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Looks to me like PE are not passing the address info on to DCBL?? -
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Well that will lead to more backdoor CCJs. I think you need to complain to all and sundry. Let's start with the BPA. The BPA are PE's mates, so they will never decide that PE have done anything wrong. But that's not the point, correspondence between the two may lead to PE promising to write to the Scottish address, which is all you want. Check the below for accuracy as methinks you have sent more correspondence that what I've quoted. How about something like - Dear BPA, Re : Parkingeye Ltd PCN no.XXXXX, Claim no.XXXXX PCN no.XXXXX I am writing to complain about your above-mentioned member. I understand of course that you cannot enter into the merits of why a PCN was issued. The reason for my complaint is that, instead of writing to me at my address at XXXXX, Scotland, your member insists in writing to me at XXXXX, England, which is an address which I have never lived at. I have always resided at the Scottish address. The address registered with the DVLA for the vehicle is my Scottish address. I first because aware of this mess when the person who lives at the English address kindly contacted me, to tell me that a County Court Judgement for me had arrived at that address. I requested that Parking Eye agree to a set aside by consent. However, they refused. I ended up paying £XXX despite having had no chance to defend myself. Regardng the second PCN, I attach correspondence dated XX February and XX March. The latter was a complaint - which your operator has completely ignored. Even worse, they have instructed debt collecting agencies twice to write to the English address. On top of this, the person at the English address is moving out next week which means I am in danger a second time of losing a court case by default. I would therefore like to complain about your operator and would request that you instruct them to do what should be a simple thing - to write to me at my correct address. Yours, XXXXX
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By HappyDay2222 · Posted
Hello DX - So an update: Resolvecall have written to say they have closed the account with them and passed it back to Capquest after receipt of my SB letter. Capquest have written twice, once offering a payment plan and the second letter after receiving my SB letter saying they are looking into my complaint and will respond within 8 weeks. Absolutely no mention of what the debt is, was or from when or any details still. Is this a case now of waiting to see what they come back with or is now the moment for me to send another letter via Solicitor please?
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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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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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.
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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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