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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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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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VCS SPYCAR PCN claimform - Stopping in a restricted bus stop / stand. - TAXI -- Robin Hood Doncaster Airport **Claim Discontinued**


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Hi Caggers,

 

I was collecting a customer from Doncaster Airport, I pulled over onto the bus stop just before the entrance to their car park, it was 10pm and I was checking the Arrivals App to see if the flight was on time . . . whilst sitting there I noticed a camera vehicle drive past me, thought nothing of it and continued to the car park to collect my passengers . . . I am a hackney carriage btw . . . 

 

I received various letters asking who was the driver etc and finally received a Final Demand, a Demand for Payment, Notification fo Instruction from a bully and then I actually received a Court Summons!!

 

Looking on here when they first contacted me I saw that this lot have only gone to court 3 times and never won, so I'm a tad perplexed that I've received the summons unless something has changed on the legal stances?

 

Any help or direction would be very much appreciated

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  • dx100uk changed the title to VCS PCN claimform Hackney Carriage licence holder -- Doncaster Airport
  • stuber changed the title to Doncaster Airport 'Parking Fine'

Which Court have you received the claim from ? - Northampton, 

 

Name of the Claimant : Vehicle Control Services Limited

 

Claimants Solicitors: Elms Legal Limited

 

Date of issue – 17 March 2023

 

Date for AOS - - Yes started this but unsure of the 'contest jurisdiction'

 

Date to submit Defence  - 18th april.

 

 

What is the claim for – 

 

1. The Claim is for a breach of contract  for breaching the terms and conditions set on private land.

 

2. The Defendant's vehicle, XXXXX, was identified in the Robin Hood Airport Doncaster on the 6/10/22 in breach of the advertised terms and conditions; namely Stopping in a restricted bus stop / stand.

 

3. At all material times the Defendant was the registered keeper and/or driver.

 

4. The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations.

 

5. The sign was the offer and act of entering private land was the acceptance of the offer hereby entering into a contract by conduct.

 

6. The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued, and the defendant has failed to settle the outstanding liability.

 

7. The Claimant seeks the recovery of the parking charge notice, contractual costs and interest.

 

What is the value of the claim? - £255.00

 

Amount Claimed - £170.00

court fees - £35.00

legal rep fees - £50.00

Total Amount - £255.00

 

claimform.pdf

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For PCN's received through the post [ANPR camera capture] 

(must be received within 14 days from the Incident)

 

Please answer the following questions.

 

1 Date of the infringement 6.10.22

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Sorry Can't Find It

 

3 Date received Sorry Can't Find It

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Sorry Can't Find It

 

5 Is there any photographic evidence of the event? Yes
 

6 Have you appealed? [Y/N?] post up your appeal] No
 

Have you had a response? [Y/N?] post it up N/A
 

7 Who is the parking company? Vehicle Control Services

 

8. Where exactly [carpark name and town] Doncaster Airport, Bus Stop just before the Short Stay Parking
 

For either option, does it say which appeals body they operate under.

IPC - international parking community
 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here - Demand for Payment, Final Demand, Notification of Instruction (from their legals), Court Summons

 

 

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  • dx100uk changed the title to VCS PCN claimform - Stopping in a restricted bus stop / stand. - Hackney Carriage licence holder -- Robin Hood Doncaster Airport
  • 2 weeks later...
  • dx100uk changed the title to VCS SPYCAR PCN claimform - Stopping in a restricted bus stop / stand. - Hackney Carriage licence holder -- Robin Hood Doncaster Airport
  • 2 weeks later...

and on the day I sent the copies to Elms and the Court I received a letter notifying me that Elms are no longer acting for VCS!!!! Now what as the deadline was the following day, so letters were sent guaranteed next day to ensure they got there on time . . . do I now send another version to VCS?

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  • 1 month later...
  • 2 weeks later...

so Mcol has now updated . . . 

 

DQ sent to you on 17/04/2023

Case Stay Lifted on 22/06/2023

DQ filed by claimant on 22/06/2023 - I actually have postage proof that this was sent 3/5/23

 

So unsure what DQ filed by claimant means?

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yes, they're behind so are only processing April data at the minute!!! Was told to ring back in a week's time and go through the information again . . . btw all calls are recorded, so I have a get out if anything happens in between . . . I hope!

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Yesterday I received a 'notice of transfer proceedings' which is to be 20 miles or so from where I live . . . Details of Judge's directions will be sent to me in a notice of allocation etc . . . 

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  • 2 months later...

ok, I've received my court papers, claimant has to pay £27 before the 26 September or the case is thrown out, the court date is 10th October on Teams . . . but I also have a 'Notice of Trial Date' which states the 10th October but at the County Court in Scarborough, very confusing lol

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