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Where are you getting this none attendance from ? -
I have just received a PCN with CCTV from Barnet Council of my vehicle for the following traffic contravention: 50R Performing a prohibited turn no right turn. The CCTV clearly shows the full length of the car turning left into the main road. However, once in the road there was space, so it clearly shows the vehicle turning right in the main road. My question therefore is where does the contravention start and stop? Does the contravention apply to one road or both? Do I have any grounds to appeal? Is their any evidence I can use to help with my appeal if there are grounds? Best, Derek -
Yes because the claim is still with them and never been allocated
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Hi All, I am hoping for some guidance before I complete my Directions questionnaire as the wording from the defendant (DPD) has worried me. Quick outline: Booked a parcel on MyParcelDelivery, chose the courier DPD with insurance to the value of £995.00 Parcel dropped off, parcel didn't move for 7 days so I queried with MyParcelDelivery They raised an investigation with DPD. After a few weeks DPD declared it lost and MyParcelDelivery asked me to complete a claim form. Over the next few months DPD just keep telling MyParcelDelivery it was still under investigation. Eventually I had enough so sent a letter of action to MyParcelDelivery, had no reply so opened a MoneyClaim. No reply to the MoneyClaim, requested judgement no reply again and was then informed they had gone into administration. Repeated the process with DPD, again no reply to letter of action, opened a MoneyClaim afterwards and this is where I am now They have responded with a few points: 1. They reject the claim in its entirety on the basis its been entered against the wrong party, it should be against MyParcelDelivery not DPD. I expected this and have read up on the Rights of Third Parties Act 1999 but I am hesitant to pursue as they have said they want the claim stricken and if not they will continue to defend the claim and pursue me for any costs or damages incurred. 2. They have also claimed to not have received a claim from MyParcelDelivery which I am not really sure how I can prove other than the 20 emails MyParcelDelivery sent me updating me of where we were with he claim process and DPD before they went into administration. 3. DPD local who MyParcelDelivery use is a sister company to DPDgroup Uk Ltd, I raised the claim against DPDgroup Uk Ltd so they are saying are not involved I personally believe as DPD admitted they lost my parcel and I have a relationship albeit not direct with DPD. I also received an email confirming drop off from DPD not MyParcelDelivery and I have exhausted all avenues prior to this. And is it wise to mention MyParcelDelivery went bust as they are wanting me to claim against them and not sure if mentioning I can't is a plus or not? Thanks in advance for any help P -
Thanks badtimes Apparently judgement has already been made! Unbeknown to any of us!
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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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