Afternoon All. I have today received a court order requiring me to send them more details before 16:00 on 8 July. A copy of the order is attached, but the relevant paras seem to be: 2 Send all of the documents that are relevant to your case to the court at the above address, also send them to the other side. Both parties must do this. These documents should be placed in date order and should be numbered in the bottom right hand corner. You should include the following documents if available: • A copy of the contract/agreement • Relevant correspondence, including text messages and emails  Photographs Before 4pm 08 July 2024 3 Send to the court and send to the other party your own witness statement and also witness statements from anyone who can give relevant evidence about your case. Both parties must do this. A witness statement must • have the court case number at the top • start with the witness’ name and address • it must contain numbered paragraphs and should be typed and double spaced. If not typed, it must be written clearly in block capitals or printed. • finish with the words “I believe the facts set out above to be true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth”, the date of the statement and the person’s signature. The original statement must be sent to the court and copies must be sent to the other side. Before 4pm 08 July 2024 I'm a little confused by para 7 in the order : Because this order has been made by a Legal Adviser without a hearing, you have the right to request that the decision of the Legal Adviser be reconsidered by a District Judge. Any request must be sent to the court to arrive by 4PM 12 June 2024. The request may be made in your online account, by email or on paper. The request must include an explanation of why the reconsideration is sought. Is this normal? Do I have to do anything with this by 12 June? As ever, many thanks 527MC352-claim-direction-order (anonymised).pdf

Yup, sorry - defo should have checked with you guys first. But with the case only being argued on one point, and the Penchev & Smirnovs precedents to be presented in my bundle, I thought it would be an easy slam dunk!

Thanks jk2054 - email now sent to OCMC requesting an in person hearing.

That's fine - I'm quite happy to attend court if necessary. The question was phrased in such a way that had I declined the 'consideration on the papers' option, I would have had to explain why I didn't think such consideration was appropriate, and since P2G appear to be relying on a single (arguably flawed) issue, I thought it might result in a speedier determination.

OK - I have rejected mediation and said I wish to proceed to a court hearing. I said 'Yes' to : Do you consider that this claim is suitable for determination without a hearing, i.e. by a judge reading and considering the case papers, witness statements and other documents filed by the parties, making a decision, and giving a note of reasons for that decision? since they appear to be relying solely on my failure to purchase their additional 'parcel protection coverage/insurance' which my submission of the PENCHEV and SMIRNOVS transcripts should kick firmly into touch.

Absolutely. If they do defend it they'll also likely incur travel and subsistence costs as I'm in Twickenham and they're in Oldham, and my understanding is that court cases invoving individual claimants are scheduled for their local court rather than that of the defendants.

Thanks Bank - that's exactly what I was thinking. Good of them to concede the parcel hadn't been handled appropriately and that it arrived minus its contents, and the oft quoted precedents would appear to scupper their 'claimant didn't take out our additional 'parcel protection' defence. I shall indeed decline the mediation, and pay the additional cost to take the case to a hearing.

Now attached 23May24 - 527MC352-claim-response.pdf

Afternoon All - after 3 weeks of silence, this morning I received an email from HMCTS advising that P2G have rejected my claim. They have requested mediation, I’m sure not least to drag the case out even longer, but I can see no benefit to me in this and so shall reject it. As ever, I’d welcome your thoughts guys. g59

Exactly right Bank! I had an email this morning from HM Courts and Tribunals Service Civil Money Claims: Dear Mr xxxx Claim number: 527MCxxx Parcel2Go.com has been given an extra 14 days to respond to your claim. They need to respond to your claim before 4pm on 4 June 2024. Anyone would think you've been through this before!

My Civil MoneyClaim against P2G has now been issued and they are required to respond by 21 May (although they apparently request an extra 14 days.....)

Many thanks Bank - I'll keep y'all informed of developments.

Morning guys As Bank suggested, I've now re-worked my POC to include details of my parcel's original loss, miraculous rediscovery a month later and subsequent delivery, albeit having been opened and the contents removed. Grateful for your thoughts please, as (P2G having gone very quiet) I intend to initiate court proceedings against P2G tomorrow - 1 May. Claim Claim number: xxxxx Reference: P2G MAY 2024 Claimant xxxxx Defendant Parcel2Go 1A Parklands Lostock Bolton BL6 4SD Particulars of Claim The defendant failed to arrange for the safe delivery of the claimant's parcel containing 8 second-hand golf clubs (valued at £265) that was sent to a UK address using their delivery service (P2G Reference xxxxx). The defendant contracted Evri to deliver the parcel (Evri Reference xxxxx) and whilst Evri collected the parcel for delivery on 18 March 24 they then ‘misplaced’ it a day later, formally declaring it lost on 27 March. On 16 April they found it and delivered it on 17 April but, at some point before delivery, it had been opened and the contents removed . The defendant refuses to reimburse the claimant on the grounds that the claimant did not purchase their secondary insurance contract. The defendant seeks to exclude their liability in breach of section 57 Consumer Rights Act. The secondary insurance contract is also in breach of section 72. The claimant seeks reimbursement of £265, plus P2G fees of £9.10, plus postage costs for two first class letters to P2G of £2.70, plus court fees, plus interest. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxxx to xxxxxx on £276.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxx Details of claim Amount claimed £276.80

It was sent from [email protected] and was signed ‘Claims Team’

It was all my own work based on my previous emails to P2G which Bank has seen.

