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    • I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
    • In anticipation of lodging my court claim next Weds 1 May (14 days after advising P2G that was my deadline for them to settle my claim) I have completed my first draft POC as below: Claim Claim number: xxxxx Reference: P2G MAY 2024   Claimant xxxxx   Defendant Parcel2Go 1A Parklands Lostock Bolton BL6 4SD  Particulars of Claim The defendant has failed to arrange for the safe delivery of the claimant's parcel containing a 8 secondhand golf clubs (valued at £265) that was sent to a UK address using their delivery service (P2G Reference xxxxx). The defendant contracted Evri to deliver the parcel (Evri Reference xxxxx) and refuses to reimburse the claimant on the grounds that the claimant did not purchase their secondary insurance contract. The defendant seeks to exclude their liability in breach of section 57 Consumer Rights Act. The secondary insurance contract is in breach of section 72. The claimant seeks reimbursement of £265, plus P2G fees of £9.10, plus postage costs for two first class letters to P2G of £2.70, plus court fees, plus interest. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxxx to xxxxxx on £276.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxx   Details of claim Amount claimed £276.80 I look forward to your thoughts and comments guys! As ever, many thanks - G59    
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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.

      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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Registering as disabled?


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Sorry if this sounds daft, but what happens if you are diagnosed with a condition that classifies you as protected under the Disability Discrimination Act but your health / day to day activities are not actually affected?

 

Do you need to register as being disabled? Is there any help that comes along with it or is it only if the disability affect you in some way?

 

This isn't for me, btw, it's for a friend.

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The condition would have to affect you, I guess, as most of the benefits are available on a rising scale, the more disabled you are, the more help you're entitled to (in theory anyway).

 

At work, it would protect you from discrimination if the employer fails to make reasonable adjustment to your condition, for example. But if the condition doesn't affect you or your living/working conditions, then there's no need for adjustments.

 

I can't think of any condition that would allow one to be registered disabled and yet the disability doesn't affect you. I'm intrigued. How would a person know they have that disability if it doesn't affect them in the first place? :-?

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  • 4 weeks later...

I am Diabetic, and from what I have read, Diabetics are covered under the Disability acts in terms of discrimination at work etc, but I don't think you get any other help whatsoever, other than free prescriptions.

 

Though of course there are plenty of things that can go wrong leading to a worse "disability" :(

[sIGPIC][/sIGPIC]

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  • 3 weeks later...

Hi Gyzmo,

 

Sorry for the late reply. It's difficult to pin down a specific answer on the limited information you've given. If you wish, PM me with further, more specific details of the condition and I'll signpost you.

 

If you have a mooch around this forum you'll see I have a history of providing strong advice on this subject, so your information is safe with me.

 

SV

If I've been helpful, please add to my rep. :)

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  • 3 weeks later...

AFAIK there is no longer a register for the disabled, being in receipt of for example DLA would classify you as being disabled. Some people with apparent disabilities do not consider themselves to be disabled and find it insulting to be classified as such. Consequently the "register" has been closed, to say nothing of how such a register could be misappropriated by the wrong "types". The only class of people who are now registered are not the sort you would want to be associated with.

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  • 4 weeks later...
AFAIK there is no longer a register for the disabled, being in receipt of for example DLA would classify you as being disabled. Some people with apparent disabilities do not consider themselves to be disabled and find it insulting to be classified as such. Consequently the "register" has been closed, to say nothing of how such a register could be misappropriated by the wrong "types". The only class of people who are now registered are not the sort you would want to be associated with.

 

You are slightly incorrect. Being in receipt of DLA also does not automatically class you as disabled. This is because the definition of disability in both cases are different, a person who has DLA however does have evidence that another organisation accepts that they are disabled. People diagnosed with cancer, MS and HIV are the only people automatically disabled under the DDA.

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Being in receipt of DLA also does not automatically class you as disabled.

 

What on earth do you mean by this?

 

A recipient has to go through so many hoops & PROVE their case before they get a penny from DLA so dunno how you can say what you have.

 

Can you explain please?

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What on earth do you mean by this?

 

A recipient has to go through so many hoops & PROVE their case before they get a penny from DLA so dunno how you can say what you have.

 

Can you explain please?

 

Absolutely,

 

For the record I myself am disabled and also receiving DLA and I did not intend to suggest that those who get DLA are not disabled under the DDA, far from it.

 

In answer to your question a recepient has to prove their case that they are entitled to DLA under the definition under Section 72 of the Social Security and Contributions Act 1992, whereas the DDA definition is completely different.

 

DLA looks at a persons care and mobility needs so therefore it is very specific whereas the DDA looks at the disability, not exclusively to care or mobility needs - In actual fact treatment is disregarded when it comes to the DDA definition, whereas treatment is taken into account with DLA as it may change the support the person has, which may affect their award.

 

In actual fact the DDA definition may cover more people than those who get DLA.

 

It should also be noted that the decision of whether someone is disabled under the DDA can only be made in a judicial decision in a ruling by a Judge in either a Tribunal or Court.

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