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    • Couldn't get back to you this afternoon I will tidy it up in the morning ready for the deadline Andy  
    • @jk2054 Received the order of judgement today and Evri have also paid. @BankFodder and JK - I've recently sold an item on Ebay and this time, I did not use Packlink or Evri to send the item to the recipient (used Royal Mail and item successfully delivered). However, I took screenshots of the process to go through Packlink to book a delivery service such as Evri, as i thought it would be useful for you and other members of this forum to see how someone would choose a delivery service through Packlink, and the information that's available about the parcel value, delivery service, compensation etc.  It may also be helpful in future WS / Bundles as an example to show that Packlink is an intermediary / comparison service which provides users with a list of services of delivery companies and the user selects the option that best meets their needs. The screenshots are in the attached pdf. You'll note that A lot of the information is pre-populated such as the order value (which cannot be changed), recipient's address etc. and there is a list of different couriers / delivery services, the compensation they offer, and the price of using 1 of the couriers/delivery services. Towards the end, there is an option to select full compensation coverage from Packlink, and proof of delivery, and the costs for each of these services. In each of the screenshots, there is a prominent message that by clicking "purchase postage label", the user is acknowledging and accept that their purchase will be subject to Packlink terms and conditions - these are the Terms and Conditions that Evri provided in their defence witness statement in my case, and that I used to explain to the judge that under these T&Cs, there is a contract with the delivery company. Delivery service selection on Packlink (redacted).pdf
    • or an egg loan? as you say their paperwork only refers to an 11 digit number not a 16 digit on for a card? dx  
    • Thank you for explaining my options it makes me wonder whether they know all of this and thats why theyre being so cocky and evasive. I have one of their names so I'll try and find where they live but i was hoping to ' Force' their hand and go for a Particulars of claim letter and then wait till the 7th day of that when theyd have no more time to waist and they would cave in and refund ... They definitely have something to do with Techzone Buxton as he has given a review on his FB page ... Ill have to have a drive up to the address on Companies house page  
    • VAG Group cars all hold the distance travelled in KM on the ECU, its selectable between KM and miles on the Infotainment display. 18000 Km is  approx 11000 Miles.   It's appears to be just a diagnostic OBD readout, if you had a an actual cylinder misfire it would be obvious, its not really an indication you have a fault. BankFodder is 100% correct 
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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Cpm/BW windscreen pcns - BW PAP LOC Now Claimform - (residential car park) The citrus Building, Maderia road, Bournemouth ***Claim Dismissed with Costs** now another PAPLOC for another same place ticket ***Dismissed again with costs***


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might do go check Mcol

if not ring northants bulk and ask.

 

dx

 

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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Allocation varies by court and workload....and no it does not show on MCOL...you have to ring.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • 1 month later...

So a bit of an update as I haven’t posted for a while

 

I have received a court date of the 14th of Feb 2020 (maybe they will take me for a nice meal afterwards?) so I am starting to prepare my witness statement. 
 

today I have received a letter from BW legal in response to my CPR letter

yet again ignoring the fact that their T&Cs do not cover double parking.

 

They are also now starting to hint that I was parked out of the bay

yet the images provided on their evidence of the three tickets they are claiming for don’t evidence this as they are such bad quality. 


stapled to the back of this is another letter.

 

As a “gesture of good will”, the client is offering an out of court settlement figure of £500 payable in the next 5 days.

Me thinks they are starting to realise they may not have a leg to stand on here!

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whats their court hearing fee paying date?

 

dx

 

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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they cant just change their mind as to what condition was breached, it has to be given on the screen ticket ad the NTK and match one of the conditions on the signage at the time.

 

If I employed you to cut my grass and you did a rubbish job of that and I decided to sue you for not watering the flowers I cant suddenly change my mind when I realise that is a loser and say that you didnt cut it in a nice stripy pattern when there was no such mention of that condition in the agreement.

 

GOGW is admissible to show that thier client doesnt really have a contractual claim for the sum at all. they will say they are being generous but the truth is they are abusing the courts to try and coerce you into paying money that isnt actually owed and they know it. half of what they ask for is unlawful under the terms of the POFA but they do like to try it on as it mitigates their costs of the actions they lose

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Gesture of goodwill. A phrase where someone knows they've done wrong, won't admit it, are still trying to pull a fast One,  but want to make it look like theyre still being generous

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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They're known to.go right to the last minute.  Either begging you on the courtroom steps or even going into court and lying and telling the judge he or she is wrong.

