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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.  

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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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Legion Group PCN on Courtesy Vehicle


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Hi all,

 

My wife has got a Legion Group PCN for parking a courtesy vehicle in the carpark at the hospital where she works without moving her permit from her own vehicle.

 

If this weren't a hire vehicle I'd tell her to ignore, but I'm worried Hertz will hit her with a bill if we don't sort something out.

 

We've looked at the appeals process and I'm unsure whether to complete it, if so, how.

 

It asks for an address, which we'd rather not give, it also asks whether she was Driver or Keeper.

 

Could anyone advise please?

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Here's the standard question answers by the way:

 

1 The date of infringement?

24/08/16

 

2 Did you appeal to the parking company?

No

 

3 If no, have you received a Notice To Keeper? (NTK) Did the NTK provide photographic evidence?

No NTK yet, appeals site does have photo evidence

 

4 Who is the parking company?

LegionGroup (A division of OCS Group UK, Ltd.)

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Well, I would still recommend waiting for the NTK to land on the car lease doorstep and then accpet the liability for being the driver when she gets named. Her main defence is that she has a permit and that is that. anything they say about this is actually not their business as the permit scheme is her employers business and not theirs. they merely act as servants to the hospital, they didnt decide to introduce a permit scheme, they dont own the land, they effectively do as they are told and make a few quid on the side rooking ill people. Her employment contract, whcih the permit scheme is part of, trumps their ticket

Reason I say wit is they may not bother following the matter up. Hertz cant force you to pay anything as it is a contractual matter between you and the parking co, not a legal one. as long as they just pass the buck there is no comeback on them, they cant pay it and bill your wife as that isnt allowed, even if they say they can.

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