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i would also inc this. the claim SHOULD HAVE BEEN STRUCKOUT, we dont usually see a defendant HAVING to request it. @AndyOrch can you look over the WS please dx -
or email them to me as you have been...
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In practice - forget about the theory - if you don't turn up you have a 0% chance of winning. However, all is not lost. It's perfectly possible that UKPC will bottle it when they get your WS. It may be telling that they have produced no WS. In post 45 you uploaded part of the court order. There will be the date they were supposed to pay the hearing fee by which I'm guessing was 18 April. Give the court a bell tomorrow and see if they have paid. -
By lookinforinfo · Posted
This is the exact extract from the Supreme Court ruling on parking Eye v Beavis which may, or may not, clarify the position 99. In our opinion, while the penalty rule is plainly engaged, the £85 charge is not a penalty. The reason is that although ParkingEye was not liable to suffer loss as a result of overstaying motorists, it had a legitimate interest in charging them which extended beyond the recovery of any loss. The scheme in operation here (and in many similar car parks) is that the landowner authorises ParkingEye to control access to the car park and to impose the agreed charges, with a view to managing the car park in the interests of the retail outlets, their customers and the public at large. That is an interest of the landowners because (i) they receive a fee from ParkingEye for the right to operate the scheme, and (ii) they lease sites on the retail park to various retailers, for whom the availability of customer parking was a valuable facility. It is an interest of ParkingEye, because it sells its services as the managers of such schemes and meets the costs of doing so from charges for breach of the terms (and if the scheme was run directly by the landowners, the analysis would be no different). As we have pointed out, deterrence is not penal if there is a legitimate interest in influencing the conduct of the contracting party which is not satisfied by the mere right to recover damages for breach of contract. -
no they did not .....you only ignore until/unless you ever get a letter of claim. if you'd read up too you would of seen this in every one of the other 10'000+ speculative invoice threads here now move on get that q&A sticky done please dx
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Hello,
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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
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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.
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OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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