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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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Court summons for fradulent DVLA claim! any help appreciated!!

k67

By k67
in DVLA

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Conniff

Conniff

Posted
Posted

Are there witnesses from your neighbours who can see the car and can swear that the car has been on private land for the claimed year?

 

If so you will have to ask the judge to put your hearing back so you can get 'sworn' witness statements from these people to back up you case.

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Conniff

Conniff

Posted
Posted (edited)

Don't be worried k67. This is not in a big court with a jury and legal people spouting such things as 'my learned friend' etc; like you see on the telly.

 

Judges are not silly so mention that you have pics on your phone and if the judge wishes to see them he will ask you to show him.

 

There will be a duty solicitor there if you need any help, he is paid by the court so won't cost you anything, so get there early and check it out.

 

And don't be afraid to use the word 'lies' in respect of the ticket man. Just tell it like it is.

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Conniff

Conniff

Posted
Posted

Well done K. Now that you have been once it won't be so intimidating the next time.

 

Of course the duty solicitor is correct, we have all known this since the continuous rip-off was introduced and they became just the latest in the governments stealth taxes.

 

Did the duty solicitor give you a business card? The way he has the DVLA weighed up it would make sense to take advice from him if it comes to the need of a solicitor after you have shown the DVLA up for what they really are.

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Conniff

Conniff

Posted
Posted

If this gets back in court, I wouldn't be surprised if DVLA do not show. You might find that they decide to drop it before it gets back, that is the type of people they are, they don't want bad publicity.

 

Are your papers etc; ready for your appearance? Have you been notified of the exact date? Do you have any legal representation?

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Conniff

Conniff

Posted
Posted

"So there we have it" ? Are you going to drop it here or see what you can do about the enforcement officer/agency ?

 

Others may already have paid fraudulent claims and there could be more to come so he needs to be stopped.

 

I would say that the fault is not with DVLA this time as they were just acting on a report. I wonder if they are continuing to use this enforcer.

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Conniff

Conniff

Posted
Posted
I belive I was targeted by the same DVLA enforcement agent, would be even worse if there is more then one enforcement agent at Mitcham DVLA making these false reports. Have my court date next week, would really aprecciate if you can help me.

 

If you have the same or better strong evidence that K67 had, I would let this go to court and make the man appear and tell his lies to the judge and then see what happens when you show your evidence.

 

If it's the same man, he has to be stopped and just getting the dvla to drop it obviously wont stop him.

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