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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      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.  

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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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

UKPC parking invoice - tesco Faraday retail park,Coatbank Street, Coatbridge. ML5 3SQ scotland

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Shovel

Shovel

Posted
Posted

My 17 year old daughter is being chased by UKPC and we need all the moral support we can get,

 

 

Your 17 year old daughter can't be liable for any contractual debt. The case is a complete and utter non-starter for UKPC. If they ever did go to court, revealing she is under 18 would stop them in their tracks.

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WebFerret

WebFerret

Posted
Posted
correct. ignore them completely.

 

That being the case (under 18) - then should the DVLA not ensure that the RK is over 18 before issuing details to a PPC's for the sole persiut of an alleged debt!?

 

Interesting, don't you think, that the DVLA state that the requestor of such information must have "reasonable grounds" to be issued such info - therefore I would say they should have proof that the RK is 18 years or over to have been able to entre into an alleged contract! :lol:

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lamma

lamma

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Posted
That being the case (under 18) - then should the DVLA not ensure that the RK is over 18 before issuing details to a PPC's for the sole persiut of an alleged debt!?

 

Interesting, don't you think, that the DVLA state that the requestor of such information must have "reasonable grounds" to be issued such info - therefore I would say they should have proof that the RK is 18 years or over to have been able to entre into an alleged contract! :lol:

 

good point - but the PPCs never declare they are pursuing money under contract, merely that its is a 'charge' or 'fee'. still could be some mileage in it though.

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Mergiote

Mergiote

Posted
Posted

Hi guys,

Please help. I've received Charge Certificate saying that it is too late to pay the penalty at 50% discounted rate and that I need to pay £70. But I've never received the first letter. It says Final Reminder issued on 16th of December and I've received it only on 23rd and this is the only thing I ever received from them!!!

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Mergiote

Mergiote

Posted
Posted
Hi Mergiote and welcome to CAG,

 

Who did you receive the charge certificate from?

regards

 

UKPC.

 

It was very silly situation cause we've parked in Tesco car park not realising it was only for Tesco customer 'cause there are other shops besides Tesco. It is actually quite big shopping centre. And the most stupid thing that we saw no signs at the time saying you allowed to stay there for only few hours. I don't mind paying the penalty, but not £70...

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buzby

buzby

Posted
Posted

It really doesn;t matter either way. You did not agree to the charge, it is on private property, and the BILL that they sent you is for you to pay if you AGREE with it. Since you don', ignore these uncalled for demands. You don;t owe them anything, and all they've sent you is an Invoice. Don;t pay it, ignore the subsequent letters for them, their debt collection company, and the latter's solicitors. Thy use bullying and intimidation.. See all these threads and note how many end up in court. (None!).

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Al27

Al27

Posted
Posted
UKPC.

 

It was very silly situation cause we've parked in Tesco car park not realising it was only for Tesco customer 'cause there are other shops besides Tesco. It is actually quite big shopping centre. And the most stupid thing that we saw no signs at the time saying you allowed to stay there for only few hours. I don't mind paying the penalty, but not £70...

 

I think you need to get your head around the nature of these signs and 'penalties'. They are scams, whether they want £10 or £70.

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Conniff

Conniff

Posted
Posted (edited)
Yes, but what do I do if they will take me to court?

 

Reading all these threads it looks like UKPC has no right issue any penalties, so how come they do this?

 

:confused::confused::confused::confused:

 

Because, like this government, they see the motorist as a soft touch and came up with an idea to make easy money for practically no outlay.

Edited by Conniff
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Vegasgirl

Vegasgirl

Posted
Posted

After not hearing anything since end November, White's solicitors rang again on Christmas Eve!!! Fortunately, I was not home and they got my husband who wasn't as pleasant as I may have been. They threatened that since I wasn't going to pay, they would have to take me to court!! I await the notification!!

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letshelp

letshelp

Posted
Posted
Yes, but what do I do if they will take me to court?

 

:confused::confused::confused::confused:

 

You will die of old age before this to happens. Save all their correspondence and get on with your life.

regards

Please remember our troops, fighting and dying in our name. God protect them.

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buzby

buzby

Posted
Posted

What makes you think you're so special that you will end up in court, whilst the rest of us don't? :) Anyone can take you to court because they say you owe them money, but they have to prove it. Unfortunately for UKPC, they don't want to run the risk of a pile of rejected court actions because it will become known they are skating on thin ice. This is a game, the weak are bullied and pay up. The clever ones follow the advice on CAG and other sites and threat them with the contempt they deserve!

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Vegasgirl

Vegasgirl

Posted
Posted

Had another letter from Graham White today following their telephone call on Christmas Eve. It reads - 'Thank you for your recent communication the contents of which have been noted. Please telephone this office as a matter of urgency in order that we can discuss an amicable solution. Thank you for your cooperation.'

 

I have never written to them and wonder how they think we can reach an amicable solution??? Maybe they are coming to the end of the line with me. What do you think

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lamma

lamma

Posted
Posted

ignore them, they are just trying to suck you in. or if you want some fun and know what you are doing ring them and ask to speak to Graham White - he doesn't exist as it just a front for Roxburghe. When they admit this (one way or another) ask to speak to Michael Sobell instead and have even more fun !!!

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sameagle

sameagle

Posted
Posted

Why are they wittering on about, an "amicable solution".

 

"Amicable" means friendly, and you sound friendly enough to me, and you are amongst even more friends on here.

 

"Solution" is the answer to a problem - you don't have one of those - but they bl**dy well do!!

 

They created it, sit back and watch their antics - it's fun!

 

Sam the Eagle

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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