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OK thank you very much. I will prepare my WS as you advise. I will indeed be preparing the WS over the weekend. I will also post UKPC's on Wednesday by 2nd class mail. As they have until the 17th to pay the court fee, is it possible they might discontinue at that stage too? Also I wanted to ask, in what form should the site manager's statement come? And the site owner if i can contact them? I will get photos of the signage to share with you also. Thank you. -
Theres speculation on whether the magazine was Womens Weekly or Boys own 😀 ... probably a classic first edition of boys own - based on it costing $130k :lol -
You have five days yet to respect the WS deadline which is next Wednesday. As others have said, you can e-mail the court their copy. That gives you the whole weekend to get the WS prepared. Personally I'd post UKPC's theirs by 2nd class post (all they are worth) on Wednesday too, the court won't look badly on a short delay from a Litigant-in-Person. Another point. In your WS you say their signs are rubbish. That's a great point if their signs really are rubbish. It's a dreadful point if their signs are fine. So have you got photos of their signs? -
Simon Clarke tells inquiry when he realised expert knew of IT bugs and how he helped halt Horizon prosecutions.View the full article -
You need to start drafting your WS. I would suggest as sections - Sequence of Events - a brief description 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.
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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.
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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.
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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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