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Hearing took place today. Case dismissed with costs awarded. Neither UKPC or a representative turned up. Apparently they messaged the court on 7 May asking for their case to be considered on paper. Never informed me, which was criticised by the judge as not following procedure. I was really annoyed as I would have preferred for the case to be thrown out before the hearing, or at least face them in court and see them squeal. They are just playing a numbers game and hope you blink 1st! Ended up having to change my flight, but the costs awarded softens the blow. Was asked to confirm it was my signature on both the witness statement and supplementary statement. Wasn't asked to read them, said she could see my arguments made and the signs were insufficient and no contract formed. Took maybe 10 mins in total. Judge did most of the talking and was best for me just to keep quiet or confirm any statements made. Happy to have won as a matter of principle and have costs awarded. Maybe not worth all the time and hassle for any newbies or the technologically challenged. But if you are stubborn like me and willing to put in the time and effort, you can beat these they! I big shout out to everyone who helped on the thread with their advice and guidance, special mention to FTMDave, thank you sir! Really appreciate everyone's efforts. All the best! -
I plan to be honest to avoid any further trouble, tell them that the name should be changed to my official name -
There is no evidence that I was issued a PCN that was placed on the car and removed. It seems that I was issued a £60 PCN on the 8th of March (the parking date) but it was never placed on my car, instead, they allege that they posted the PCN on the 13th of March and deemed delivered on the 15th. I never got this 1st £60 PCN demand. I only know about all of this through the SAR. I only received the second PCN demanding £100, which was deemed delivered on 16/04/2024 - that is 39 days after the parking incident. I did a little research and "Legislation states that postal PCNs must be sent within 28 days, unless otherwise stated in the Regulations." as per London Councils Code of Practice on Civil Parking Enforcement. The main issue is that I was not aware of the 1st £60 PCN as I didn't receive it - I'm not sure how this relates to the 28-day rule because that rule applies to the initial £60 PCN. PCM could say that "we sent him the letter by post and it was deemed delivered on the 15th of March" therefore the 28-day rule does not apply. As regards the safety of the parking attendant, that is clearly something he chose to feel and he made the decision that his safety was threatened - I didn't even see him or had any interaction with him. I'm nearly 50 and I definitely don't look aggressive 😊 -
okay will do. I'll let you know if anything transpires but once again - many thanks -
Personally I would strongly suggest not risking going there with debts. Very possible you wont get back out again. And I know many in that position. Not jailed just unable to leave. the stories of Interpol in other countries sounds far fetched but in and out of Dubai is not a good idea. only two weeks ago a mate got stopped albeit a govt debt.
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If you are buying a used car – you need to read this survival guide.
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If you are buying a used car – you need to read this survival guide.-
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
ATJ posted a topic in Vehicle retailers and manufacturers,
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.
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A2Dominion - Housing Association property flooding - damning ombudsman report
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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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