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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • little old lady
      GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

      By little old lady · Posted

      Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • BankFodder
      Shock !!EVRI has lost my parcel PS5 - court claim issued

      By BankFodder · Posted

      I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Nicky Boy
      Shock !!EVRI has lost my parcel PS5 - court claim issued

      By Nicky Boy · Posted

      Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Nicky Boy
      GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

      By Nicky Boy · Posted

      Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • FTMDave
      Horizon ANPR PCN - overstay - Iceland Chester

      By FTMDave · Posted

      The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.

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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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

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42man

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andrewdm

andrewdm

Posted
Posted

The statutory fee is complete fraud. I will not pay it. Admiralty law does not require you to pay it at all and that is what I go by.

 

When sending letter send it recorded delivery and copy letters as proof.

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count orlok

count orlok

Posted
Posted
The statutory fee is complete fraud. I will not pay it. Admiralty law does not require you to pay it at all and that is what I go by.

 

When sending letter send it recorded delivery and copy letters as proof.

 

Eh! how does the Navy fit into this?

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diddydicky

diddydicky

Posted
Posted
The statutory fee is complete fraud. I will not pay it. Admiralty law does not require you to pay it at all and that is what I go by.

 

When sending letter send it recorded delivery and copy letters as proof.

 

you havn't been listening to "nuke em" by any chance have you?

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The GodMother

The GodMother

Posted
Posted

Sorry i think i have missed summing.

 

Now the Navy are involved with CCAs that is unless i have read summing wrong.

 

Pt do u have any idea what this guy is on about?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Mightyacorn

Mightyacorn

Posted
Posted
Sorry i think i have missed summing.

 

Now the Navy are involved with CCAs that is unless i have read summing wrong.

 

Pt do u have any idea what this guy is on about?

 

 

I think he's on about the King's Shilling 000201C7.gif

 

 

 

 

 

 

between you and me of course......

000203FC.gif

 

 

 

 

 

 

 

[/url]

MBNA Let Battle Commence - Discontinued

 

Howard Cohen Complaint to SRA

 

Howard Cohen oh dear

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jayjay11

jayjay11

Posted
Posted

Originally Posted by andrewdm viewpost.gif

The statutory fee is complete fraud. I will not pay it. Admiralty law does not require you to pay it at all and that is what I go by.

 

When sending letter send it recorded delivery and copy letters as proof.

 

 

 

ouch..:eek: my head hurts now Ive wasted so much time looking at threads when all the time i just need to qoute the above to the CC:-o:-x:lol::lol::lol:

 

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N.P

N.P

Posted
Posted

Perhaps this guy is a sailor or works off shore? ;)

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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andrewdm

andrewdm

Posted
Posted

Why would one pay even one more dime just to fill their coffin some more. Even if you send them the pound whose to say they won't come up with another story. Also don't assume anything of another person unless you have complete facts about them. I'm just putting my two cents in is all. Sure somethings I need to read about more to understand but it's all a work in progress. I refuse to pay the pound fee. Show me copy of contract no if's, ands or buts!!!

 

It is their obligation to prove to you!

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diddydicky

diddydicky

Posted
Posted
Sorry i think i have missed summing.

 

Now the Navy are involved with CCAs that is unless i have read summing wrong.

 

Pt do u have any idea what this guy is on about?

 

i think he missed the words LAMB and RUM out of the original quote

 

does that to you after the seventh one!!

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diddydicky

diddydicky

Posted
Posted (edited)
Why would one pay even one more dime just to fill their coffin some more. Even if you send them the pound whose to say they won't come up with another story. Also don't assume anything of another person unless you have complete facts about them. I'm just putting my two cents in is all. Sure somethings I need to read about more to understand but it's all a work in progress. I refuse to pay the pound fee. Show me copy of contract no if's, ands or buts!!!

 

It is their obligation to prove to you!

 

meanwhile...........back in the real world..........you have no right to demand copies of documents that you (should) have already been given a copy of and expect them to make and post copies to you for free.

 

where in the alternative argument does it say you are entitled to write anytime to anyone you do business with and demand- without cost to you that they do work over and above that contained in the contract?? how many times a week can you demand this?

 

the one pound is fixed as a contribution to assist those who might not be able to afford the true cost )probably nearer to 4 or 5 pounds) of providing this information

Edited by diddydicky
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angry cat

angry cat

Posted
Posted

Lateral thinking...

 

I had occasion to discuss SAR's with the ICO;

he/she seemed to be of the opinion that;

if a SAR is made without sending the £10 statutory fee,

that Request is still valid:

You have made your SAR.

 

The above converation was in relation to a FOI Request, that was turned in to a DPA Request;

I paid no stat. fee and I did receive some information.

 

Could this work in relation to a CCA Request?

 

Personally speaking, although I have sent £1's along with CCA Requests, I am always concerned/mindfull that the party, especially a DCA, could in fact credit the payment to the account;

some DCA's are notorious for doing this!

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steven4064

steven4064

Posted
Posted

I don't believe it matters if they credit the account with the £1 - more fool them. They are still bound by statute to supply the information you requested (and lose the £1)

 

 

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angry cat

angry cat

Posted
Posted
I don't believe it matters if they credit the account with the £1 - more fool them. They are still bound by statute to supply the information you requested (and lose the £1)

 

 

 

Yes, but it does matter if they attempt to re-start the clock.

 

Similar has recently happened when a £1 fee was sent to AIC, who applied the fee to the account.

 

I realise that DCA are not allowed to do this but they do.

 

AC

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the_shadow

the_shadow

Posted
Posted
Yes, but it does matter if they attempt to re-start the clock.

Why?

 

You can prove the £1 was sent for a CCA, you can prove they received it and cashed it and if they allocate that against the account so what.. You just need to remind them of their obligations and the requirements of s78.

 

S.

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