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Apologies, had to remove and repost Exhibit 2 below, the original document still had my name on it UKPC EXHIBIT 2.pdf -
Yes FTMDave, I also noticed the professional spelling on that one!
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That would be the sign for Rom Valley Reatil Park -
Hi. Many thanks for your response. You are correct it is Royal Barn Road that is stated on the PCN. Where i was was Royle Road. I originally came from the Tesco side, was initially parked across the road where there are parking bays, then moved over to side where the double yellows are. I did check the entire street from Tescos on, and there are no signs for restrictions at all. Also, the friend who owns the house asked the building company sales office today, who also believe the double yellows are old (some of them turn into peoples drives), and said there should be none. - Obviously if the council have them as current thats besides the point. SO the big question is, given the PCN states very incorrect information, Location, and type of contravention, can it be challenged? Thanks -
Please see below for the Witness Statement from UKPC received in the post on Friday, 3 May. The letter is dated 1 May 2024. I am also including Exhibits 1, 2 and 3. The remaining exhibits relate to the PCN's and other correspondence already posted on this thread. The most glaring mistake for me is in Exhibit 2 (UKPC's OWN copy of their signage), NOT SHOWING that parking is not allowed between 22:00 and 08:00. Note that this restriction IS showing on the draft sign approved in the contract between UKPC and their client. Also, the site plan in Exhibit 1 shows signs against the wall of the building (depicted by a "W"); whereas the picture in my witness statement clearly shows no signs visible on that particular wall. I look forward to hearing everyone's feedback on this! UKPC WS.pdf Below are the Exhibits UKPC EXHIBIT 3.pdf UKPC EXHIBIT 2.pdf UKPC EXHIBIT 1.pdf
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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.
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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