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By nomoremoney · Posted
Which Court have you received the claim from ? Civil National Business Centre If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS) Name of the Claimant : PARKINGEYE LTD Claimants Solicitors: (if one is stated) Date of issue – 22 April 2024 Date for AOS - 11 May 2024 Date to submit Defence - 24 May 2024 What is the claim for – Claim for monies outstanding from the Defendant in relation to a Parking charge (reference *************) issued on 22/01/2024. The signage clearly displayed throughout Welcome Break Leicester Forest East (North), Northbound, M1, Jct 21/21a, Leicester Forest, Leicester, LE3 3GB states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including the payment of parking tariffs, by which those who park agree to be bound (the contract). ParkingEye's ANPR system captured vehicle ******* entering and leaving the site on 16/01/2024, and parking without paying to park and parking tariffs apply after a free stay period. Pursuant to Sch 4 of the Protection of Freedoms Act 2012, notice has been given to the registered keeper, making them liable for the Parking Charge payable upon breach. What is the value of the claim? 100.00 ? Amount Claimed 125.00 court fees 35.00 legal rep fees 50.00 Total Amount 210.00 Have you moved since the issuance of the PCN? No Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? Y dated 10 March 2024, no reply -
Obviously I'm ignorant and don't know the local area - but to me the images show the front of the car entering, and the rear of the car exiting, both times. On a second point - do you have any proof of your being elsewhere during the two times they reckon you were three hours in the car park? BTW, I've just done a search and we have 81 G24 threads apart from yours. This is a company that huffs & puffs but very rarely does court. In fact of the 81 cases, in 79 they haven't done court In one court case sadly the Cagger didn't defend and lost by default. In the second case G24 issued a court claim ...and then wet themselves and discontinued the case once the Cagger defended. -
By unclebulgaria67 · Posted
Often vehicle insurers will refuse to deal with third party property damage claims. They will by lack of willing rely on the third party to use their company Insurance and the companies Insurance would try to reclaim through your Car Insurance. Agree with Ethel, but sometimes Insurance claims staff will try to avoid additional work. -
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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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