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I've completed a draft copy to defend and will post up here for review. Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke -
By Passerby0233 · Posted
Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner. I'll revisit this post if/when I get a letter of claim. F**k ém. -
By BankFodder · Posted
Please check back later on today for a fuller response and some edits -
Good morning all, No further communication with P2G so now submitting my small claims action. Would be grateful for any feedback on my description of claim before I submit later. The defendant in this case is Parcel2Go Limited The claimant sent a parcel using Parcel2Go Ltd as a broker and Evri as the shipper containing two handmade bespoke wedding trays to a customer with tracking number P2Gxxxxxxxx. The parcel was never delivered although the defendant stated that three attempts had been made to deliver the parcel. The claimants customer waited in for four days to receive the delivery but no delivery was attempted. There was no communication with the claimants customer. Despite many web chats and emails the parcel was not delivered and on the Parcel2Go website it stated that the customer had refused delivery. This was not true as no delivery had been attempted. I was informed that the parcel was being returned to me but after waiting three weeks was informed by Evri that the parcel was lost. I was offered compensation of £20 + shipping fee which I refused and after sending Parcel2Go a Letter of claim this was increased to £75 which I also refused. It is clear that the defendant is responsible for the loss of the parcel as they did not act with reasonable care and skill when handling the claimants parcel, contrary to section 49 of the Consumer Rights Act 2015. The claimant therefore seeks £370 in respect to the value of goods plus court costs. I thought it might be better to use the CRA rather than the Supply of Goods and Services Act as we are sole traders - is this correct? -
No new development, I'm afraid. The last update I received was a letter from the court, advising that the case had been transferred to Croydon County Court.
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If you are buying a used car – you need to read this survival guide.
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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.
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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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