Jump to content


  • Tweets

  • Posts

    • I've just noted that in Section 4 of the ebay powered by packlink T&Cs, there is a link to a list of webpages for each Transport Agency including Evri. When clicking on this, it redirects to Evri's send terms and conditions, which says: Our contract with you When you send a parcel with us, you enter into a contract with Evri. These terms and conditions set out your responsibilities and our service commitments to you, along with some legal bits about our liability and how you will be compensated in the unlikely event that things go wrong. Link to Evri send T&Cs: https://www.evri.com/terms-and-conditions the extract highlighted in bold above is pertinent as in Evri's own T&Cs, by sending a parcel with Evri, the sender and Evri have entered into a contract. Screenshot of the above extract attached. Screenshot_20240524_030834_Chrome.pdf
    • Hi, Evri provided a copy of the Ebay powered by Packlink T&Cs in their WS/Court bundle - this is already uploaded in post #246 yesterday. I copy and pasted the actual wording of clauses 3b and 3c from there into my post #246. see points 3b and 3c in Section 3 (General) through this link to the T&Cs:  https://support-ebay.packlink.com/hc/en-gb/articles/360004768420-eBay-Delivery-Powered-by-Packlink-Terms-and-Conditions#h_01HFXQJBTB441YZGPB7CQP9KFV Screenshot attached below. I cant answer why its not been picked up before. In my opinion, this is called Ebay powered by packlink T&Cs so it could be intepreted to mean Ebay and Packlink's T&Cs rather than Packlink and the delivery couriers T&Cs. In regards to seeing Evri/Packlink's entire contract in original form, in my WS, Evri has been invited to provide this. They have not provided the contract in their WS/court bundle. Screenshot_20240524_024259_Chrome.pdf
    • yes, and he has since emailed them to say he wants it done with a hearing
    • Do I take it that you had already informed the court that you wanted the case settled on the papers rather than by way of a hearing before you came here and told us?
    • This is a very important find. I don't understand why nobody has picked up on this before. It's a shame that you have only just found it but please will you get a screenshot and also give us a link to the page which contains this and if possible a link to the actual passage. This makes a huge difference because if this is right that the third party actually has a direct contract with the courier company then they can rely on their consumer rights rather than commercial rights. Also as you seem to have pointed out, even if  their commercial contract does exclude third-party rights, the clause that you have found on the eBay site directly contradicts that And this should be pointed out to the judge.  Please will you screenshot the passage. Give us a link and then stand by for a response later on today. We will have to send this additional piece of information to the court and don't worry we will manage to do it before the 4:00 pm deadline. And in any event, you will certainly want to see the entire contract in original form and receive clarification as to when their third-party exclusion close was included in it.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Success rate


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5632 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

first of all I have to say what a great site!, I found it yesterday as I was searching to find ways of not paying the fine imposed on my wife at the euro car park in southampton west Quay (£50 fine, £30 If I pay it within 14 days (how generous!))

 

one thing that I haven't been able to find reading through the many threads on this subject is the success rate, has anyone who actually refused to pay been made to pay in the end? or is it close to being 100% effective (providing I use the templates provided)?

 

do I send the letter now, or shall I wait for the first letter from them? and as both my wife and I drive the car (both our names on the insurance), can I mention this in the letter saying that we will need clarifications from them as to who was driving the car at the time

 

 

many thanks

Link to post
Share on other sites

wait for them to write.the odds are good that they will snarf up the paperwork ( that their letter will be outside the BPA COP which the DVLA insists is enforced :) ). Plus it costs them 2.50 to get the RK details from the dVLA.

Link to post
Share on other sites

this is a con, a trick. there are no periods laid down by regulations for running a con trick. just forget about them, when anything arrives from them of a 'DCA' just file it in the drawer and carry on with your life.

Link to post
Share on other sites

"one thing that I haven't been able to find reading through the many threads on this subject is the success rate, has anyone who actually refused to pay been made to pay in the end?"

