I have now received notification of a Full hearing set for 4th December. Preparing for that hearing I have found a document on Ebay that states quite clearly that anyone using the Ebay/Packlink service to select a specific carrier referred to as a Transport Agency automatically enters into a Contract with the Transport Agency not Packlink when they signup as described in the document and pay the carriage charge. See my message of the 29th August 12.35 which has a link to the document on Ebay. A short extract is quoted below. It is well worth reading the whole document as the relationship between the USERS ( ie people taking up one of the various options provided) and Transport Agencies is spelled out quite clearly in more than one place. (b) Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line

Replies .... see red TEXT The message from the "Transcription Agency" – I take it, is the result of a contact from you asking them what has happened to the transcript and they have kindly copied you into a message which they have sent to the court. Is that correct? YES This is the transcript of the decision which was made in your pre-trial hearing?? YES Your notes documents represents your feelings about how your approach to the revelation of the Packlink document should be handled. This correct? YES We should wait for the Farooq transcript which I hope will be along in September. OK I will delay contacting DPD In fact I was going to suggest to you that you might be kind enough to make your own separate application for that transcript from the judge. We will supply you with all the details and you can explain that the transcript has been specifically requested by a judge in your own case. This should move it along. I am happy to do this. I will precis the previous pdf and post directly.

Probably too long winded as usual. Previously you indicated it would/might be disadvantageous to approach dpd but wait until nearer an expected Court Date. The Notes pdf was an attempt to explain why I intend to deviate from your advice. The query to dpd.pdf is the text of the communication I intend to send to dpd which is amended from the one posted a short while ago. The quote in blue was bringing you up to date with where the application for a Transcript request re hearing on 15th August 2023. Hope that makes sense.

Please see extract below which is self explanatory. Good afternoon Birmingham Court, Can you advise whether the court records show whether there was a judgment given for the above case on the above date. All we can locate is the discussion around and the drawing up the order, not a usual judgment. If there is no record of a judgment being given, does the requestor have permission to have the whole hearing? We can then advise the requestor (CCd in) accordingly of the next steps. Natalie Goodson Operations Manager / MoJ Contract Manager The Transcription Agency, a VIQ Solutions Company Attached are two pdfs which I hope make sense. Notes to.pdf hopefully will explain the second one. notes to.pdf query to dpd.pdf

I suspect this is the link you are looking for https://support-ebay.packlink.com/hc/en-gb/articles/360004768420#h_70e65b07-b4ea-49bf-b891-b549e4e4fd7c Please confirm.

Part of your last message is missing at the moment it reads " In particularvisit this post and download and read the attached document. To post down from th......." Please can you supply the missing text so I understand what you are asking me to do please.

OK I've made a diary note.

No... the only bundle I sent to the court and the defence was the one prior to the initial Dispute Resolution Hearing on 15th August and I am currently awaiting a transcript of the Judges summary from that hearing. No date has been set for the formal hearing which I gather is likely to be in December. The Judge at the hearing 15th August has asked that if the transcript from the Farooq case ( Brenford CC) 12th July is received prior to early November to forward a copy for his attention.

Thank you for the reply and advice. Is there a risk though. If I take the #extra# bundle with me is the court obliged to accept it at such short notice? Second if during the proceedings I am asked by the Judge or the Defence " when did you become aware of this additional information?" If I answer truthfully is'nt the Court likely to ask why wasn't the information in the main court bundle ? Could that disadvantage me? On a wider point as Packlink/ebay would appear to step aside from involvement other than as introducers, it follows that all ebay users who appoint a carrier via ebay/packlink have direct contracts with the carriers. Has this come up in any other reported cases to your knowledge?

just wondering if you have had any further thoughts?

Hope you have had a good holiday. And yes I have received the funds via PayPal thank you. I appreciate you wont have studied the recent pdf as yet but attach an additional file of a possible approach to DPD. It may or may not be a sensible route to go down so I await your further advice. query.pdf

Thanks for the above.. please can I commit you to a little reading. I was bored earlier this afternoon and decided to look at the ebay site. A document which I have copied is the T&C of Packlink, It made interesting reading see paragraphs highlighted in yellow and copies as extracts below. DPD provided a copy of Packlinks T&C which states that Spanish Law is applicable . However reading their document on ebay it states English Law is Applicable. Next and maybe most important is that in the the section headed 3 General reproduced as below see b) which indicates the creation of a contract as between me and DPD which they have denied. b) Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. So doesn't this mean by signing up with dpd via Packlink a contract is created? Something DPD have denied. Maybe I have misunderstood which is why I've attached apdf of the full document copied from ebay.eBay Delivery Powered by Packlink Terms and Conditions.pdfeBay Delivery Powered by Packlink Terms and Conditions.pdf

Form completed and sent to Birmingham County Court admin office. You were correct The Transcription Agency can do the work. Will update you in due course . Do I need to begin familiarizing myself with any other legislation for example areas dealing with unfair contract terms?

oK will do.

See attached pdf which appears to show which transcription service can operate in which area. list1.pdf