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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Parking Eye PCN Claimform - Goodmayes Hospital, IIIford , Goodmayes Hospital, Barley Lane, Ilford , IG3 8XJ

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Nicky Boy

Nicky Boy

Posted
Posted

SAR is a good idea. They HAVE to reply to that. CPR reply isn't mandatory. 

In fact we have caggers sue and win against the fleecers for SAR non compliance. 

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FTMDave
FTMDave

Without boring you with the reason, I recently calculated the success rate for Caggers in court hearings against the most litigious of the PPCs over the last couple of years or so, and it was about 85

FTMDave
FTMDave

Presuming you've sent the above to PALS, I would also put in some work this weekend and see if you can get the hospital's/trust's CEO's e-mail address and send it there too.  Belt & braces. G

Nicky Boy
Nicky Boy

So, have you had a chat with Mum? Is she up for a court appearance? If so, the team will offer their help. Yes, your case is good, but... there's always what's known as Judge lottery. I

Nicky Boy

Nicky Boy

Posted
Posted

At the very least I think you should be writing again,  asking for the omitted contract. Wait for other comments from the team.

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Nicky Boy

Nicky Boy

Posted
Posted

Considering the Government NHS Car Parking Guidance link Reapstar's found, would it be worth a punt at contacting PALS, explaining the situation as it is now and asking them to intervene?

I see the relevant text is a "voluntary element", but it also states...

"The following actions from the 2015 principles remain voluntary but all trusts should implement them wherever possible."

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Nicky Boy

Nicky Boy

Posted
Posted

Yes,

Ask for the copy of the contract they didn't supply... and don't be polite about their total incompetence, costing you time and money, which you will claim back in costs if they're stupid enough to do court.

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Nicky Boy

Nicky Boy

Posted
Posted (edited)

No, don't know what hourly rate is allowed for LIP costs.

You're taking notes of time?

And I've just noticed... you're still using the "fine" word. You'll be upsetting one or two of the regulars! 😅

Edited by Nicky Boy

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Nicky Boy

Nicky Boy

Posted
Posted (edited)

It was not the drivers fault they could not leave within the alleged 30 minute time allowance that they say didn't even know they had at the time.

I'd remove the parts highlighted in red. (Don't want any clues feeding back to the fleecers).

Don't forget to add the PCN number and Reg.

See what the others think.

Edited by Nicky Boy

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Nicky Boy

Nicky Boy

Posted
Posted

The point of the SAR is to get all the information the fleecers have on you. You don't need to ask for anything else!

We could do with some help from you.

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Nicky Boy

Nicky Boy

Posted
Posted

Ah, you mean the missing contract from the CPR. Yes, write and ask for it. As mentioned already, don't be polite about them wasting your time. 

A SAR wouldn't produce this.

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  • dx100uk changed the title to Parking Eye PCN Claimform - Goodmayes Hospital, IIIford , Goodmayes Hospital, Barley Lane, Ilford , IG3 8XJ
Nicky Boy

Nicky Boy

Posted
Posted

If you really want to get some money out of the fleecers, whup them in court and then bring a gdpr claim.

Also keep a close eye on your SAR. If they don't comply, issue a claim.

We have had one or two caggers recently doing exactly this.

Most victims are just happy to get the fleecers out of their lives, but you sound like a real bulldog. Grab and don't let go easily. 

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Nicky Boy

Nicky Boy

Posted
Posted

Instead of ranting about the system, follow the rules and use the system against the flecers... as above.

Beat them in court, then after you've done that, initiate a GDPR claim against them...

If they don't comply with the SAR, initiate a non compliance claim.

As already mentioned, this takes time and effort and the vast majority of victims just can't be bothered.

Don't see how you could "irritate the judge".

We're talking about totally seperate legal actions.

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Nicky Boy

Nicky Boy

Posted
Posted

Yes, usual rubbish "scary" letter.

 

If you look close, you'll probably see in faint subliminal ink...

"It's getting closer to your court appearance. Why not pay up now to save yourself the terror of the courtroom?" 😂

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Nicky Boy

Nicky Boy

Posted
Posted

Reapstar,

It can be a steep learning curve,  but you're getting there. The more you find out for yourself, the better. It "sticks" in the old brain cells better. 

It'll stand you in good stead if it ever actually gets to court. You'll be the one presenting your case...

Just keep reading.

I've learnt a hell of a lot just reading around this forum. 

We could do with some help from you.

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Nicky Boy

Nicky Boy

Posted
Posted

I believe there's a section asking if the case is suitable for a hearing on the papers only. Obviously you say no, 'cos the fleecers lie and twist things in their WS.

Then you explain why not suitable using DX's little spiel...

We could do with some help from you.

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Nicky Boy

Nicky Boy

Posted
Posted

This is definitely along the lines of what Dave said earlier.

Having seen some contracts, there is usually a clause allowing cancellation by the client (in this case, the hospital), but only within a certain period , or before "recovery" commences. The reasoning? Because the fleecers start to "incur costs"... huh, yeah!

Agree with Dave, plug away with the CEO, again quoting the "Additional charges should only be imposed where reasonable and should be waived when overstaying is beyond the driver’s control (such as when treatment takes longer than planned, or when staff are required to work beyond their scheduled shift)." from their own Government "mandate". (Good word, better word than "guidance").

If all else fails and, due to your personal circumstances, you really want this out of your hair, possibly offer the fleecers (via hospital CEO, so he's aware) to cover their actual costs of £35??

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Nicky Boy

Nicky Boy

Posted
Posted

Alongside the fact that the fleecers have only just initiated legal action, it might be an idea to mention that you gave them the option to cancel the charge back on 03/08/2022.

(When you sent your "snotty letter").

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Nicky Boy

Nicky Boy

Posted
Posted

How about this modification for second to last para?

You may or may not be aware that Parking Eye have written to me offering to settle the outstanding PCN by payment of £70.

This is to say the least, disingenuous. Parking Eye have paid a £35 claim fee to start the vexatious court action. That is the limit of any extra costs they have incurred.

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Nicky Boy

Nicky Boy

Posted
Posted

Very fortuitous timing for your own reply.

Just modify lhe text...

You may or may not be aware that Yes, Parking Eye have written to me offering to settle the outstanding PCN by payment of £70.

This is to say the least, disingenuous. Parking Eye have paid a £35 claim fee to start the vexatious court action. That is the limit of any extra costs they have incurred.

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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 OTHERS

 

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