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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.  

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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.
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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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Advice on multiple Empark PCNs from hospital car park


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Hi,

 

I would greatly appreciate a bit of advice.

 

 

Having previously naively paid PCNs many years ago in NHS car parks where I have worked

, in recent times I have wised up and appealed multiple tickets successfully.

 

I am currently awaiting an NHS car parking permit from the Hospital I am working at, but I have been advised there may be a long delay.

 

 

There is no public parking space in the area and I live to far away to take public transport.

 

 

I have had a few PCNs that I have provisionally appealed against on grounds of Empark not owning the land

and the charge being disproportionate to losses incurred (am awaiting the outcomes of the appeals).

 

 

I have previously appealed on these grounds multiple times and always been successful either on initial appeal or at the POPLA stage.

 

 

I note that some companies have started quoting recent appeals that have been rejected on such grounds to try and deter the appeal,

 

 

however POPLA still seem to continue approving appeals on these grounds.

 

My query is,

 

 

can a private parking company make a larger case against someone for multiple PCNs,

or is each PCN taken on a case by case basis?

 

Many Thanks

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Each invoice is a separate matter and they can't lump them together. thumbup.gif

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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