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    • As I say thanks for your responses so far but this forum is not for me. Please delete the thread
    • Incidentally, don't imagine that your reasoning above will make an iota of difference to Evri. In fact they are probably not even capable of understanding it. However, you must understand the reasoning. This is essential because you will be bringing your case. It is highly likely that it will go to trial and you will have to have sufficient control over the law and the logic to be able to put it to the judge in a persuasive manner and also to answer the judge's questions in a competent fashion. You will have to issue a legal action so once you have sent the letter, start preparing your particulars of claim. Let's do one thing at a time.
    • Firstly, please will you note that when you post solid blocks of text, it makes it very difficult for people to read – especially on a small screen such as a telephone. The first post you made has already been restructured with paragraph spacing by the site team. Everything we do is free – and would be pleased not to have to do this kind of thing again. I'm restructuring your most recent post is well. I've looked at the four-page document you have posted above. I only want to deal with the letter of claim so far. We know that laptops are on the non-compensation list – and as you have referred to that, you may as well then go on to make your legal points and explain why the non-compensation list is irrelevant. Of course Evri are monitoring the thread so they will know about it anyway. But the whole point is that not only would the insurance requirement – had it been available – have been contrary to section 57 and that it would have been an attempt to exclude or limit liability, also trying to include a huge list of items for which they say they will not compensate you if the fail in their duty to exercise reasonable skill and care is also a breach of section 57. Particularly, as you declared that it was a laptop. They then effectively alerted you that it was on the non-compensation list. This was the equivalent of alerting you that you should be careful because even if the breach the delivery contract and failed to exercise reasonable skill and care, because it is a laptop, they will exclude liability and even though that is contrary to section 57 of the Consumer Rights Act and therefore unenforceable. So in effect they are committing two breaches of contract. First of all they have failed to exercise reasonable skill and care – breach number one. They then have attempted to exclude liability for their breach number one – and that then becomes breach number two. In fact the bar is raised even more because they have the option to refuse to take the laptop because you declared it. They still were prepared to carry it. Not only that, if they consider that there is some additional risk in carrying a laptop then being alerted they should have taken extra reasonable skill and care. In other words, being aware of what they were carrying impose on them a greater duty of skill and care than they would be required to exercise, say, delivering a hairbrush. And then to top it all, – in case we need extra help – not only is their non-compensation list and their agreement to carry your laptop without any liability a breach of section 57, the use of a non-compensation list where they knowingly accept to carry those items and yet disclaim liability for their own failings is an unfair term contrary to the unfair terms provisions of the 2015 Act. Therefore I suggest   have a look at what I have suggested above. Ask questions. Make sure that you agree with everything. Everything is true and correct. Let us know if you think that there should be anything else or if anything should be left out
    • What the locals are reporting ... Ashfield Independents overtake Reform in Tory Wipe-out Telegraph poll A Savanta poll predicts a Labour win in Ashfield, and puts the Ashfield Independents in second place ahead of Reform’s incumbent Lee Anderson   General Election 2024 Archives - Ashfield Neighbour News ASHFIELD.NEIGHBOUR.NEWS    
    • Of course it is your decision whether or not to go down the "legal route" – but actually seeking advice from us is precisely what you would be doing except that you would be getting it for free. It's up to you if you want to find a solicitor who will ask you exactly the same questions as us except you will be paying £300 an hour or if you want to follow our advice free of charge. You do need to settle down and answer the questions that we put to you. If you get a solicitor you will be asked exactly the same questions but I suppose that because you are paying £300 an hour you will be happy to answer them or even volunteer the information in order to save time and therefore money. I suggest that you give us the information we are asking for and anything else that you think might be relevant. This way hopefully we can cut to the chase without wasting time. Do understand that by coming to us you haven't simply chanced upon a piece of social media here. This is not Facebook. We are very serious about what we are doing and we are taking you very seriously. We take everybody who comes to us very seriously.  
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      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.

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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.
      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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Parking charge notice - ES Enforcement

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Hi, my car got parking c n on windscreen in Liverpool for overstay by ES enforcement I have informed them.... I was not driving..... the car, and the signage was misleading and inadequate. they have replied stating appeal has been turned down. they have also said the person who issued the pcn is self employed and raises an invoice to the company . They have said I can appeal to the IAS ? How should I proceed.... and on what basis . is this process for real ? I am not sure ! Cheers

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tell us waht happened and what the dates of the ticket, notice to keeper and letters of appeal were sent. The fact that their cowboy is self-employed is interesting as it could mean that no notice of breach of contract was issued correctly as there is no part of the PoFA that caters for such an event. Either the parking co has a contract or it doesnt, it cant rely on a third party to create something for them as they no longer are the person owed the money...

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Cheers guys ticket date 25 5 15 . It is a student's hall of residence under ground car park ,the sign says ...£4 per visit ...which the driver paid . unknown to the driver this ticket runs out at midnight (no matter how long you've been there) on the day in question you couldn't get a parking space in Liverpool because of a big event .the car park was a disaster area, my car was parked in a single bay... with yellow line restrictions at the side ,someone parked in the gap and damaged my car .it wasn't till later I discovered what was happening ,I suspect the guy issuing the tickets was making himself a few Bob by allowing cars to be parked anywhere,especially at the entrance where the signs are . I told ppc I was not the driver,bad signage and it states £4 per visit...which was paid ! But they obviously disagreed and rejected these reasons. They say can appeal to I A S

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What date did the Notice To Keeper (NTK. The letter you got in the post) arrive ???


Any chance you can post up photos of the signage in and at the entrance ???

It could be very useful in proving that no "contract" was entered into .

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The sign... is about 4 X 2 white background with blue £4 per visit got the photo can't post at the moment. I have been in touch with the _ ppc only once _ they replied on the 3rd june rejecting the points i made ( see above ) i have not been in touch with anybody else. they say I can appeal to the I A S "I was not driving the car at the time" just wondered what route to take .

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So you must have responded to the windscreen ticket because there is only 8 days between windscreen ticket and their rejection of your first appeal. .............

Bad move. You should have waited for the NTK.


Not to worry. you were not too know.


Has the "driver" got proof that the £4 was paid ?

Need the photos of the signage ASAP so the "Legal Crew" can pick this too pieces for you.


I think if you ask the Site Team there is a way you can up load through them. ......

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Basically I would ingore this now.


Return here WHEN or IF you receive a N1 Claim form,

IF that happens, you will need to be prompt and stick to deadlines so please return as soon as it arrives IF IT DOES.

CAGers can help you formulate a defence.



The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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In other words ignore anything but a county court claim. having jumped the gun so to speak you can eother appeal to the independent adjudicator (they are obliged to give you the details of how to appeal within 35 days of your letter to them and that is normally a POPLA code or details of IAS appeal, or ignore them and see if they want to take the matter to court. As the relevant fee was paid and the signage rubbish they arent going to win but it can be a bit of a nuisance so if you have appeal body details we can help you word something suitable.If they dont send you the appeals deatails then after the 35 days they lose their right to chase you for the money..

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Thank you , ES ppc have said I can appeal to IAS do i ignore this ? And then who will the next communication be from .

PS . I really was not driving the car is this not a clear reason for contesting this invoice . Again , thanks for your help

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Do I appeal to IAS ? Or wait for a communication from someone else .and what's the score about the ( driver ) I am the registered keeper , but was not the person who parked the car . So how can I be liable ? Apart from everything else including , £4 per visit ( which was paid ) considering these points how can I be responsible for any so called contract. Thanks

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