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    • Hitler showing off  Won't here a thing Dx
    • Yes it was all car parks if you look at the PDF you can see where I went in. IMG_0230.pdf
    • little hitler. can't do anything. no entry sign was probably in a carpark did you get his name. reg. badge.  number? dx
    • Hello today I mistakenly went through a no entry sign on Silverlink Retail Park by Pizza Hut/Five Guys, there was no near miss and no other vehicles were affected. Unlucky for me I was spoken to by an off duty police officer who showed me his ID, he said he was going to report me for it and was a bit shirty! I said to him it’s private land and I didn’t realise. He didn’t take my name and he didnt ask for it, he was with his wife and young child at the time. IMG_0228.pdfHe took photos of my car and tried to take a picture of me, I covered my face. I took a picture of the sign as you enter the estate and it clearly says the roads within the retail park are not part of the public highway. Anyone think anything will come of it?   IMG_0228.pdf
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • 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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EVRI have lost parcel £300 model kit


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Legal advisor order would have given you a trial in sep not a settlement hearing or rubbish like that

underpaid paralegal

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Paragraph 2. I think there should be further down and also you should make the point that the payment to was made unilaterally and without the imposition of any conditions.
Paragraph 3 – this is unnecessary because you are not claiming as an entitled third-party. This worries me because it makes me feel that you haven't fully read around because this is a paragraph which you would include where you were suing EVRi as a beneficial third party because you had actually made your contract with Packlink or some other broker.
I think you need to revisit and do some more reading. I'm afraid I have a sense that you have simply copied this from somebody else's witness statement without understanding that it wasn't necessary.

Please can you post the amended draft. Other than the suggestions above, it looks okay – but let's see it again for a further appraisal. In terms of the evidence, parties bundle, I think it might be an idea to start off with the correspondence with EVRi and then go onto the other evidence.

You will have to amend the index page accordingly.

You could shorten this bit. Take 19 is pretty well blank and you may as well miss it out

also, there seems to be some repetition of emails and the email chain.
I think will be worth going through and getting rid of duplicates if you can. 49 pages is a bit long and it would be a good idea to try and reduce the number. I have a feeling that 50 pages as the County Court limit anyway.
The judge will be happier with you if the bundle is smaller. Maybe you could reduce the size of some of the images or messages et cetera. You have got several messages which straddle onto a second page so that things like sign off information and standard confidentiality information become orphans. A bit of manipulation and they could be joined to their parents I think.

Page 31 as an example. So is page 19.

You may only be up to shorten the whole thing by 56 pages – but I think it would be a good idea. 56 pages is, after all, 10%. If you can do more then so much the better

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  • 4 weeks later...
  • 1 month later...

I have a directions hearing in early Sept with regards to my claim against Evri, as per the requirement in the court letter I will be informing Evri of my acceptable settlement ( as per my claim plus interest). As this is a directions hearing am I required to send my court bundle (which is already prepared) to the court and Evri? If so, how far in advance should the bundle be sent?

Thanks,

J

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30 minutes ago, Strider713 said:

As this is a directions hearing am I required to send my court bundle (which is already prepared) to the court and Evri? If so, how far in advance should the bundle be sent?

No its a directions hearing you need only comply with points 2/3/4 of your order...re settlement offers.

Case management directions

2.1 Rule 27.4 explains how directions will be given, and rule 27.6 contains provisions about the holding of a preliminary hearing and the court’s powers at such a hearing.

2.2 Appendix A sets out details of the case that the court usually needs in the type of case described. Appendix B sets out the Standard Directions that the court may give. Appendix C sets out Special Directions that the court may give.

2.3 Before allocating the claim to the Small Claims Track and giving directions for a hearing the court may require a party to give further information about that party’s case.

2.4 A party may ask the court to give particular directions about the conduct of the case.

2.5 In deciding whether to make an order for exchange of witness statements the court will have regard to the following –

(a) whether either or both the parties are represented;

(b) the amount in dispute in the proceedings;

(c) the nature of the matters in dispute;

(d) whether the need for any party to clarify his case can better be dealt with by an order under paragraph 2.3;

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27

 

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