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Quick update..... Shiply have started a dispute resolution in order for them to give me the £12 deposit back! This involves them contacting the courier and myself in a dual email. I responded to it with absolute laughter that they expect the courier to respond - they have failed to respond in every single circumstance so far. I also reached out again to my local police force to query why the handler who I spoke with on their web service dismissed me so easily. The couriers actions are deemed as theft according to Section 1 of the Theft Act 1968 - to appropriate goods with the intention of depriving another person of them. This has resulted in them advising me to fill out a crime report and being given a crime reference number. I don't expect that they will proceed further than pacifying me with some emails and such but it's a start at the very least. I have also been contacted by a couple of people via my my Facebook post about Shiply's conduct who have experienced similar, albeit with couriers of a different name. -
Grateful for all your answers Please find attached the first letter ever received PARKING SERVICES (1).pdf thank you! -
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That looks fine - apart from being too polite 😉 Invest in a 2nd class stamp and make sure you get a free Certificate of Posting from the post office.
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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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