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By lookinforinfo · Posted
The postcode is an important point. You cannot be in two postcodes at the same time and the contract only covers the F area and not the E area where Met placed your car. See there is some advantages in with idiots.🙂 The other fact about the electric spaces is that as you are not allowed to park there, the sign is prohibitory so cannot offer a contract anyway. and another biggie in your favour is you were not the driver and the PCN does not comply with PoFA. I had another look yesterday at the PCN and there is another error since it does not say that the driver is responsible to pay the charge during the first 28 days. Schedule 4 Section 9 [2][b] (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; so that is another nail in their coffin and it s something I would include in your WS since that is one that every Judge would accept as a failure to comply. As far as their WS is concerned some of them leave it to the last minute to prevent Defendants being able to counteract their claims. However if they leave it too late [ie after the stipulated time] you can email yours to the Court on the last day and complain at the bottom of your WS that you have not received it and therefore you are asking the Court not to accept their WS. In your case it isn't that important since you have a virtual walkover in Court. I would be surprised if they don't concede beforehand. It is a lost cause for them. Not that I would advocate parking in their electric bay in future with a petrol driven car again.🙂 -
I think the post code 0 v O is nonsense personally and would just annoy the judge. Cases are decided informally at small claims and judges are not interested in the weakest of trivialities. Understood re FY v EY. So add to the Unfair PCN section that the PCN includes the wrong post code and places you at a residential area rather than the car park in question. You should wait till 7 June before filing your WS - as a Litigant-in-Person you wont't be penalised for being a day late - to see if MET's WS turns up. It will also give you a chance to see if they have paid the hearing fee. If it doesn't turn up you can attack them for defying court directions. If it does turn up you can ridicule their arguments. Win win. Also you can see if they have bottled it - which they have done with the last two cases we have here. I think the exact points of your WS have become a tad confusing - and I have heartily contributed to the confusion! - so can you please add the latest version. I think the post code 0 v O is nonsense personally and would just annoy the judge. Cases are decided informally at small claims and judges are not interested in the weakest of trivialities. Understood re FY v EY. So add to the Unfair PCN section that the PCN includes the wrong post code and places you at a residential area rather than the car park in question. You should wait till 7 June before filing your WS - as a Litigant-in-Person you wont't be penalised for being a day late - to see if MET's WS turns up. It will also give you a chance to see if they have paid the hearing fee. If it doesn't turn up you can attack them for defying court directions. If it does turn up you can ridicule their arguments. Win win. Also you can see if they have bottled it - which they have done with the last two cases we have here. I think the exact points of your WS have become a tad confusing - and I have heartily contributed to the confusion! - so can you please add the latest version. I think the post code 0 v O is nonsense personally and would just annoy the judge. Cases are decided informally at small claims and judges are not interested in the weakest of trivialities. Understood re FY v EY. So add to the Unfair PCN section that the PCN includes the wrong post code and places you at a residential area rather than the car park in question. You should wait till 7 June before filing your WS - as a Litigant-in-Person you wont't be penalised for being a day late - to see if MET's WS turns up. It will also give you a chance to see if they have paid the hearing fee. If it doesn't turn up you can attack them for defying court directions. If it does turn up you can ridicule their arguments. Win win. Also you can see if they have bottled it - which they have done with the last two cases we have here. I think the exact points of your WS have become a tad confusing - and I have heartily contributed to the confusion! - so can you please add the latest version. -
By lookinforinfo · Posted
Thank you Dave for jumping in yesterday and advising not to send off the letter I wrote. I am sorry Clou but I thought at the time that both car parks were owned by Alliance. Before doing a snotty letter does anyone in your family able to alos drive your car apart from yourself and are you the keeper? -
Thanks for this. UPS never said they delivered to the wrong address. Tracking just showed as delivered. EBay couldn’t find it for weeks and then said they found it and it had chocolate in it. Something clearly doesn’t add up here. -
Try to think things through logically & legally - the two go together as the civil court system in England is pretty decent and easy to get your head round. 1. Say you & I got into legal dispute. Who could sue who? Well I could sue you and you could sue me. My next-door neighbour couldn't sue you and your best mate couldn't sue me because the case would have nowt to do with them. The same goes for a DCA. It's not their debt. They can do nothing. 2. Of course a DCA can't affect your credit score. If they could, then there would be nothing stopping you picking on someone you dislike, saying they owed you a billion pounds, and affecting their credit score. Logically there must be more to it than some daft allegation. CCJs are issued and credit scores wrecked after a judge has decided on the matter and the losing party has still refused to pay. With nine grand in play the matter will not magically go away but you need to gen up and seperate daft threats from paper tigers from concrete threats which could really cause you trouble. The others are right - you need to inform the original creditor of your address in order to avoid a backdoor CCJ. Also, why did you decide not to sue UPS who have admitted to delivering to the wrong address which in turn led to the theft of your goods?
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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.
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.
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OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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