 

That's why you need to make sure you have everything in order on your side. Just in case.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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My WS will be finished Monday at which point I’ll post it up for review. My submission date is by 1400 on January 4th. I’m conscious that with Christmas and new year, it doesn’t give much time so am I ok to submit my WS via email or is that still a big no?

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Unfortunately I've been behind on this due to sickness so am very conscious of time (needs to be submitted by 4th Jan). Ive uploaded my redacted witness statement. I would really appreciate any criticisms from anyone as this is the first time i've done something like this!

witness statement redacted.pdf

 

 

On 23/12/2019 at 09:14, ericsbrother said:

it is a big no.

Read ther CPR's it has to be in writing but it wont hurt to email the court a copy but NEVER use email to the bandits

 

As the court isnt far, i assume id be ok to hand deliver it? I know its not ideal but i want to make 100% sure its there before the deadline?

Edited by harni
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It's all a bit loose tbh. You've got week to get it in, so I'm sure we'll get something better pulled together. Have they served their WS on you yet? I'd prefer to see what weaknesses it presents before working too hard on yours. Even if it's a day or two late, it shouldn't harm.

 

You still haven't posted up the tickets and notices to keeper I asked about further up.

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Thanks Shamrocker. Im glad i got it uploaded with time to make changes.

 

Apologies for not uploading the tickets and NTKs. See attached.

Note that i appealed each of these before the NTD arrived as it is a lease vehicle so the NTK would have gone to the lease company and then on to me with a nice charge for the hassle. 

 

They have not issued their WS to me yet.

The last i had from them was December 14th when they sent me 2 letters together.

 

One was a response to my points in my defence along with all of their evidence (about 10 pages worth).

The second letter was a 'gesture of good will' that the claimant will settle out of court for £500 if paid within 7 days.

Needless to say that had about as much consideration as the rest of their rubbish!

NTK's_and_tickets.pdf

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Would really appreciate any feedback. Having reviewed the paperwork, it has to be returned by 4pm 3rd Jan, not the 4th so i have to get this in the post on the 2nd which doesn't leave me much time unfortunately 

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wheres the letter that tells you WS must be in by 3rd?

usually its 14 days before the court hearing?

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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1 minute ago, dx100uk said:

wheres the letter that tells you WS must be in by 3rd?

usually its 14 days before the court hearing?


On my desk at work unfortunately but I read over it several times for that reason. From the threads I have read on here it seems everyone gets 14 days before but it 100% says to be in by 4pm on the 3rd  No explanation to it either. 

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6 hours ago, shamrocker said:

Harni... when these tickets were issued due to double parking, did only one vehicle receive a ticket, and was it the one allegedly overhanging the area they supposedly manage (tarmac)?

 

Did you send a CPR request upon receiving the claim form?


Yes they only ticketed one vehicle and yes it was the front most vehicle close to the tarmac 

 

yes CPR went off and they returned all the docs I requested although stupidly I did not request a copy of their contract 

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On 29/08/2019 at 22:59, harni said:

1.The claimants claim is for the sum of £667.19 being monies due from the Defendant to the Claimant in respect of Parking charge notices (PCN) for parking contraventions which occurred between and on private land managed and operated by the claimant, where the defendant was responsible for a vehicle registration mark, seen breaching the terms and conditions in operation at the car park/private land.

 

2.The defendant was allowed 28 days from the PCN issue date to pay each PCN but failed to do so.

Despite demand having been made, the defendant has failed to settle their outstanding liability. 

 

3.The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum (a daily rate of 0.11 from 20/12/2018 to 27/08/2019 being an amount of £27.19. The claimant also claims £ contractual costs as set out in the terms and conditions. 

 

1. the claimant has failed to show a cause for action as they have not shown they have a right to enter into contracts with the public nor to make claims in their own name. The defendant does not believe they have locus standi in this matter.

 

2  In any case there was no breach of the contract offered by the defendant.

 

3 the claimant offered individual terms that override the signage at the site so the terms in that contract were adhered to and thus no cause for action by way of a breach of contract

done above SR.

 

dx

 

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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