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    • No. The defence is different. Their defence paragraph 2.7, 2.8, 2.9, 2.10 – for the first time makes reference to an alleged term between the Packlink/EVRi contract which apparently specifically excludes the effect of the Contracts (Rights of Third Parties) Act 1999. If this is true then it is very likely that they will have closed that loophole because the 1999 act specifically allows itself to be excluded by an express term within the principal contract I think that you will have to do ask the court to require them to provide evidence by way of presenting their contract and also the date that this new amendment was inserted. I understand that your claim refers to an item which was lost a year or so ago. These give us the date. We would certainly want to know that this amendment predates the date when you first contracted with Packlink to send the item. I would want to say to the court that in the absence of their willingness to confirm with evidence the date that this contractual amendment was made, that the court should assume that this was a recent amendment and was therefore not in force at the time you made your contract. We have third-party defences on this sub- forum which are fairly recent and there has been no mention of this exclusion of the 1999 act. I think we can take it that this is something that they have put together very recently. Secondly, even if they want to exclude your third party rights, it does not absolve them from the negligent handling of your item and in respect of an action for negligence you have first party rights. You don't have to rely on third party rights – although of course, you didn't allege negligence in your original claim. We didn't advise you to do so. Maybe shortsightedly we didn't foresee this contractual amendment. Of course assuming that this contractual amendment is true – although I expect it has only been added recently – what they are saying here is that nobody in the United Kingdom who makes any contract with any parcel delivery company using Packlink will have the right to bring a claim for lost or damaged or even stolen parcels. These people have lost their moral compass. It is shabby treatment of ordinary customers who pay their money and who repose their trust in these parcel delivery companies. No wonder that the Paralegal Children are now ashamed to sign off these documents with their own names. In terms of parcel tracking information – apparently it has been destroyed according to their own data protection policy. That's their business. It's got nothing to do with you and they can't use this to frustrate the six year limitation for bring a breach of contract action or the three-year limitation period for bringing an action in negligence or other tort. There reference once again to the exclusion of the 1999 Act but this time apparently in the contract between you and Packlink – is irrelevant because the exclusion has to be in the commercial contract between Packlink and EVRi – which they have referred to in their paragraph 2.7 et cetera of their defence. I'm assuming that you propose to go ahead with this case. Please let us know when you respond and we will go forward. In the meantime, I suggest that you write a letter to EVRi. Referred to their paragraph 2.7 et cetera and asked them for a copy of the contract and confirmation of the date on which the exclusion of third party rights term was included in it. Tell EVRi that if they do not answer or if they refuse that this will be brought to the attention of the judge. Tell them also that you notice that they say that they have destroyed data in line with their data protection policy. Inform them that they do not appear to have disclosed this data protection policy to their customers. Please will they forward you a copy of it and once again if they failed to respond or if they refuse that you will bring this to the attention of the judge as well. I suggest that you post a draft of the letter here so we can have a look    
    • Good morning dx100UK Could I send the update to you privately? Regards
    • On the other thread you posted on, you asked about immigration issues. We aren't qualified to give that advice, sadly, you would need to find an authorised adviser. 'It is a criminal offence for a person to provide immigration advice or services in the UK unless their organisation is regulated by the Office of the Immigration Services Commissioner (OISC) or is otherwise covered by the Immigration and Asylum Act 1999. Members of certain professional bodies may give immigration advice without registering with OISC.' How to become a regulated immigration adviser - GOV.UK WWW.GOV.UK  
    • Hi. Can you show us the letter from the police please? Cover up your name and address. Our upload guide will help you. HB
    • Baidu's Qu Jing tells workers she does not care for them because, 'I am not your mum'.View the full article
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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.

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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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PCN for No Right Turn - Worth Appeal ?


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Parked in a slip road that's in foreground of pic, one way running right to left.

 

Left slip road and turned right onto main road. Only signs are left and right of slip road exit.

 

CCTV shows me turning right with long shot, then close-up showing vehicle reg.

 

On reflection, I can only say I was watching out for other cars in this very busy area and honestly did not see the No Right Turn signs. There was no signage on the road surface, opposite in the form of signs or any physical obstruction.

 

Can anyone say if the road signs give good cause to appeal due to height, etc.

 

Also, is it right that my Appeal of the challenge already turned down will mean I HAVE to pay the FULL fine of £130, as opposed to the £65 "discounted charge" paid already.

 

If it's just not worth the trouble, or paying the extra £65 if I lose the Appeal, just give it to me straight, thanks.

LBH PCN pic small.pdf

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Signs are pretty clear to me. Also by turning right you are going the wrong way down a one way street.

 

Did I read it right? You have already paid the £65 discounted charge but are still appealing?

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Slip road was one-way as per 1st para.

 

Turned right onto main road (2-way) as per my 2nd para.

 

I paid the reduced fine to avoid the higher one if I paid later but I want advice as to whether the signage is as per Regulations or whether it can be challenged on any grounds.

 

So I'm looking for knowledgeable or expert input please. :-)

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I don't think you can challenge once you've paid it slick. By paying up you've effectively held your hands up and said "it's a fair cop".

 

 

However, it would be interesting to see if there is a TRO that covers that signage, for a reason that I can't put my finger on, my gut feeling is that there is something a little 'off'.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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I paid the reduced fine to avoid the fine increasing to the full amount I made a challenge at the same time based on Google street map images of the area. The invitation to appeal confirms I will be refunded if successful but will have to pay the full £130 if I lose !! That seems unfair to me and a deterrent to appealing.

 

I didn't have the pic of the signage when I filed the challenge.

 

The challenge was rejected and I was given 28 days to appeal to the Parking Adjudicator. That's when I asked someone to take pics of the site (it's 100 miles from my home).

Edited by slick132

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........ so can anyone say if the signs are wrong ........

 

.......... or how I can check the TRO about this.

 

Thanks peeps.

 

:-)

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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no, the signs are right, you have been told this twice.

 

You ask the concil or highway authority regarding the traffic order.

 

Tell the where and what and if it is properly done they will send you a copy of it with drawings etc.

If they got it wrong then you appeal the fine.

 

........ so can anyone say if the signs are wrong ........

 

.......... or how I can check the TRO about this.

 

Thanks peeps.

 

:-)

Edited by dx100uk
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Hi EB.

 

Not being pedantic but I wasn't told the signs were right twice. I was told above that the signs were clear which I agree they are, but I didn't know if they complied with requirements for such signage.

 

However, given the advice above so far, I'm going to put this one down to experience and let it rest.

 

Thanks EB and others for your input.

 

:-)

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