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You need to start drafting your WS. I would suggest as sections - Sequence of Events - a brief descrition of how you came to get the invoice. Permission from Landowner - self-explanatory. You will have to include this as it is in your defence. However, be aware that your argument is very weak and indeed harms your case. A person with no connection to the car park said you could park there - that is no different from saying that someone you met in the local pub said you could park there. Anyway, get the site manager's WS. Obviously this weak point could morph into a winner if you could get a WS from the landowner. Prohibition - you have this virtually word for word in the other WS. No locus standi - UKPC are not the landlord, they only administer the car park, they have no right to sue you (however the fact you never asked by CPR to see their contract with the landowner makes this a very weak point too). Double Recovery - again in the other WS. -
And don't be worrying too much about being a day or two late with your WS. As a litigant in person, you'll be given a little leeway. Take time to post up your WS here for the team to take a look. It'll give time to get your site manager's statement as an exhibit. Also, I understand you haven't got their WS yet? It could give you time to see theirs first if they send it. Do they have your email address? If so they could play dirty and send it the night before the hearing! -
Topic moved to the Financial Legal Issues in view of the claim for,. Please read the following and copy and paste your responses back here for further advice. -
By honeybee13 · Posted
It's quite funny that Stormy has used Trump's own tactics on him. -
Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.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.
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.
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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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