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By honeybee13 · Posted
Yes, I think that will be OK. They can always ask for a paper copy if they want one. HB -
Call 0300 123 5577 for hearing fee press option one everytime max 15m wait -
But i am going to send the reply via email and not hardcopy? So i can just take a photo of the filled information on the second page and then send the email to them? is that correct? -
Not sure whether this should be included? It may get back to MET and tip them off to something you may use in a WS further down the line. -
By honeybee13 · Posted
You can attach your letter to theirs - I would return the original to them and keep a copy. Print out your letter if you think it answers their questions and put your name and their reference number at the top, then attach it to their form. HB
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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.
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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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