Jump to content


  • Tweets

  • Posts

    • No. The defence is different. Their defence paragraph 2.7, 2.8, 2.9, 2.10 – for the first time makes reference to an alleged term between the Packlink/EVRi contract which apparently specifically excludes the effect of the Contracts (Rights of Third Parties) Act 1999. If this is true then it is very likely that they will have closed that loophole because the 1999 act specifically allows itself to be excluded by an express term within the principal contract I think that you will have to do ask the court to require them to provide evidence by way of presenting their contract and also the date that this new amendment was inserted. I understand that your claim refers to an item which was lost a year or so ago. These give us the date. We would certainly want to know that this amendment predates the date when you first contracted with Packlink to send the item. I would want to say to the court that in the absence of their willingness to confirm with evidence the date that this contractual amendment was made, that the court should assume that this was a recent amendment and was therefore not in force at the time you made your contract. We have third-party defences on this sub- forum which are fairly recent and there has been no mention of this exclusion of the 1999 act. I think we can take it that this is something that they have put together very recently. Secondly, even if they want to exclude your third party rights, it does not absolve them from the negligent handling of your item and in respect of an action for negligence you have first party rights. You don't have to rely on third party rights – although of course, you didn't allege negligence in your original claim. We didn't advise you to do so. Maybe shortsightedly we didn't foresee this contractual amendment. Of course assuming that this contractual amendment is true – although I expect it has only been added recently – what they are saying here is that nobody in the United Kingdom who makes any contract with any parcel delivery company using Packlink will have the right to bring a claim for lost or damaged or even stolen parcels. These people have lost their moral compass. It is shabby treatment of ordinary customers who pay their money and who repose their trust in these parcel delivery companies. No wonder that the Paralegal Children are now ashamed to sign off these documents with their own names. In terms of parcel tracking information – apparently it has been destroyed according to their own data protection policy. That's their business. It's got nothing to do with you and they can't use this to frustrate the six year limitation for bring a breach of contract action or the three-year limitation period for bringing an action in negligence or other tort. There reference once again to the exclusion of the 1999 Act but this time apparently in the contract between you and Packlink – is irrelevant because the exclusion has to be in the commercial contract between Packlink and EVRi – which they have referred to in their paragraph 2.7 et cetera of their defence. I'm assuming that you propose to go ahead with this case. Please let us know when you respond and we will go forward. In the meantime, I suggest that you write a letter to EVRi. Referred to their paragraph 2.7 et cetera and asked them for a copy of the contract and confirmation of the date on which the exclusion of third party rights term was included in it. Tell EVRi that if they do not answer or if they refuse that this will be brought to the attention of the judge. Tell them also that you notice that they say that they have destroyed data in line with their data protection policy. Inform them that they do not appear to have disclosed this data protection policy to their customers. Please will they forward you a copy of it and once again if they failed to respond or if they refuse that you will bring this to the attention of the judge as well. I suggest that you post a draft of the letter here so we can have a look    
    • Good morning dx100UK Could I send the update to you privately? Regards
    • On the other thread you posted on, you asked about immigration issues. We aren't qualified to give that advice, sadly, you would need to find an authorised adviser. 'It is a criminal offence for a person to provide immigration advice or services in the UK unless their organisation is regulated by the Office of the Immigration Services Commissioner (OISC) or is otherwise covered by the Immigration and Asylum Act 1999. Members of certain professional bodies may give immigration advice without registering with OISC.' How to become a regulated immigration adviser - GOV.UK WWW.GOV.UK  
    • Hi. Can you show us the letter from the police please? Cover up your name and address. Our upload guide will help you. HB
    • Baidu's Qu Jing tells workers she does not care for them because, 'I am not your mum'.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Civil Liberties ..


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5222 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Am I alone in thinking that Civil Liberties in this country are being steadily eroded?

 

Every week there seems to be some new example, this week's being that a trial is being held at the Old Bailey without a Jury. The reason apparently is that Judge feared 'tampering'. Is this the thin end of the wedge?

 

We seems to be the most over-regulated society in the Western World and I wouldn't be surprised to find that we are more regulated than a lot of so-called dictatorships.

 

In the larger towns and in the cities everything we do is on filmed on CCTV cameras.

 

In many areas, there are even microchips to check on the amount of rubbish we put in our bins.

 

This government has created thousands of new criminal laws and worse, tens of thousands of new jobs to police them. The police themselves are used to investigate matters involving letters from people that council officials object to. The whole thing is out of hand.

 

This government would like nothing better than to force us all to have ID cards (at our expense). "You won't have to carry them" they tell us, just produce them within a certain time if you're asked to show them. What is the point in that? Clearly, the next logical step is that it will be yet another criminal offence not to carry an ID card. In addition to that, the number of people who now have the powers to demand your identity seems to be rising by the month.

 

Wouldn't it be a good idea if we were all on a DNA database? After all, if you've done nothing wrong, what have you got to hide?. The slippery slope - but to where?.

 

It's all wrong. I'd like to think that if this lot were kicked out at the next election then the problem will be solved but I don't think it will be.

 

Who will save us from this inexorable slide into a police state?

