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    • Interesting question regarding what Government accounts opposition parties have access to, before an General Election. From what I understand, Government department accounts that are published are always lagging behind and would not include some amounts which are classified as 'commercially sensitive'.  Therefore opposition parties and Parliamentrary select committees would not have access to accounts which contain real time up to date information. If a new Government have found £20 billion of spending liabilities they did not know about, this could be true, as £20 billion is not that much when you look at total Government expenditure. Government department are making decisions on spending all of the time and it could be the previous Government were planning tax changes and/or spending cuts to balance the books.  Jeremy Hunt has recently said that if the Tories had stayed in Government and held an Autumn budget, it would have been very difficult to cut taxes as some had wanted.
    • Everyone knows the tories were hiding the costs - and even added 4 billion quid to the taxpayers high interest credit card to fund a chunk of the NI tax reduction - prime example - look at how much cost was hidden re the Rwanda dogwhistle -10 Billion quid     and re the handful of rebels on the benefit limit If the disasters (like the Rwanda rubbish) of Tory dogs being wagged by the extremist minority ERG tail doesn't highlight the issues .. Enlighten yourself here .. (fat chance) Sir Keir Starmer is right to show Labour rebels the door WWW.INDEPENDENT.CO.UK Editorial: Suspending seven MPs following their rebellion over the two-child benefit cap is more than a prime minister flexing his political muscle. It is a...  
    • Trump instigated that didnt he @theoldrouge despite losing the election - and Biden mitigated as much as he could within his boundaries?   "President Donald Trump ordered a rapid withdrawal of all U.S. troops from Afghanistan and Somalia in the wake of his 2020 election loss"   “The order was for an immediate withdrawal, and it would have been catastrophic,” said Rep. Adam Kinzinger, R-Ill., one of two Republican members of the special panel. “And yet President Trump signed the order.”   Trump ordered rapid withdrawal from Afghanistan after election loss WWW.MILITARYTIMES.COM The memo was among the latest revelations from the congressional committee investigating the Jan. 6, 2021, attack on the Capitol building.   Although i agree that Biden should have done more to mitigate Trump driven disasters
    • ok your WS is wrong. Paragraph 16 and 17 says  you did not contract with evri but this is not true - see below  Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states:  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency post 251 of occy thread - £844 lost    you should also add a paragraph on donough v Stevenson talking about the fact that even without contract there is still duty of care to goods and by failing to deliver this duty has been breached.   Make those changes and post it back up here and I'll check over things again
    • no we cant add the occy thing because leicster are being difficult people so we're just going to go without it for now
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    • If you are buying a used car – you need to read this survival guide.
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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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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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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UKPC/DCBL ANPR PCN - appealed PAPLOC Now Claimform - Mcdonalds Bristol Patchway, 562 BS34 5TQ ***Claim Discontinued***


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The Court s pretty informal. The Judge [who you call "Judge" rather than Sir or madam] will not be wearing a wig and gown just a suit and it is advisable that you do the same and a tie.

Other than that the Judge will do most of the talking .If they haven't received a WS from the scrotes either the case will probably be thrown out straight away.

Usually the Judge will ask their lawyer a number of questions then ask for your take on things and then the case will be decided.  UKPC 0 Mystic Bertie 5. Then ask for your expenses time off work [if not being paid by your company while in Court, travelling and parking costs and occasionally they will allow something like 5 hours research at I think £8 per hour.

Later celebrate and post us the result and how much fun it was.

You will wonder  why you worried about it so much. Next time will be much easier.🙂

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Jk apologies i thought you meant website by WS. No i have not received their WS. ;) 

Dx many thanks for your help  i shall read through the County COurt FAQ. The address on the front of the letter says - county court at Gloucester and Cheltenham, 1st Floor, Cheltenham magistrates court,  st Georges Road, CHeltenham, GL50 3PF.

lookinforinfo many thanks for you informative reply, i was going to go there straight from work but i can always come home first and put my suit on.. I wont be losing any money im afraid as im on the early shift this week and i finish at 2pm. I can claim for fuel, research and parking costs. I looking forward to celebrating lol ;) 

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Go for it Bertie!

Don't worry too much about how you dress.

Just remember the arguments we made in your WS.

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12 hours ago, mystic_bertie said:

No i have not received their WS.

Well thats the first point you need to bring to the judges attention.....failure to comply with directions.

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Good evening guys many thanks for your posts and advice. Im sorry for the late reply but i fell asleep on the sofa when i got home. 

The good and bad news is that the case has been discontinued, the bad news is the claimant did not inform me of this. I wasted fuel and paid for 2 hrs of parking to find this out. 

Not that it matters now but the lady in reception told me that the county court was in Gloucester today and not Cheltenham however my letter clearly says Cheltenham. So i'm assuming the county court moves between the 2 courts.

I was actually looking forward to getting a judgement in my favour but it was not to be. The woman told me that the claimant should have informed me. 

Anyway guys i thank you all times a million for your professional assistance with this one. It looks like they new they would lose and gave up, its appalling that they allowed to waste the court's time as well as mine. ;) 

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  • FTMDave changed the title to UKPC/DCBL ANPR PCN - appealed PAPLOC Now Claimform - Mcdonalds Bristol Patchway, 562 BS34 5TQ ***Claim Discontinued***
Posted (edited)

I'm really lost as to why they say it was at gloucester. Your notice of hearing is clear that its at cheltnam. 

Yes the claimant should have informed you, but its likely DCB legal may have sent a letter you never got - it did seem a bit weird that you didn't get their WS

 

EDIT - I've checked courtserve and your hearing isnt listed on there, so as much as it won't help you, this might be a good guide for users to check the day before their hearings

Edited by jk2054
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underpaid paralegal

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Hi Dave yes indeed we won and its wonderful news. This is obviously their way of being sore losers and inconveniencing me slightly lol. At least it it was worth it in the end and i did not have to pay their stupid over inflated pcn. ;) 

 

JK - I would need to ask them to find out the reason for the different location. Its a silly set up if you ask me. Im guessing its been discontinued and so the court assumed they did not need to inform me. 

I never got anything from DCB legal, the court letter is dated on the 25th Feb, i don't know at which point it was discontinued. 

Yeah that's a great idea and making sure people check before attending. I did phone yesterday but it was after 4pm and they were not answering the phone. Ill know for the next time. ;) 

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You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day.

Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}.

I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂

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A win is a win so well done.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking.

I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you.

I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.

 

brassednecked - many thanks ;) 

honeybee - many thanks ;) 

nicky boy - many thanks ;) 

 

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