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By BreadAndButter · Posted
so I need to return the questionaire Do I go for the remediation fre eoption or straight to court? is there a guide to filling this out or do i just go with what i think? (ie. judege, get all papers, make a decision) -
By catscratch · Posted
Thanks for replies people, I think i will hold tight for a bit. -
Can I please have advice on how to deal with Forecourt Eye. Received a letter claiming I drove off without paying for petrol three months ago...there is a picture of me at the pump and me clearly offering my card to pay - apparently I only paid for some snacks and then left. Its also for a very odd amount 23 - I did check my account and I was charged 1.50 for snacks. I obviously had every intention of paying and for some reason either the transaction didn't go through. I am kind of fuming about this as I had no idea and if I did not pay I have no idea what the circumstances were , but not a 'drive off' as described by Forecourt Eye. I have no issue paying for the petrol if the payment for whatever reason did not go through. In fact we visited the garage on advice of a friend who has a legal background and offered to pay, the lady behind the till called the manager and we spoke to her on the phone where she robotically said its 'the way it is now and it goes to Forecourt Eye' I then said I am contractually obliged to pay you, not Forecourt Eye. We are visiting the garage again when the manager is there and will offer to pay again. Interestingly when we called in the lady behind the till asked if I had called the garage the day before about the matter- I said no that was not me, so somebody else clearly has had the same issue, I can't see drive off's being that common in any petrol station! So I know I am not the only one. I know calling Forecourt Eye is not advised, I visited a shell garage yesterday ( really not wanting to ) made sure I had chip and pin and made sure I knew exactly what was being entered into the machine. They now have their threatening posters all over the pumps, basically making them or the garage responsible for any mistake... -
Today is the last chance for those aged between 20 and 25 to nab themselves a free four-year railcard by opening an account with Santander.View the full article -
The address is only a paper address with no actual manned staff address. Police have rang me this morning and taken some more information including the details of the driver who they say they will contact and interview. They are also putting in a formal request to Shiply to get the couriers driving license and biometric information held on file. IF anyone else has been in the same position with this particular courier, please please let me know and we can perhaps go down the strength in numbers route xx
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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.
Car was dirty and test drive was two circuits of roundabout on entry to the showroom. Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm. They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.
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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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