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    • Hello,

      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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Failed response to challenge on PCN


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Hi

 

Wondered - I recieved a parking ticket on 16th July and challenged it the same day.

 

I had heard nothing from local authority so emailed them to check they had received it. I received a response 3 days later saying they had a backlog and challenge will nont be addressed for another 2/3 weeks.

 

Is there a time limit for them to respond to a PCN challenge?

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It does seem silly that they do not have a time limit if I hadn't paid their ticket for this length of time then they would have sent it to the baliffs by now.

 

They did assure me that the account (ticket) was on hold and would not increase until they had considered it. Mind you I doubt they will accept the challenge as I was legally parked I just had set the time wrong on my badge due to a receipt obscuring the clock in the car I read 11:30 as 1:30 I have no sense of time so didn't realize until I saw the ticket.

 

I did send them photos showing how the clock was obscured - but for them to accept the challenge they would have to view the circumstances with a human response :lol: not much chance of that hey.

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I would be happy if they take their time about it. Are you really in a rush to get a charge to pay?

 

 

Whether they accept your appeal or not, you can post here for advice if you provide some details. You may get a human response from them, but it's important you appeal in the right way - don't assume they are your enemy, or it will count against you.

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In this instance the error was mine without a doubt - however it wasn't an intentional action - I'm just have no concept of time if I did I would have realized it wasn't 1:30 - If they reject the challenge I will pay as I have no grounds to take it to appeal - unless they take into considerations my cognitive difficulties?

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