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    • next time dont panic and wet yourself and offer payment !! Date of issue – 14 june 2024 date for aos - 2nd july  date to file defence - 16th july      other than the CCA/CRP and if it ever gets that far..a witness statement, you send them NOTHING and dont ever instigate comms with them. esp by email.. i would be sending one final email in reply to theirs above. PLEASE NOTE: email is NOT to be used for any comms with regard to our mutual court claim. else they'll be sending a whole forest of faked agreements/documents to you one minute before a court deadline removing your shace to object/pull them apart as unenforceable etc. dx        
    • Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week. AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However their reply states:  A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.  You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024. I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?
    • when is your mediation? honestly I don't think that the ups case is much use actually because it concerns third party rights BUT  as we know now the contract for packlink is direct and there are no third parties rights at all so you don't need it, and frankly the really helpful one will be from @occysrazor case but I don't know if they have it. expect evris mediation to be a complete fail yes
    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
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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.

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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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Double yellow lines on one side - can I park on the other side?


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Hi, in my area the council have just painted double lines on one side of my road. The road is fairly narrow, but there was room for people to park close to the wall and other cars could still get past. However, they've now put double yellow lines down the side where people used to park.

 

It dawned on me that I could simply park on the other side of the road, would I be correct in assuming this? Or do the lines apply to both sides?

 

I've been looking everywhere to try to find out this regulation but can't find any info at all. So if any of you know the answer that'd be great. I can provide photos if that'd help?

 

Thanks.

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In principle, the yellow line restriction only extends to the centre of the carriageway, so yes you can park on the other side without contravening them.

 

You would have to decide whether there are other issues to consider, like visibility, proximity to junctions, etc. Also, there's a reason why yellow lines are installed and if parking there is causing problems to others, getting around the regulations that way might not be the most considerate course of action. How's access for fire engines for example?

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In principle, the yellow line restriction only extends to the centre of the carriageway, so yes you can park on the other side without contravening them.

 

You would have to decide whether there are other issues to consider, like visibility, proximity to junctions, etc. Also, there's a reason why yellow lines are installed and if parking there is causing problems to others, getting around the regulations that way might not be the most considerate course of action. How's access for fire engines for example?

Thanks for the reply. The road is wide enough for cars to pass, so I should be ok to park there as I'd definitely not be over the middle. It is a narrow road though, so heavy goods vehicles would struggle to get past. Although it's a dead end here, we don't get much traffic.

 

The yellow lines have mainly gone up due to the inconsiderate parking of others. They park too near the end of the road, where it narrows even more, causing people to scrape their cars when they go past. As usual, the inconsiderate few ruined it for the rest of us.

 

If I were to park here it'd be as a last resort, when I couldn't find a space anywhere else. And it'd be on the wider part of the road, so I'm not causing an obstruction. I just wanted to know where I stood, in case I got a parking ticket. I've fought 3 so far and won 2, so I'm not afraid to go the full distance should I get a ticket. Our local council are ****, and have added in new regulations that are killing the town centre trade. So part of me feels like parking there and getting a ticket every day for a year, just so that I can fight it and cost them. But I'm not that petty, I just wish that councils would make it easier for shoppers to park, as it'd boost local businesses.

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Bear in mind also that where there is a double WHITE line system in place down the centre of the road, it is illegal to park on either side, whether there are yellow lines or not

Thanks for the info. There's nothing like that here, it's just a narrow road with a dead end. Wide enough for cars to pass, but when I park here I always fold my mirror flat as it gets pretty tight.

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It sounds like they deliberately painted just one side. They could have restricted both sides if they'd wanted. You should be OK from the sound of it provided you stay wholly on the correct side of the centre of the road. If there are no restrictions, you are entitled to park there and shouldn't get a ticket.

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