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By gigantictortoise369 · Posted
Hi all, Thank you for your advice. Following the recent developments surrounding the appeal route via Starbucks/Euro Garages, I have not pursued this route. Following my original post I have since received a "PARKING CHARGE FINAL REMINDER" but will just proceed to ignore this as is my right to do so. It is helpful to upload this for others to see? As the registered keeper, I am happy that I am not liable for the parking charge as the notice has not been served in accordance with Schedule 4 of POFA: specifically paragraph 9(2)(f) (warning to registered keeper that creditor has the right to recover from the keeper) and paragraph 9(4) (serving notice within 14 days of alleged contravention). I look forward to seeing MET Parking Services in court -
Thanks dx I'll proceed on that basis. Will keep ya updated. -
no dont,, and they won't know anyway. unless the payment came from you say by cash using your debit card or a transfer from another bank account in your name too then it doesn't count anyway. dx -
How do you make an email a pdf ? All I want to know is under which law I can be charged for not paying her debts -
use pdf files only read upload carefully dx
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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.
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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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