfair' as they lost your letter and that is what you will tell the Judge.

 

Before you call write down exactly what you are going to say.

 

I have sent the complaint letter on Monday and another officer has replied just saying will get back ASAP yday. How long does it take normally? In such case, should I still reply to the court summon?
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sddxac

sddxac

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Call the person that replied to you who said he will comeback to you ASAP, tell him you have further info, a signature, tell him that you need to respond shortly, also this is 'very unfair' as they lost your letter and that is what you will tell the Judge.

 

Before you call write down exactly what you are going to say.

 

I was told that my case was adjourned for 2 weeks, so I think I don't have to reply the court letter now. Do I need to do anything else?

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rebel11

rebel11

Posted
Posted

I would check with the court to see if that is correct. So far communication hasn't been great between you and TFL.

 

They didn't respond to your initial letter, they ignored your emails and they say 'they will call you back', but never do.

 

I'm guessing the adjournment is so they can look into why they haven't responded to your initial letter, when they have clearly received it and signed for it.

 

I was told that my case was adjourned for 2 weeks, so I think I don't have to reply the court letter now. Do I need to do anything else?
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Old-CodJA

Old-CodJA

Posted
Posted
I'm guessing the adjournment is so they can look into why they haven't responded to your initial letter, when they have clearly received it and signed for it.

 

I would think you are spot-on there rebel. I should think the file has been marked 'adjourned for review'.

 

Of course that review may show that a response was sent by TfL and perhaps the OP has not received that although from what we have seen posted here, it does seem unlikely in this case.

 

Any administrative difficulty will be addressed, but of course any failings in that area would not negate the original alleged offence.

 

The OP should notify the Court in advance of any dates s/he wishes to avoid so that if TfL do not agree settlement (they are not obliged to do so) the Magistrates Court can take those dates into account when setting the matter down for any further hearing.

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sddxac

sddxac

Posted
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How can I contact the court? The letter I got from TFL only have the court address. Shall I find the court contact number and call? Or have to be post? Can I discuss the court date directly to the court? Is it possible to request to postpone to next Feb?

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rebel11

rebel11

Posted
Posted

Find the number and phone the court just to check that it has been adjourned, postponement until Feb will not be possible.

 

 

 

How can I contact the court? The letter I got from TFL only have the court address. Shall I find the court contact number and call? Or have to be post? Can I discuss the court date directly to the court? Is it possible to request to postpone to next Feb?
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Old-CodJA

Old-CodJA

Posted
Posted

rebel is right, you can telephone the Court office, but it is always best to also put something in writing as this will be added to the Court file and avoids all doubt about what might have been said on the telephone.

 

Very occasionally I have experienced cases where someone has later said that they have telephoned the Court to say they could not make a particular date, but that message has not reached the Court file and the case has been heard in absence. It is always best to try to avoid any such risk.

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rebel11

rebel11

Posted
Posted

Let us know what they say. Get them to send you an email with the new date.

 

I tried to call the court but I was told that the court date was not changed. Did TFL lie to me in such case? I think I will confirm with TFL again.
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Old-CodJA

Old-CodJA

Posted
Posted
Let us know what they say. Get them to send you an email with the new date.

 

 

It is the Court who will confirm any adjournment date. TfL would have to apply to the Court for that, but it appears that it is the OP who is asking for adjournment, not TfL. If TfL don't have any reason not to proceed, they may not want to apply for adjournment.

 

 

I tried to call the court but I was told that the court date was not changed. Did TFL lie to me in such case? I think I will confirm with TFL again.

 

 

If you have definitely been told by the Court office that the date of hearing to which you are summonsed has not been changed, you should make absolutely sure that you respond to the Summons on or before the date that you have been given to attend. If you plead 'not guilty' by letter the case will be adjourned for a trial to take place. That will allow for all of these other issues to be assessed and possibly resolved before the new date.

 

You can respond to summons in writing or in person. If you are doing it in writing you are getting very near to the date of hearing and I suggest that you either deliver your letter by hand yourself, or send it by special delivery to make sure that it reaches the Court in good time. I suggest that it would be much better for you to attend if you can.

 

If you do not make sure that you have responded in good time, you may find that the Magistrates decide to hear the case in your absence and in absence of any submission from you, which is very likely to result in a conviction.

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sddxac

sddxac

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Would it be too late if I plead not guity to court now? I remember the court letter said I should reply at least 3 days before the court date.

 

I emailed TFL earlier today but have not got any reply yet.

