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You pushed me to look at all our MET cases going back till June 2014. That's 10 years so at that point I got sick & stopped! MET have never, ever taken a Cagger as far as a court hearing in all that time. As scribbled above, they have issued court papers a few times but have always bottled before the hearing. In one exceptional case the motorist didn't even have to defend - the judge chucked out the case due to rubbish Particulars of Claim. Sadly in two cases MET got a judgment because the motorist didn't file a defence to the claim. But in one of the cases MET still didn't get their money as the person said he was elderly, didn't need credit and would rather put up with a CCJ than pay MET! So that's who you're dealing with - paper tigers. They do court in maybe 5% of cases but even then bottle before it gets to a hearing. Anyway, let's see what writing to BP produces. -
Any update here? MET started a court case recently against a Cagger concerning this very site and EV charging - and then bottled it and discontinued the case before the hearing. It would be useful for others to know what happened in your case.
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The important thing to know is that MET - although they will send you threat after threat about how they will divert a drone from Ukraine and make it fall on your home - hardly ever do court. Even in the very small number of cases where they send court papers, if the Cagger defends, they drop the matter before the hearing. They have no real intention of putting their rubbish claim before a judge. The aim is to find motorists who are terrified of the idea of going to court and who will give in when the court papers arrive. Thanks for doing the sticky and well done on finding F18's thread. Do what they did. On the first page - I think post 19 - there is the address of the CEO of BP. Write to them, lay it on thick about being genuine customers in the various premises, mention the small kids, the very short stay time, attach any proof of purchase - and request that they get the invoice cancelled.
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Thank you for that, I have obviously already been convicted so I think the appeal lodged is for the previous offence? Sorry if that doesn’t make sense. I suppose my only concern is that weds I go there and they don’t let a stat dec happen. If they do then as you say and solicitor says it’s highly likely I’ll be happy with the outcome. But I’m being told there’s no guarantee for the stat dec to be hard Weds as that’s not what the hearing is proposed for. Solicitor has stated that you can put a stat dec before a magistrates at any time so it shouldn’t be a problem.
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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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