 

Fred

Edited by Fred Bassett

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

Link to post
Share on other sites

\

 

Saint Peter.:lol:

 

Mandelson?!!

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

Link to post
Share on other sites

Am I alone in thinking that Civil Liberties in this country are being steadily eroded?

 

 

Have you only just noticed ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

What Civil Liberties :mad:

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

"In the larger towns and in the cities everything we do is on filmed on CCTV cameras."

 

Its not just larger towns and cities-they are everywhere now.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

"In many areas, there are even microchips to check on the amount of rubbish we put in our bins."

 

My council dont have them yet.....but I think my neigbour has fitted on on theirs after a certain person was sussed putting stuff in theirs:rolleyes:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Am I alone in thinking that Civil Liberties in this country are being steadily eroded?

 

You're not alone in that at all. This government have done more in their relatively brief leadership to destroy the principles of free speech and civil rights in this country than at almost any other time in the last few hundred years.

A prime recent example? Brain Haw. I cannot think of another example, at any time in the history of this country, where the government has forced undemocratic legislation through purely to get rid of one lone protester.

Any government that feels there is a valid need to implement an 'exclusion zone' around its seat of power to prevent any form of protest has no business calling itself democratic.

 

Sure, there have always been campaigns and demands for greater liberty, but I don't think there has ever been a point in history where the lines are as clearly drawn as they are today. People seem to be a lot more in touch with their rights these days, and I think there's a much greater feeling that we can - on masse - bring governments to account and force change. Whether or not we're right, or simply deluding ourselves, is another matter.

 

Who will save us, Fred? Well, I'm not sure anyone will, to be honest. Whilst the amount of surveillance, both actual and intended, is worrying, I think a greater problem lies with the attitude of government, central and local, and of other authorities, such as the police.

There seems to be a growing level of abuse of legislation, from all these quarters, and until those attitudes are addressed, I think we will continue to see such laws enacted by, and acted on, an increasingly delusional, paranoid government.

 

You mentioned your hope that once the government is changed, these matters could be addressed. I'm with you in principle, but in reality they won't be. It's very easy to enact and implement sweeping laws, but very rare they are ever repealed.

 

The answer? Emigration, perhaps? And I say that - unusually for me - without irony or sarcasm, because whilst it's true that the grass only appears greener on the other side of the fence, it remains a fact that a great many countries do not have anything close to the mean-spirited, nanny-state attitude that seems to pervade in the UK.

Link to post
Share on other sites

We seems to be the most over-regulated society in the Western World and I wouldn't be surprised to find that we are more regulated than a lot of so-called dictatorships.

 

As a total aside, I always thought that we only had pretend regulation (mostly). I think we need more of it and improvements in existing regulation. The only regulator I've noticed that actually works is the Advertising Standards Authority (nothing in that for government - which is why I feel it works)

 

Private business is increasingly up to no good (for me) and I think the government, at times, is fully aware of the revenue and this dictates that the regulation is purposefully not effective in what it is supposed to suppress. Maybe I'm too cynical, but the OFT are a waste of space!

Link to post
Share on other sites

As a total aside, I always thought that we only had pretend regulation (mostly). I think we need more of it and improvements in existing regulation. The only regulator I've noticed that actually works is the Advertising Standards Authority (nothing in that for government - which is why I feel it works)

 

Private business is increasingly up to no good (for me) and I think the government, at times, is fully aware of the revenue and this dictates that the regulation is purposefully not effective in what it is supposed to suppress. Maybe I'm too cynical, but the OFT are a waste of space!

 

I, perhaps equally cynically, have to agree. Most regulatory bodies in the UK that exist for, or are geared towards, the public interest seem to me to have been stripped of most of their teeth by the government.

 

But is that really that surprising? Invariably, any body that protects the public is at some point going to have a negative impact on the revenue generation of that company, which, in turn, hurts the governments revenue generation from taxation.

It seems that it's in the financial interests of any government to pay lip service to its electorate by having a public facing institution to protect the public interests, but to legally neuter said institution to ensure that it doesn't actually cause any trouble.

Link to post
Share on other sites

You're not alone in that at all.

 

I'm glad to see there is something we can agree on.

 

I don't think a change of Government will make that much difference at the highest level - the powers the state has will probably remain. At a lower level though, if Cameron gets elected, there is bound to be a cutting of a lot of public sector jobs and that in itself might do away with some of the unnecessary snooping. I won't hold my breath though.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

Link to post
Share on other sites

Invariably, any body that protects the public is at some point going to have a negative impact on the revenue generation of that company, which, in turn, hurts the governments revenue generation from taxation.

"What an amazing country.

You plant civil servants, and soon you harvest taxes".*

 

George Clemenceau (French Prime Minister, early 20th century)

 

 

*He was talking about France, but the quote seems apt everywhere. :razz:

Link to post
Share on other sites

"What an amazing country.

You plant civil servants, and soon you harvest taxes".*

 

George Clemenceau (French Prime Minister, early 20th century)

 

 

*He was talking about France, but the quote seems apt everywhere. :razz:

 

This lot have planted about 750,000 civil servants in the last 12 years. That's a lot of extra taxation.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...