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By lookinforinfo · Posted
well you could begin by laughing. the idiots at Europarks have had two attempts at sending you a compliant Notice to Hirer and have failed both times.🤣 For the second time they have quoted 28 days to respond but the protection of Freedoms Act 2012 Schedule 4 Section 14 [2][b]requires 21 days notice. They keep asking who was driving which is irrelevant, only the hirer is liable which is why the notice is to the hirer which seems way over their heads. They should have sent you a copy of the original PCN , your hire agreement and confirmation that you are responsible for motoring offences at the same time, which I assume they didn't do once again. You have more chance of being made a Dame of the British Empire than losing against these numbskulls. Just relax and ignore anything else they send you. I doubt they will send a letter of Claim but if they do let us know straight away so we can have a laugh and send them a snotty letter. -
can you please result this. dx -
The media giants are under pressure to attract more subscribers to their streaming services.View the full article -
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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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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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