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By occysrazor · Posted
Sure, although i'd like to think other people would read the thread to access the final version uploaded yesterday and recognise that there was feedback post-upload for only a new paragraph 47 to be added. Anyway, attached is the redacted updated final version of the WS / Court bundle with the new paragraph. Final WS and Court Bundle redacted.pdf -
OK. All of us here have made mistakes in legal dispute - the important thing is to learn from the mistakes and get it right the next time. So for future reference - 1. Not a good idea to ignore a Letter of Claim. The PPCs are on the look out for people who don't reply, as they think there is a good chance that the person won't reply to the claim form either, gifting them an easy default win. 2. Not a good idea to fail to send a CPR request. As they usually don't reply this gives you a chance to wallop them in your WS for not producing the correct legal permissions. 3. Not a good idea to play your cards so early in your defence. They will know how you mean to defend and will prepare accordingly to rubbish your arguments. Anyway, spilt milk and all that ... So what arguments do you plan to put in your WS? You can't say "a bloke told me I could park there" as your opponent will just ridicule you for believing a load of baloney and not bothering to read the car park signage. I see you have questioned their right to bring claims under their own name (defence point 1) which is a start - but unfortunately you can't show them up for refusing to show their contract with the landowner following a CPR request. Who is this mysterious owner of the car park then who gave the permission and can they be involved? Your arguments about POFA (4) will fail as you've outed yourself as being the driver in your defence (3). You question their signage (17, 20). Good. Have you got photos of the rubbish signage? I'm afraid you don't seem to have real defence arguments that will stand up in court. dx is right - let's see the original PCN and any correspondence with UKPC. -
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By honeybee13 · Posted
You need to speak to the student welfare people. They aren't the people who decide if you stay or not, they should be there for students. HB -
I’m worried that if uni will expel me after knowing the shoplifting thing. I feel shameful about what I’ve done and I was kind of out of mind when I need money to survive. I will never do this again.
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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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