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you need to bear-in-mind that these 'regulations' you are reading, are not such, they are only guidelines by their buddies at the IPC (old boys network like the other one - the BPA) they are not LAWS. if members dont abide by them...so what.... Legally, like documents even from a court, (which they give 5 days service on) - 1st class mail, regardless to the postal service/operator used, is deemed as served in 2 days, 2nd class is 5 days regardless. now, the fact that the postal service used might be responsible for a delayed delivery in both the above is sadly legally immaterial. thought it is also, as i believe my fellow members have indicated? , worthy to note the other point broken point of the code of practice is it removes days toward discount. with the above 2 reasons, should this ever goto court, thats the time to use them. not before. dont play your cards. dx -
all done to spook people into thinking a debt is going up some kind of imaginary chain. of course as you know the bottom line is no DCA has any more power than the previous one nor their client DCA. they are ALL totally legally POWERLESS. dx
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The signs do say a 7-hour stay (presumably five free plus two paying). But they also go on about a permit. What the logic is of a permit when watching a film or going to flippin' Burger King is beyond me. -
I would file it earlier (7days) and serve a copy on the claimant/sol if represented -
By purplenora · Posted
Should this to be take into court with him or should he send something in earlier?
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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.
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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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