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Then leave it just proceed with the claim( strike out/SJ application are risky).....the defendant will not be permitted to rely on written evidence (documented) only verbally as they failed to comply with the N157 (unless they have filed with the court and failed to serve you a copy) ? -
Ive asked court to strike out for non compliance but they came back and said needs £275 application fee and formal n244 -
Did the N24 invite either party to submit a statement ?
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By Badtimes123 · Posted
Thanks for responding Andy, that was my understanding when receiving the N24, mild panic when I got Link's WS for the date though! not sure why they would send me theirs.. -
In most cases, if you have a criminal record the police will retain this information for your entire life. However, as long as the offence isn't considered a specified offence, a criminal record check could come back clear after 6-10 years.
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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
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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.
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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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