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By occysrazor · Posted
Hearing held today in court. I attended in person and Evri had an advocate attend on their behalf to defend their position that my contract is with Packlink and not with them. I also provided a copy of Evri's terms and conditions which explains that a contract is entered into when a parcel is sent with Evri. The judge pointed this out to the Advocate and agreed there is a contract between me and Evri under the Ts and Cs. The judge explained that while Packlink are responsible for organising the delivery of the item, it is Evri who are responsible for handling the goods and delivering them, and therefor Evri has a responsibility to handle the goods with reasonable care and skill. So am pleased to say the judge found in my favour. Hearing lasted about 75mins. Evri has been ordered to make payment within 21 days. Also nice to meet @jk2054 in person. -
Good morning, I just wanted to update you on the situation. I have visits piling up with my current employment and they need doing before I finish at the end of this month. I am moving to Wiltshire in 3 weeks for a new job helping care homes with their Dementia patients. I tried to work it out and at a guess I will be doing about 20-25,000 miles a year. So need a vehicle that can cope with that mileage, my old car would have done it easy but 🤷♂️ I have taken out a loan and got a friend to find me a reliable car that can cope with the miles and hasn't been written off in the past. I phoned Adrian flux to see if I could use the last months insurance on a new car I have bought, the girl I spoke to phoned Markerstudy and asked them but they said no, my new car doesn't have any modifications. I had an email from someone who saw one of my appeals for information, they live near the site of the accident and know a nearby farmer who has a security camera at his entrance that catches the traffic and specifically registration plates as he has been robbed before. They said they would reach out for me and see if he still has the data. Unfortunately it wont catch the scene of the crash. The Police phoned me and said they were closing the report I made, even if they found footage of the vehicle at the time I said the actual incident would be my word vs theirs. My first response was I am sure google maps would show that they turned around at that location which would verify my version of events, but upon reflection I do understand, I have seen people doing make up with both hands while driving, eating from a bowl steering with their knees and veering all over the place. I am sure some of these people go off the road and claim that someone forced them off. Markerstudy phoned me yesterday to say that my car is now at Copart, the £80 tank of Vpower diesel was emptied on entry to the site for safety reasons, which I get but it sucks. It is awaiting being assessed and shouldn't be too long, which is a relief. I am really glad things do not seem to be going the way of the other stories and they seem to moving quickly. However I was informed that my car was a structural write off before I bought it - this destroyed me, I was almost sick. and this is going to affect any offer of money - after hearing the first statement this didn't affect me. They need to wait for the assessor to check it over but it is highly likely to be written off and the maximum they can offer is £2300. I was desperate for a car as I was working for an agency at the time, no work no pay, and did not do a vehicle check because I didn't know about them. The seller did not tell me that it had been structurally written off, he told me that it had the front wing damaged while parked and was repaired at an approved repairer. Markerstudy records state that it was sold at auction, no record of repair at an approved repairer. I bought it bank transfer with hand written receipt. It gets worse. It turns out my airbags should of gone off. For some reason they are not working. I think we can figure out why. If I had hit that car head on and had no airbags. Some good news. I can arrange a time with Copart to go and take my stereo equipment and any personal items that are left in the car only. I cant live without music and need quality sound, my speakers and amps are Hertz and JLaudio, (no I am not a boy racer with booming subs, I am an audiophile on a budget) I was really worried I wouldn't get them back so this is a huge relief for me. It is stuff I have built up over years of saving and collecting. Everything to do with the vehicle and mods I have declared need to stay to be assessed. The accident has gone as a fault on my record, I have to remove 2 years NCB which means I still have some to declare which is good. So it appears at this point that it may be resolved quickly, not in the way I was hoping, but not as bad as I presumed it was going to be based upon that tow truck drivers attitude and behaviour and the horror stories I read. I am not going to buy the car back and try to make money with all the parts on it, I don't have the time or energy. I may need an xray on my back and neck. The whole situation has left me feeling physically sick, drained and I need it done. The lesson learnt from this - My conscience is 100% clear, my attitude to safety and strong sense of personal responsibility - A rated tyres even if on credit card, brake fluid flush every year, regular checks of pads and discs, bushes etc, made avoiding what I believed to be a certain broadside collision possible. Get a dashcam (searching now for the best I can afford at the moment) - Research your insurance company before you buy - Pay for total car check before you go and see a car and take someone with you if you are not confident in your ability to assess a vehicle. Thank you to everyone here who volunteers their time, energy and information, it is greatly appreciated. You helped my sister with some advice a while ago but we weren't able to follow through, she is struggling with long term health conditions and I ended up in hospital for a while with myocarditis, when I got out and remembered it was too late. I am going to make a donation now, it is not a lot, I wish I could give more, I will try to come back when things are on a more even keel. Take care
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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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