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    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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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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    • 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.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Royal Mail - Registered Mail


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It came to my attention that many members including myself were using the Royal Mail recorded Delivery service but were finding that they could not be traced and there was no confirmation of receipt.

Having phoned Royal Mail I received the information that if a company like a bank has several sheets to sign for Registered mail they only sign the first page, so if your's is on the second or later there is no confirmation. The helpful guy told me to send Special Delivery to ensure I get a signiture!

However, on talking with our local postmistress, she has informed me that they have a legal obligation to get a signiture for each letter delivered as you have paid for the service and in not doing so they are commiting fraud.

She said that any Registered Mail that can't be traced as delivered should be claimed for using form P58 Inland(2006).

This way Royal mail will be able to pin point the sorting offices which are commiting the offence and most probibly the round as it will be invarably be a bank or a DCA.

So start getting your forms and claiming for your lost mail, it will help other members who are following in our footsteps in claiming from being messed about by Royal Mail.

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Hmmm.. I'm sorry, but I think you'll find your local postmistress is mistaken. Recorded items are not tracked at all except at the point of delivery. When delivered, it is common practice for the recipient to sign once for a batch of items. The items are listed individually on the receipt, and this happens at the recipient's risk, so if an item is listed on the receipt but isn't actually there, the addressee loses the right to claim that they never received it.

 

This isn't fraud - it is clearly explained on the Royal Mail website that this may happen. They are obliged to obtain a signature for every item delivered - but one signature can cover more than one item.

 

I used to have a job where I had to sign for numerous recorded items every day - sometimes more than 100 in each delivery. I'd never have got any work done if I'd had to sign 100 times. So I would give one signature to accept every item, accepting the risk that the odd item would have gone astray. However, having said that I used to send all the outgoing post by Special Delivery.

 

I think some of the confusion has arisen because now you can see the Electronic Proof of Delivery online, and you might now only be able to see a partial signature or no signature at all.

 

Having said all that, some postmen are a bit crap at getting signatures, so if there isn't one for your item then you should definately get your money back.

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When you send an item by recorded delivery you are paying for a signature to be taken on delivery for your mail. If they don't get one for you then the money you have paid has been obtained fraudulently.

Hmmm.. I'm sorry, but I think you'll find your local postmistress is mistaken.

Believe me she will support Royal Mail in most things but she has been doing the job for over 30 years and knows the rules back to front. She and many of her peers are getting very worried about how Royal Mail are treating recorded delivery mail and the implications it could have on them.

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When you send an item by recorded delivery you are paying for a signature to be taken on delivery for your mail. If they don't get one for you then the money you have paid has been obtained fraudulently.

quote]

 

You are indeed paying for a signature to be obtained. What you are not paying for is an individual signature for your item. One signature for a batch will suffice.

 

Please read my post where I believe I have covered this point already.

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Hi

 

I have just posted 7 forms out of 15 items i sent recorded delivery - i think joe is trying to say that the items are not even being bulk signed for they have simply disappeared off the face of the earth - nearly half is a huge percentage - and it is another hassle form filling for every one!!

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It is exactly what you are paying for, an individual signature for your item. One signature for a batch will not suffice.

From the Royal Mail website;

We make sure we get a signature from whoever receives the item, but bear in mind that this may not be the person named on the address label. If there's nobody available to sign for the item, we will leave a card informing the addressee that we have attempted to deliver a signature item.

Also;

The service provides proof of posting, signature on arrival and online confirmation of delivery.

No where does it state that batch signatures will be used. It is just a

convenient arrangement between businesses and the local sorting office.

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It also says:

 

If the recipient accepted a number of packages at the same time, they may have printed and signed their name across a number of signature areas. If your ePOD only has a portion of a signature and you need to confirm who received the item, please contact the Track & Trace Helpline, on 08457 001 200.

 

B-B

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