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By Debt_Collector · Posted
Thank you for this invaluable insight, I'll be keeping a close eye!. If anything, my feedback to the DVLA would be to make it clear that S88 cannot be relied upon if a medical condition has been disclosed (if that turns out to be the case) -
just get the transcript then send it to the court then let us know what they say -
Quote of the day “Do I want to spend every Friday for the next five years in Clacton?” (Farage, Feb 2024 talking smack about the Peninsula town) Well Clacton, vote for Farage and you can be sure you'll only see him for the odd photo op while he piles on the expenses eh? -
By Man in the middle · Posted
Quite agree, Baz. The difficulty as I see it is that until they complete their enquiries, the DVLA does not know how severe the applicant's condition is. All they know is that the applicant has disclosed a "relevant condition". In my view, s88 only provides the facility to continue driving if no such declaration has been made. However, as I said, I'll put out a few feelers. -
By Unknown2024 · Posted
This case is on the small claims track, I don't know if the fast or multi track is different. I was just never told to send an appeal bundle with the permission to appeal and there was no mention of it on the N244. Nonetheless I'm sure it will come up later on if permission to appeal is granted
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Hello,
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.
The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.
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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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