 

I found this as well? People say they are not going to pay but then we hear nothing from them after that? I take it, that the PPC didnt bother them again and therefore didnt post again??

Link to post
Share on other sites

"one thing that I haven't been able to find reading through the many threads on this subject is the success rate, has anyone who actually refused to pay been made to pay in the end?"

 

I found this as well? People say they are not going to pay but then we hear nothing from them after that? I take it, that the PPC didnt bother them again and therefore didnt post again??

 

Or the "debt collectors" came around and broke their legs and arms and ther weren't able to post again!

Link to post
Share on other sites

Yeh I tend to agree, I think the majority of the time as the PPC move onto the next guy hoping to make pay a [problem] ticket then the person never hears anything again, its not as though u get a letter through the door saying "congratulations u have passed the time limit we wont bother u anymore" it more of a case that u dont hear from them again, rather than its dead and buried

 

I remember I was given a ticket about 4 years ago from a PPC but in my rebelish years I didnt pay, not that I was aware of the this site and the [problem], I just didnt want to pay and ive never heard anything since, I didnt even get a debt collectors warning. Similar to my next door neighbour who has refused to pay a ticket and he just got the one letter to pay and hasnt heard anything since about 6 months ago, so they must not send debt collectors letters out to everyone??

Link to post
Share on other sites

one thing that I haven't been able to find reading through the many threads on this subject is the success rate, has anyone who actually refused to pay been made to pay in the end? or is it close to being 100% effective (providing I use the templates provided)?

 

5 or 6 cases a year (out of hundreds of thousands of tickets). We know of no properly defended case being lost.

Link to post
Share on other sites

To quote from the solicitor who appeared in the BBC Insideout segment

 

"of 20,000 tickets in the last year, I know of only three that went to court" (PS, two were excel's and they lost both cases).

MBNA - Agreed to refund £970 in full without conditions. Cheque received Sat 5th Aug.:D

Lloyds - Settled for an undisclosed sum.:D

Link to post
Share on other sites

  • 1 month later...
  • 3 weeks later...

Success Rate?

I have "won" or had cancelled 17 consecutive PCNs over the last 7 yeasrs from my own LA. Some went to PATAS where I even got compensation for their vexatiousness. Othrers were cancelled on informal or formal representation - and a whole batch cancelled within minutes of arriving at their offices with timed dated (on the PCN dates) photos showing improper or a lack of signs (they had been errected in the interveining period) and insisted had been there all along!

 

Less frequent, but the same elsewhere (Westminster) - 3 Appeals won. Well, they declined to contest at PATAS at the last minute for 2 of these! None lost - but I did pay one where I knew I was wrong.

 

But why, oh why, should they be allowed to ignore what is written in representations and just reply with threats, only to so openly surrender when exactly the same argument and words are in an Appeal to PATAS?

Link to post
Share on other sites

Tony, we both know that councils play the % game. By continuing to reject appeals they force more people to pay up. If someone seriously appeals to PATAS they fold their tent and run away. Only 1% of PCNs are appealed and 70% of those appeals are upheld. Go figure.

Link to post
Share on other sites

  • 5 weeks later...

I had two from controlaccount - then they went away.

 

Sam the Eagle

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

Link to post
Share on other sites

I have had 4 demands from a PPC and 2 demands from Rossendale Collect. Do you think that it is likely I will receive any more demands from the debt collectors? I looked up PATAS as I'd never heard of it but it doesn't deal with Parking Charge Notices - is there an organisation that deals with these, like PATAS. I would consider looking at compensation for harrassment if it goes on.

Link to post
Share on other sites

you are near the end (as posted in another thread). Just the BPA and the DVLA - neither care too much about it as it is a great source of money to them as well. of course there is also trading standards - and the Police for fraudulent paperwork. And possibly the CSA, SIA and the SRA depending on the companies involved and their sins. plus your MP.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...