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OK, good. So click on https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/ Scroll down to Q2) How should I defend? There you will find the template defence. Change (6) to (7) and add a new (6). 6. In a second abuse of process, the Claimant is claiming legal representative's costs even though they have no legal representative and in fact are representing themselves. When you want file the defence on MCOL. You can do it this evening if you want, but we generally say to do it a few days before the deadline (24 May) to ensure nothing goes wrong at the last minute but at the same time to show PE you're not scared of them and want them to sweat. -
I hope I'm wrong but this seems to suggest you've been had. The site operator strikes a deal with the car park owner but then suddenly can't get hold of him/her. Really? In a whole year? In a world of smartphones/SMS/WhatsApp/e-mail? Anyway, please comment on the points LFI & I have made.
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By nomoremoney · Posted
Yes both are ParkingEye. No reference to any solicitors anywhere. -
Just to check one thing before filing the defence. They have no legal representative - right? I'm referring to the two "boxes" on the top left-hand side of the claim form. Both show Parking Eye, right?
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By lookinforinfo · Posted
Your case is not looking too good at this stage. Not helped by the car park not appearing on Google Street view. Interesting that UKPC seem to think that Walcot Yard is off Walcot Road when it is off Walcot Street. Part of Walcot Yard has the postcode BA1 5DW which is a building called North Range. You would have to find out where in Bath they would know the specific post code for the car park there since if it were the 5DW ending you may be able to claim that you weren't in BA1 5BG Walcot yard, Walcot Road, but BA1 5DW Walcot yard, Walcot Street. But probably the main help would come from the site manager. A written statement from him explaining the informal situation with the land owner or better still finding out who the land owner is and contacting them might help. though getting UKPC to cancel at this late stage will be next to impossible. I see they are trying to scam you out of £70 or is £60? 1. £160 being the total of the PCN(s) and damages. Amount Claimed ~170 Either way in this case the Judge threw out the whole case-please read it and understand it as you may be questioned on G4QZ465V EXCEL V WILKINSON. Also please write to UKPC asking if the £60 charge includes vat and if it does, does it include vat and why should you be paying their vat. And what are the damages you caused? There may be other arguments you can raise when you receive their WS though they are often sent late to make it difficult to add to your WS. Time is of the essence though for some of the items above. their is no speed limit, now will do. 🙂
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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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