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Hi Jas and welcome to CAG. Well done for reading up around the forum. Shame you didn't come here before appealing. Still, we are where we are. You also have 5 minutes "consideration" time, so no overstay at all. You've already found out the hard way that these PPC's are the lowest of the low and just want your £££'s. As long as you've only got demands and final demands so far you're ok. (You'll probably get a few more!) If / when you get a letter of claim is the time to take action. (Snotty letter if you've been reading up on here.) Anyway, when your son is available, upload all the missives you've got so far and a copy of your appeal and their rejection. Is this the place? https://www.google.com/maps/@51.4431645,0.3643912,3a,75y,228.26h,88.19t/data=!3m6!1e1!3m4!1ssgS-tS92m3P_6STVzH4yqA!2e0!7i16384!8i8192?entry=ttu There doesn't seem to be much in the way of signage. (The view is from 2022) Any chance of getting some up to date readable pics of their signage next time your friend is out and about? -
yes schoolboy error - corrected to parking begging? im being polite,..following citizens advice.. when you have mental health issues and its causing more anxiety im asking the people demanding money to stop as it will only make the situation worse. the person in question is already in a lot of debt etc and cant pay it back and its not through irresponsibility that shes in debt -
Advice noted! Seen you mentioned about a Paploc (forgive the spelling if wrong) You seem to know a fair bit about these matters, from reading your replies on previous threads. I just have another question please. Am I right in assuming that the only way it can ever get to that is if the Italian justice system deems it worthy of assigning it over to the British justice system? As difficult as it may be. I just want reassurances I guess. I can see the DCA giving up, but not the solicitor in Italy, I have no knowledge on these instances. -
what happened after all the free help you got here? dx -
where does anything say its a penalty charge please? sit on your hands , stop begging to everyone await if/when you ever get a letter of claim. thread title updated
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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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