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As above so it is essential you don't appeal and accidentally reveal who was driving. Stay quiet to Met and their pet DCA unless you get a letter before claim. -
By honeybee13 · Posted
Hello, welcome to CAG. Thank you for the information. To answer your question, we don't recommend appealing at all. It will be a waste of your time and you could end up outing the driver. Ask any questions that you have but basically you keep an eye on this, keep the correspondence and if MET ever they send a Letter Before Claim/Action. If you get to that stage, we'll suggest being proactive. Best, HB EDIT: Could we see the other side of the PCN please? Sometimes there is information that they've left off. -
By Malocclusion · Posted
Hi All, Can ii get advice on this PCN received at the services near stansted airport. Picked someone up at night and went to grab coffee and snack in mc Ds, and didnt realise there was zones in this car park, it was late dark and pouring with rain so obvious u see the large 60mins parking free and dont stand around reading everything. My son and his mother were in the back of car still as he was sleeping. Ticket appears to be from CCTV camera should i appeal, then see what they say (assume it will be rejected) then go to POPLA, Thanks in advance 1 Date of the infringement 28/4/24 2 Date of issue 30/4/24 (says 14 days from date of letter) 3 Date received 4/5/23 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? pic car and n0 plate 6 Have you appealed? [Y/N?] post up your appeal] Not yet Have you had a response? [Y/N?] post it up N/A 7 Who is the parking company? MET Parking Services 8. Where exactly [carpark name and town] Southgate Park, Stansted (parked on starbucks side which was shut) For either option, does it say which appeals body they operate under. cant see it If you have received any other correspondence, please mention it here No other correspondence pcn.pdf -
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By BankFodder · Posted
If you are confident that citizens advice are going to give you the help you need, then you should stick with them. No point in trying to ride two horses at the same time. It will only lead to confusion and conflicting advice. Also, the people at citizens advice get paid. Everybody on this forum works completely free of charge – no payment – no strings. I hope you get your money back, but for the moment I'm going to close this thread
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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.
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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