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    • Farooq v evri is the judgement you want in.   Do you have a copy of do you want me to upload it again here?
    • I have added the correct format for the court. Country Court ..... as it was on the letter today, other letter had the justice.... . That is on the unredacted copy sent to admins email.   Which Evri judgement, could you give me a steer? Wadhwa one?   It's not in dispute, bar that paragraph you picked up. I was looking at that one, and I do agree it's pointless. Thank you for your help.
    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
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    • 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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      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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Dvla fitness to drive


Melsywooh2774
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Hi.

 

I have just received a letter from DVLA requesting I fill in the fitness to drive from. The form itself is all to do with seizures ect. I don't suffer any? It's very hard to fill in. It was a third party (my ex ) as he has been arrested for malicious and harassing communications ect. My health is this: high blood pressure : two slipped spinal discs and wear and tear in spine: tachyicadia.This is what my doctor has orescribed:

 

Lisinipril for bp . Citalapram for heart speed : baclofen for muscles : tramadol as and when required.

 

Based upon all this information are DVLA likely to revoke my licence? I'm 44 and have had my license since 17years if age. In addition I just left a deposit on car as my 12yr is disabled and we can't get about. Now I either purchase the car even though DVLA have 6 weeks to respond with their desicion or I loose the big deposit . I'm so depressed and stressed right now I can't even think clear... at my sits end :(((

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Answer truthfully.

 

If you haven’t had any episodes of seizure OR loss of consciousness, say so.

Speak to your GP : they can’t tell you what DVLA will recommend, but will be able to tell you what they will be telling DVLA.

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Thank you. I've generally had no seizures . I don't see my g.p very often I've not needed to. The only episode I had was a reaction to an drug addmindtered for septicimea two years after my could bladder ruptured. I'm not concerned about The seizure allegations as I can prove that part. I'm concerned about the medication as people are saying the law has changed on this

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If your medication impairs your fitness to drive then you should have been notifying DVLA.

If your medication doesn’t impact on your driving then it shouldn’t be an issue.

 

It has always been the case that just because medicine has been prescribed it doesnt mean that you are guaranteed to be safe to drive.

Many medicines carry a warning about driving and / or operating machinery, and it is the driver’s responsibility to:

a) be sure they are safe to drive, and

b) notify DVLA of any concerns.

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I've generally had no seizures .

 

Is that (“generally had no seizures”) the same as “I’ve had no seizures and no episodes of decreased consciousness / loss of consciousness”?

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I have no seizures at all. Just one reaction to some medication after my could bladder operation. Where I had like an weird episode... I had n EEG as a safety precaution about 2+ years ago and it was completely normal..one their medication was changed which was only two week prescription i was fine. Im fine to drive i take my current medication at bed time.

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