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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.

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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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Euro Parking Services - NTD Ashted Lock, Dartmouth Middleway, Birmingham, B7 4AZ


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1 Date of the infringement: 23/10/2018

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]: 25/10/2018

 

3 Date received : 26/10/2018

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] n

 

5 Is there any photographic evidence of the event?: yes - 2 photos on letter

 

6 Have you appealed? no - letter states I need to provide certain things to appeal, but not how or where to

 

7 Who is the parking company?: Euro Parking Services

 

8. Where exactly?: . The letter states "Birmingham Science Park, B7 4BB" - however, I was parked in "Ashted Lock, Dartmouth Middleway, Ashted Lock Way, Birmingham, B7 4AZ"

 

The simple story here is that on the second day of starting a new job, I didn't display a parking permit (not being used to doing so) - and then I received this.

 

I believe I've a case to appeal, due to the fact that the parking spots are reserved for our company, and I have a permit, just forgot to display it.

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  • 1 month later...

Had another letter yesterday - inviting me to pay a £100 fine as as the registered keeper I was now liable as I hadn't identified the driver.

 

Can upload if needed, but it's pretty similar to the other one - although it states the ticket was issued 2 days after.

 

Do you need an upload?

 

Hmm, only just seeing the response regsarding signage.

Let me get that for you.

Don't know why I didn't get an email

 

Does this site include Birmingham City Council Licensing and CityServe? If so, I'm looking at the right place.

 

Yes, definitely the correct place, we're above the licencing office!

 

 

There are signs at the entry at each entry and they state 'Pre authorised vehicles and permit holders only' I cannot clearly view the on site signs so it might help if you could supply us with pictures.

 

See above

IMG_20181029_122658.jpg

Edited by dx100uk
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Attached is the letter from yesterday.

 

Apologies for the wording of "Fine" that was my own comment - I don't believe that wording was used anywhere

 

Just as a note - realise I transposed a couple of lines in the address, it should be

 

Ashted Lock, Ashted Lock Way, Dartmouth Middleway, Birmingham, B7 4AZ"

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I'm not the best at understanding these things.

Having a look at the sign, can't see that other terms not on the sign are mentioned...

 

Any chance you can explain to me the issues with the sign in a bit more detail?

Or point me to a thread that might ?

My Google is failing me.

Edited by dx100uk
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Not sure if I should make another thread on this. Didn't display my permit.agsin today (I'm not used to it with new job!) Cam out, notice affixed to car.

 

However also found a second notice on the floor that has my car in a completely different location (approx 5 miles away) 10 minutes earlier.

 

Seems they mis-issued and then just reissued the ticket in the correct place. I do however, have both in my possession.

 

Should I start another thread for this? Or keep it here?

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Opening another thread, as this is a different situation than the original

 

For a windscreen ticket (Notice To Driver) please answer the following questions....

1 The date of infringement? 04/12/2018

 

2 Have you yet appealed to the parking company yet? [Y/N?] N

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]: N

 

5 Who is the parking company? Euro Parking Services

 

6. where exactly [Carpark name and town] did you park? Ashted Lock, Dartmouth Middleway, Birmingham, B7 4AZ

 

 

 

Other info

 

New job, so - keep forgetting to display parking permit (never had to before! - and it's unwieldy enough that leaving it on the dash/in the windscreen is annoying enough to distract me whilst driving).

 

Went to lunch - found I'd got a ticket attached to windscreen. My colleague, also walking to his car, found some paper on the floor, which turned out to be another ticket issued to me for another location!! (10 or so minutes earlier!)

 

I've attached (redacted) scans of both tickets. Looking at their serial numbers, they're sequential - so issued straight after another :( I'll be expecting a letter about them both, I guess.

 

 

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My vehicle was parked where this green astra is on Google Maps (Bay 18)

https://www.google.com/maps/@52.4872561,-1.8842944,3a,60y,85.96h,76.3t/data=!3m6!1e1!3m4!1sLQRGqmy5pWwuJYbZbJW8oA!2e0!7i13312!8i6656

 

Which is addressed as "Ashtead Lock" on Google Maps, and "Ashted Lock" on the street sign

 

Signage at entrance

Full signage is in the other thread (Post #13)

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Yet another ticket today Will scan up later if needed

 

Just noticed that for all these tickets, the observation period is less than 10 minutes (one only by a few seconds).

 

Could it be put to case that there isn't sufficient evidence that I had time to park, get out of car, read signs and "agree" to the "offer" - amongst the other things that could be a case here.

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  • 5 weeks later...

I'm awful at being insulting - how about this?

 

Dear Sirs/Madams,

In response to your “Letter before Court Action” sent to me dated the 3rd January, 2019, I was not born yesterday, and will not be paying your demand.

 

There is no liability in this matter, as the signage is prohibitive, and not an offer of contract, so no contract has been breached.

 

In any case, the Protections of Freedom Act limits any charge to the specified sum, so your demand of £160 is complete and utter nonsense.

 

I suggest that you discontinue this action, as any further action will result in cost, rather than gain for yourselves, and I would be minded to claim the breach of the DPA that was the result of you obtaining my keeper details without good cause to do so.

 

 

Faithfully yours[/Quote]

 

Feel free to spice it up for me a bit! :)

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