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Laura, it's fine, all is in hand. New version of the WS, after taking into account LFI's comments and Ashley's bilge. For ease the new bits are in red. Defendant's WS - version 2.pdf -
By Laura Cooke · Posted
Yes it would seem they make it up has they go along the IAS had the wrong vehicle and number plate it would have been the elderly lady's vehicle whom my grandson helped pay her fee has she didn't know how to do it so it would seem he paid again with her details by mistake -
next time dont disappear for a MONTH !! without reading up... we cant nursemaid people we are free volunteers dx -
By lookinforinfo · Posted
The reason I asked was that the Director said you only appealed once to Bank and appeared to ignore that you also appealed to the IAS who gave the pointer what he think happened. Could it be that the director deliberately ignored the IAS decision and hoped you wouldn't mention it? -
Hi BankFodder, Thanks for the reply. I will take your advice and read through more thoroughly. To answer your question, the value of the laptop is £255. When filling in the online form to prepare the shipment it asked what the contents of the parcel was and the value and I specified "laptop" and "£255". Thanks.
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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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