Thanks Bank - I shall tweak my draft and repost. And here's today's ridiculous email from the P2G 'Claims Dept' Good Morning, Thank you for you email. Unfortunately we would be unable to pay the amount advised in your previous email. When you placed the order, you were asked for the value of your parcel, you stated that the value was £265.00. At this stage the booking advised that you were covered to £20.00 and to enhance this to £260.00 you could pay an extra £13.99 + VAT to fully cover your item for loss or damage during transit, you declined to fully cover your item. Towards the end of your booking on the confirmation page, you were then offered to take cover again, to which you declined again. Unfortunately, we would be unable to offer you an enhanced payment on this occasion. If I can assist further, please do let me know. Kindest Regards Claims Team and my response Good Afternoon Do you not understand the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘cover’ or ‘protection’ (or whatever you wish to call it) on top of the standard delivery charge, and P2G were required to pay up in full for both cases, which by then also included court costs and interest. I shall be including copies of both those judgements in the bundle I submit to the court next Wednesday 1 May, unless you settle my claim (£274.10) in full before then. Tick tock…..

In anticipation of lodging my court claim next Weds 1 May (14 days after advising P2G that was my deadline for them to settle my claim) I have completed my first draft POC as below: Claim Claim number: xxxxx Reference: P2G MAY 2024 Claimant xxxxx Defendant Parcel2Go 1A Parklands Lostock Bolton BL6 4SD Particulars of Claim The defendant has failed to arrange for the safe delivery of the claimant's parcel containing a 8 secondhand golf clubs (valued at £265) that was sent to a UK address using their delivery service (P2G Reference xxxxx). The defendant contracted Evri to deliver the parcel (Evri Reference xxxxx) and refuses to reimburse the claimant on the grounds that the claimant did not purchase their secondary insurance contract. The defendant seeks to exclude their liability in breach of section 57 Consumer Rights Act. The secondary insurance contract is in breach of section 72. The claimant seeks reimbursement of £265, plus P2G fees of £9.10, plus postage costs for two first class letters to P2G of £2.70, plus court fees, plus interest. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxxx to xxxxxx on £276.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxx Details of claim Amount claimed £276.80 I look forward to your thoughts and comments guys! As ever, many thanks - G59

Today's email from Mr/Mrs/Ms S Fernandez of the P2G Claims Dept advises he/she/they "have looked into your concerns and understand the parcel was received damaged by your customer." As a result they "have agreed on this occasion only as a matter of goodwill without prejudice, to make an offer of settlement for £100.00" I replied to him/her/they that (a) the parcel was not received damaged, but empty and (b) that they have until next Weds, 1 May to recompence me in full or the court case will commence.

Morning All Natalie from P2G emailed me this morning advising they would update me as soon as possible. I responded as attached. 23Apr24 - email to Natalie of P2G with photos of cut package.pdf

And in other news, I've been in contact with the original buyer of the golf clubs in Cardiff, who received the empty box a month after I despatched it. Unfortunately he has disposed of the box, but before he did so he took a couple of photos showing the cut/torn end through which the clubs were obviously removed. I wrapped the package, especially both ends, with yards of strong, black duct tape, there is no way it would have split..... 22Apr24 - photos of cut or torn box.pdf

Thanks Bank - I've just sent the following: Dear David Thank you for your reply advising you are liaising with Evri. They had better hurry up and find the missing golf clubs, because if they fail to do so I shall be commencing legal proceedings against P2G on 1 May as promised.

And Mr Schnur has responded to my email reply to Natalie: Good Afternoon ****, Thank you very much for your email regarding the above mentioned shipment. I am very sorry for the inconvenience experienced with your order. Please note that we will not be able to increase the compensation as suggested by yourself as you have not taken out any protection to fully cover your parcel's true value. We are currently in the process to liaise with the courier to see whether they can conduct some depot and lost property searches for you. We will get back to you as soon we have heard back. Kindest Regards David Schnur

Natalie, whom I assume works for Mr Schnur, emailed me to advise that "Please be advised that Parcel2Go.com is not an insurance broker and is not backed by any. We do not offer any kind of insurance policy on any of our services. We give all our customers the opportunity to cover their goods to a preferred value so that if a claim does arise, we are able to compensate them. All our claims are self-certified, and we are not a regulated company." (full copy of her email attached) I responded: "Good afternoon Natalie Have you read my email below? Are you aware of the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘protection’ on top of the standard delivery charge, and P2G were required to settle both cases (by then also incurring court costs and interest) in full. This will happen again with this case if I am not recompensed in full (£265 + £9.10 = £274.10) before 1 May 2024. Tick tock, tick tock……" 22Apr24 - email from P2G responding to my email to Schnur of 19Apr24.pdf

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Thanks Bank – I took your cynicism / experience on board and responded thus: Thank you for your response Mr Schnur I set out my position quite clearly in my letter of claim and nothing has changed. Your insurance requirement is unlawful and is contrary to section 57 of the Consumer Rights Act, and also section 72 of the same statute. I would also refer you to the outcomes in PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729). My deadline for action - 1 May 2024 - still stands.