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I see that at the start of your thread you said they hadn't sent a Letter of Claim. And in fact in all the uploaded material there is no LoC. This is great news. Even were you to lose - you won't - the judge would chop off a chunk of the money for their non-respect of PAPLOC. However, I'm a bit confused as you've named the file name as a SAR. Are you sure about this? Did you send any other letters apart from the one dx advised which was a CPR request (not a SAR) to DCBL (not Group Nexus). I'm not being pernickety, this will be important for your Witness Statement further down the line. -
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By Man in the middle · Posted
I didn’t say it wouldn’t. That is not the issue here. To continue driving after the licence has expired (under s88), the driver must have submitted a “qualifying application”. An application disclosing a relevant medical condition (of which sleep apnoea is one) is not a “qualifying application”, This means the driver cannot take advantage of s88 and must wait for the DVLA to make its decision before resuming driving. The driver’s belief is irrelevant. The fact that a licence was eventually granted may mitigate the offence, but does it does not provide a defence. But this driver didn’t meet the conditions. I explained why in my earlier post. He only meets the conditions if his application does not declare a relevant medical condition. His did. As I explained, after his birthday he did not hold a licence that could be revoked. In my view it doesn’t matter what it says. The offence is committed because his application declared a medical condition. Meanwhile his licence expired and s88 is not available to him. The GP letter would form part of the material the DVLA would use to complete their investigations. But until those enquiries are completed he could not drive. The offence does not carry points or a disqualification (because a licence could have been held by your father). It only carries a fine and the guideline is half a week’s net income. If he pleads guilty that fine will be reduced by a third. He will also pay a surcharge of 40% of that fine. But the big difference is prosecution costs: a guilty plea will see costs of about £90 ordered whilst being convicted following a trial will see costs in the region of £600. -
I'd recommend getting a new thread started about this. Let us help!
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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
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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.
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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.
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Marlin/Mortimer CCJ HFC Marbles Card - Set Aside Help **WON plus Costs**
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