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Old-CodJA

Old-CodJA

Posted
Posted
Would it be too late if I plead not guity to court now? I remember the court letter said I should reply at least 3 days before the court date.

 

I emailed TFL earlier today but have not got any reply yet.

 

 

No, you can attend Court on the day and plead 'Not Guilty' in person.

 

Today is 27th, if you cannot attend on 29th you need to fill in the plea form that you have received with the Summons then you can deliver that by hand to the Court office today or tomorrow, but I would not rely on the post now that you have left it so close to the hearing date.

 

If you deliver a plea by hand today or tomorrow, I would call the Court first thing on Wednesday morning and check that it has been passed forward to the relevant courtroom.

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sddxac

sddxac

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No, you can attend Court on the day and plead 'Not Guilty' in person.

 

Today is 27th, if you cannot attend on 29th you need to fill in the plea form that you have received with the Summons then you can deliver that by hand to the Court office today or tomorrow, but I would not rely on the post now that you have left it so close to the hearing date.

 

If I plead not guilty on the day, it will be rearranged too? I can give the letter to court in person, but I want to hear from TFL first today. Is that ok?

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sddxac

sddxac

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Tfl has just replied that they will attend the court and request the date change and no need for me to attend.

 

Would it still be good for me to attend on the day to meet the prosecutor to have a talk?

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king12345

king12345

Posted
Posted

I wouldn't rely on TfL asking to adjourn the trial on your behalf.

After all they want a trouble free conviction and they could easily "forget" or "confuse your file with another one" and go ahead on the day.

Better to let the court know yourself.

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Old-CodJA

Old-CodJA

Posted
Posted

Would it still be good for me to attend on the day to meet the prosecutor to have a talk?

 

 

Yes, king12345 is absolutely correct. As I have previously said, for avoidance of doubt and risk, I would attend Court if I were you.

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rebel11

rebel11

Posted
Posted

Hi sddxac

 

Go prepared as they guys have said.

 

Go to the hearing, but go prepaired just incase as suggested TFL negate to ask for an adjournment.

 

Explain what happened regarding the travel card usage - borrowed from friend. Explain that for the last 5 years you've always bought your own Oyster Card (take bank statements). Explain any mitigating circumstances, i.e. financial circumstances.

 

Explain to the Judge that you responded to TFL's letter, sent it Special Delivery.That the letter was received by TFL, print off the signature take that with you. TFL did not respond toyour letter. TFL did not respond to your follow up email's in July, print them off.

 

Say that you just received a summons recently. You contacted TFL by phone, they promised to contact you but never did. You sent a letter to the Managing Director, they began to communicate with you, although vaguely. Explain that this is 'unfair' treatment from TFL. They get it right in every other case.

 

Write all this down with dates.

 

Tfl has just replied that they will attend the court and request the date change and no need for me to attend.

 

Would it still be good for me to attend on the day to meet the prosecutor to have a talk?

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sddxac

sddxac

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Hi sddxac

 

Go prepared as they guys have said.

 

Go to the hearing, but go prepaired just incase as suggested TFL negate to ask for an adjournment.

 

Explain what happened regarding the travel card usage - borrowed from friend. Explain that for the last 5 years you've always bought your own Oyster Card (take bank statements). Explain any mitigating circumstances, i.e. financial circumstances.

 

Explain to the Judge that you responded to TFL's letter, sent it Special Delivery.That the letter was received by TFL, print off the signature take that with you. TFL did not respond toyour letter. TFL did not respond to your follow up email's in July, print them off.

 

Say that you just received a summons recently. You contacted TFL by phone, they promised to contact you but never did. You sent a letter to the Managing Director, they began to communicate with you, although vaguely. Explain that this is 'unfair' treatment from TFL. They get it right in every other case.

 

Write all this down with dates.

 

I think I will go to the court as you guys suggested and prepare the whole details about my case. If the TLF prosecutor has requested to adjourn the hearing, do I still need to tell everything to the judge?

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Old-CodJA

Old-CodJA

Posted
Posted
I think I will go to the court as you guys suggested and prepare the whole details about my case. If the TLF prosecutor has requested to adjourn the hearing, do I still need to tell everything to the judge?

 

 

It is best that you don't overcomplicate things before you get there.

 

Be prepared, take any papers that support your version of events and speak to the prosecutor before going into Court.

 

If you need to do so, the Legal Advisor at Court will give you guidance as to how to put your explanation if it is required.

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