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    • .... So after a 14 day investigation with p2g i had a live chat with them yesterday ( 8th June) who said they didnt know where the parcel was but closed the case as i didnt take out their protectiove insurance.  So now at 07.33 on the 9th of june i was repling to this thread with all the relivent information to start a claim and i check the tracking of the 'Lost' parcel for specific dates to find the tracking has updated and the parcel is now at the recipients local depot  ? which is annoying as ive already refunded the buyer as i didnt want any negative feedback as it was an ebay listing and id want a refund if i was in his postion. So i posted the parcel with Evri on the 20/5/24  The delivery date was missed due to it being sent to the wrong depot and a case was opened on the 25th/5/24 14 Investigation failed to locate the item in Evri's system and case closed on the 8/6/24 and now the tracking has updated on the 8th saying its at the recipients depot so is likey to receive it in the next few days .... Typical.  Oh well nevermind , thanks everyone  
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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.

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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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Reverend Paul Nicolson wins Judicial Review to challenge the fees councils charge when applying for a Liability Order.


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Good! It is a shame there is no vehicle whereby, given their total failure to perform their role even to the lowest of acceptable standards, the individual magistrates who rubber stamped this decision without asking any questions could not have their suitability for being a magistrate called into account.

 

If a few magistrates were disposed of to set an example, I suspect other LA's would quickly get their own houses in order.

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For many years the Magistrates have failed to question the amount of fees charged by local authorities when requesting permission to issue a Liability Order and yet, an almost identical situation is happening with convictions for using a TV without a valid licence. In such cases, the courts have been allowing Capita to recover a MINIMUM of £120 for each case.

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There is a fundamental misunderstanding that the costs associated with obtaining a liability order in the Magistrates' Court are to penalise the taxpayer.

 

Haringey Independent is apparently of that view:

 

"
The meeting comes after the clergyman won a high court legal challenge to the £125 he was fined for non-payment on the grounds that it could not be established how that figure was arrived at
.

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There is a fundamental misunderstanding that the costs associated with obtaining a liability order in the Magistrates' Court are to penalise the taxpayer.

 

Haringey Independent is apparently of that view:

 

"
The meeting comes after the clergyman won a high court legal challenge to the £125 he was fined for non-payment on the grounds that it could not be established how that figure was arrived at
.

 

That is how the councils would like to see the public think, we know that they are NOT allowed to use it in that way nor as an additional source of revenue for the general fund.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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The article in the above post originally stated that the Reverend's meeting with the auditor would be on Monday 8 June 2015. It appears the meeting will be tomorrow (Friday 5 June 2015).

 

Haringey Independent

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HCEOs, you are falling for the lie that is State Gangsterism. The lie being 'because we say we have the right to enforce and the power to do so, we are in the right". Or in true Goodfellas speak "F*** You Pay ME".

 

Once categorically and lawfully proven there is no debt, then there can be no liability and when the issuing court fails to answer my direct challenges, then there's definitely no liability!

 

Still waiting to find out how to attach my council tax bill.

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The Institute of Revenues Rating and Valuation (IRRV) has wasted no time in finding a way of cashing in on the Reverend's successful Judicial Review, by tailoring courses to council officers who have an involvement in recovery of council tax.

 

Even with the ticket prices (see below) pitched as they are, the workshops seem popular so if you want to guarantee a place I should get in quick:

 

Consequences of the Reverend Nicolson Case on Court Costs

FEES

The fee structure for this series of meetings is as follows:-

£75+vat - IRRV Members

£95+vat - Members of the IRRV Forum or Benefits Advisory Services or Organisational membership

£115+vat - Non-members

Lunch is included.

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The Institute of Revenues Rating and Valuation (IRRV) has wasted no time in finding a way of cashing in on the Reverend's successful Judicial Review, by tailoring courses to council officers who have an involvement in recovery of council tax.

 

Even with the ticket prices (see below) pitched as they are, the workshops seem popular so if you want to guarantee a place I should get in quick:

 

Consequences of the Reverend Nicolson Case on Court Costs

FEES

The fee structure for this series of meetings is as follows:-

£75+vat - IRRV Members

£95+vat - Members of the IRRV Forum or Benefits Advisory Services or Organisational membership

£115+vat - Non-members

Lunch is included.

 

Thank you for the update. I am meeting with David Magor this week so should find out more details about the courses.

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