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By anotheruser0000 · Posted
Hmmm, interesting point. In my career, that I am retired from now, there were an immense amount of rules and regulations that one had to adhere to by law. The qualification process is rigorous with on going assessments throughout your career and re-certification every 12 months. If you were shown to be not competent in those rules and regulations you could not hold the position and the operational consequences of that could potentially be dire. In the same respect, perhaps a judge who is not conversant in the rules of POFA should not sit in on cases that requires proficiency in that area? I also bow to your considerable knowledge in this area, perhaps I shouldn't be commenting but by doing so I find it helps the learning process. Your last point has just reminded me of something that may help my case, thank you. -
Just had an email re the my breache in agreement by her rep. I asked you yesterday if they had asked about her name in the thread being removed. The issue they have is the Elizabeth turner and genetic pups entry on google. they knew I did not put it up and told them so in court. I dnt know how to post on google. I told them I cannot remove what I did not post. when i come back here and saw her name gone from threads title, I presumed her reps sought it. now I get an email saying her names still on google ur breaching the agreement as it’s still on google. -
Peter McCormack says "ambition is big" and Real Bedford's attendances are increasing with promotions.View the full article -
By anotheruser0000 · Posted
How does one obtain the permit? The permit team number is only open between the hours of 9am to 3pm Mon - Fri. It says on the website, To obtain an additional 2 hours, the driver must pay a tariff of £3.00 + booking fees in person at our Security Hut, is that how you get the permit also, from the security hut? What a rigmaroll that would be but maybe just another step to take to try and catch people out? -
By lookinforinfo · Posted
Anotheruser0000 bear in mind that not all Judges are equally versed in the PoFA regulations. Fortunately now most of them are but sometimes a Judge from a higher Court sits in who is well experienced in Law but not PoFA. and so they sometimes go "offkey" because their knowledge can raise a different set of arguments and solutions. It does seem particularly unfair when the decision is so bad . it can also be that in some situations the motorist being a lay person is not sufficiently know ledgeable to be able to counter a Judge's decisions in a way that a barrister could.
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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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