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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.

      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- Double yellow lines


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Hello,

 

Would appreciate if someone could help me.

 

I received a PCN for parking in a restricted road in prescribed hours,

the road I regularly park down, and is not a restricted zone.

 

However, I noticed after checking my car that I was parked on double yellow lines that were covered in leaves on the ground.

The car behind me was not on double yellows and I believe only the front of my car was on the double yellows.

 

These are the pictures of my car.

Is it worth appealing? If so what do I say?

 

Thank you!

C1C4630A-1E40-4642-9909-015A8EE82F35.jpg

BDD2E1C4-F5DC-42B6-A1B1-E604F895A163.jpg

213290D7-8B98-4767-B421-EBCC55F6AFC5.jpg

Edited by dx100uk
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The first picture is the best, although I would have taken one from the front as CEO do.

If lines are not visible you have very good grounds for appeal, especially as it seems there's no vertical signage nor marks on pavement, so impossible for a motorist to know about the yellow lines.

I would go all the way.

Councils usually reject all appeals as standard.

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Thank you for your response! Do you have an idea on wha wording I should use to appeal? Also, the contravention states ‘being in a restricted zone during prescribed hours’ however that’s not actually what’s happened here, it’s the double yellow lines.

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One more point of appeal then.

You should state:

The contravention did not occur for the following reasons:

Prescribed hours do not apply at time and date of alleged contravention.

 

If they don't mention the double yellow lines leave them out.

What restrictions are on this road?

Time and days?

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He didn't book you for double yellow lines, he booked you for parking in a restricted zone during prescribed hours which is not correct.

Too bad for his commissions.

They will not cancel the pcn because they never accept any appeal, but then you will win hands down at adjudicator stage which is the next step of appeal.

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This is nonsense advice.

 

"Parked in a restricted street" - code 01 - means double yellow lines. The yellow lines are the restriction.

 

Double yellows do not need "vertical signage" or marks on the pavement.

 

CEOs do not get paid commission. It's nothing to do with "free parking".

 

The contravention DID occur because you contravened the Traffic Order - unintentionally perhaps, but you were still in contravention. If you take the advice and appeal on the grounds that no contravention occured you are certain to lose.

 

You may win an appeal on mitigating circumstances, but the odds are against you. There is an expectation that motorists check what the restriction is - simply not seeing it will rarely win, and to be honest, the idea that you will win hands down at adjudication is ludicrous. You are very unlikely to win if it gets to that stage.

 

Your best bet is to write a polite letter to the Council, explaining the situation and asking for a discreationary cancellation. If they refuse, I would pay the discount at that stage if I were in your position.

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