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By mystic_bertie · Posted
hi JK they dont have a website Cheltenham Magistrates Court Contact Details, Email, Cases, Daily & Archive Hearing List Records WWW.THELAWPAGES.COM Cheltenham Magistrates Court Contact Details (address, email, telephone, fax, DX and map of location), Court Cases (Cheltenham Magistrates Court... -
do you have their WS? -
Thanks very much Bank. I have topped and tailed my LOC and printed off a copy which I shall post tomorrow by First Class post at my local post office and also obtain a proof of postage. I'll also email them a copy. I've opened a MoneyClaim account, and shall now begin work on my draft Particulars of Claim which I shall post here for your thoughts. And I shan't be using the Moderation service. -
Yes, it struck me this morning that I'd got it wrong - no involvement of UKPPO in any previous Tesco thread - there would have been an entrance sign to a Tesco car park - CCTV isn't something associated with Tesco car parks. Presumably whoever runs the car park has put CCTV at the electric, and probably BB, areas, done absolutely nothing to stop abuse, and then rubs their hands in glee every time the CCTV catches a motorist out. You can pay £60 and this will go away. Or you can defy UKPPO and rely on their non-respect of POFA, consideration period, etc., should they be daft enough to do court later down the line. We would support you all the way. -
thats not the way to do it sorry. sorry so what is your problem? that vanquis paid the £560 or that they are now chasing it? how old is this debt? dx
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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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