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By belleofstmark · Posted
Thanks @FTMDavefor the quick and clear instructions. All filed and submitted. What should I be preparing next? If you’ve seen lots of cases with this lot what is likely their next move? In the meantime they have been sending me letters offering me to pay them without going to court etc. i’ve also received a notification on my credit report about searches and can see that they’ve done a “soft search” on my file. Are they allowed to do that? Why would they be doing that? -
Just be aware that foliage covering signs is not persuasive if you reside in the area and regularly used the said route concerned. One gentleman of recent, famous for disputing parking and speeding issues, just cost his client £1000's claiming that!! Dx -
Thanks for your reply. I will DM you this evening with more info, when I've got it all to hand. -
No, it clarifies nothing. As you say, there is a contradiction in that this company's employees have received invoices yet it is assumed they called the parking company in. I would suspect - and it is only a suspicion - that someone else called in the parking company to "manage" the whole estate. While you are dealing with this verbally anyone can come out with any old baloney and you'll have no proof of it. You need a paper trail. So e-mail the company, pointing out the reasons for your meeting with them and that you were not abusing the car park, and request they get the ticket cancelled. That way they will have to reply in writing and you can get to the bottom of this matter. -
Don't ignore As above, else just ignore them. Dx
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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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