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By lookinforinfo · Posted
I am sorry about getting your status mixed up. I have noticed one thing. On their claim they are only pursuing you as the keeper-I think it is on their Point C that the driver did not pay , so the keeper is liable. So on your No keeper Liability section You may need to add 8a after 8. 8a . It is trite Law that the driver and the keeper cannot be regarded as the same person and the claimant has failed to offer any proof who was driving. BY pursuing the keeper . when the PCN does not comply with PoFA must mean that their claim fails. -
By Whyisitthis · Posted
Thanks for being so kind (I mean they took the tape off me obviously and wouldn’t let me pay for it) but do you think they might tell this company to leave me alone? Or just ignore me. I sent it tracked. I cannot get a criminal record and of course don’t see why I should. It was an error. Thanks for actually taking time out to reply to me. So I’m expecting a few horrid letters? One which will say letter before something but as long as it doesn’t say letter before action I’m ok? if B&Q take me to court will I be able to pay this fine before anything bad would happen. It’s all a shame as it means I’ll have to make excuses now if it’s every suggested I go into B&Q but I guess that’s the situation I’ve found myself in. Many thanks -
nah you can email it it'll be fine -
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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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