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post 2 of the letter of claim thread not YOUR thread -
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By purple_rain · Posted
I received an email from the retailer today: "Apologies for the delay in coming back to you, I have been passed around a bit by DPD. I keep being told that the reason the parcel was left was because you informed them of various options to complete the delivery, four in total via the app. Two of which were for it to be left with different number houses, and two stating your safe place. I was told these are treated as a list of options to complete the delivery so the driver opted for "safe place" which was given twice, I questioned the definition of safe place but was told that unless a specific instruction is given this can be at your front door. The lady said this is often done by people when working at home (when on calls for example) so they don't miss the driver, the parcel gets left and then they pick it up once the app confirms delivery at the time it is dropped. Despite the above, I tried to argue that it should not have been left there and was then instructed to submit a claim, which I have now done. I do not know what the outcome of the claim will be, but they have been quite adamant that they completed the delivery following your instruction, and that if no instructions had been given then it would not have been left. It can take up to 28 days for them to preform their investigation, I will let you know when I hear anything back." I have asked him what he's going to do if dpd doesn't side with him and I'm waiting for his response. -
By unclebulgaria67 · Posted
Think with a no confidence motion to be selected for debate, it has to be supported by a certain number of MP's. Or it has to be added as an amendment to a finance bill. I don't think the smaller opposition parties have opposition day debates. . It is just Labour and SNP that have time allocated for them to lead the opposition debates. If the above is accurate (not 100% sure as parliamentary rules are complicated) , it is not that easy for Lib Dems to have a confidence motion debated.
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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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