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There will only be one hearing (typo possibly 25th is a Saturday Courts closed ) clarify with the court. -
Upload a redacted copy of their statement (+ Exhibits) please.
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By Badtimes123 · Posted
No Andy, I'll scan, redact and upload later today. So the court sent me 2 letters, same envelope and stapled together but with different dates!. 1. N24 General Form of Judgement or Order, stating: UPON considering the papers herein IT IS ORDERED THAT The claim is listed for an attended hearing 25 May....... at which court will consider allocation.. etc 2. N24 Notice of PTR/Adjnd/Restored/Hrg/Management conference TAKE NOTICE that the hearing will take place on 24 May at....... When you should attend 30 minutes has been allowed for the Hearing No other instructions anywhere in the envelope or on the letters. Do I attend both? -
Then leave it just proceed with the claim( strike out/SJ application are risky).....the defendant will not be permitted to rely on written evidence (documented) only verbally as they failed to comply with the N157 (unless they have filed with the court and failed to serve you a copy) ?
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Ive asked court to strike out for non compliance but they came back and said needs £275 application fee and formal n244
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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.
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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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