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    • Hi, below is a draft of the letter Address: Hugo Martin Director of Legal and Company Secretary EVRi Parcelnet Ltd trading as Evri CAPITOL HOUSE, 1, CAPITOL CLOSE LEEDS LS27 0WH REQUEST OF CONTRACTS      Dear Sir/Madam, I am writing in regards to the ongoing small claims case ____. In your Defendant’s response you make reference to a pre-existing commercial agreement between yourselves and Packlink (2.7). In that, you claim to have a clause removing customers third party rights under the Contract (Rights of Third Parties) Act 1999. I would like to request a copy of this contract and confirmation of the date on which the exclusion of third party rights term was included in it. If you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. I also notice that you have destroyed tracking information due to "lapse of time" in line with your data protection policy (2.12). Can you share where this data protection policy is disclosed to customers? I also ask you to forward you a copy of that data protectiono policy, and again if you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. Kind regards,
    • Firstly, thank you for filling in the sticky so quickly - we wish everyone who comes here would do that! You're in the clear.  MET don't know who the driver was.  They can use Schedule 4 of the Protection of Freedoms Act 2012 to transfer liability to the keeper if their bilge arrives within 14 days - they didn't send it out till 102 days after!!! So sit on your hands.  MET will come out with threat after threat but ultimately will do nothing. Have a read of other threads for this car park - we are having a tsunami of cases at the moment. Be sure to come back here though if they ever send you a Letter of Claim.  
    • Just received this letter from Lowell.  IMG_1032.pdf
    • I don't think you are misunderstanding. It seems something may have gone missing. HB
    • Hi, Thanks for the reply. The only correspondence I've had from them is attached to the post? Apologies if I'm misunderstanding. 
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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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Suspect Personal Injury Claim - Help!


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Hi,

 

My girlfriend was involved in a pile-up on the M1 in November 2008. As she went into the back of a 4x4 (she was in a Clio) she was held liable for damage to the 4x4. Her insurers (Tesco) paid for the damage and her premium went up accordingly.

 

Now, out of the blue dated Jan 2010 we have received a letter from 'Camps Solicitors,' regarding (what we think is) a personal injury claim. We received this letter at the end of February, even though it is dated Jan.

 

To be honest, we do not fully understand the letter (please see full text below).

 

She thinks the person named was not the driver of the vehicle - she seems to remember him having an English firstname and polish surname, however the letter names someone with a very polish firstname too - of course he may be using a 'english,' name for day to day use..

 

We haven't contacted her insurers at this point - what do you advise to do?

 

Thanks!

 

Letter:

Dear xxx,

 

Re. Our Client XXX

Road Traffic Accident: 09/11/2008

Location: M1 - Junction 13

Accident time: 8.00pm

 

We act for XXX who was involved in a road traffic accident with you on the above date.

 

Our client has suffered loss and damage in the accident and holds you legally responsible because you drove into the rear of our client's vehicle.

 

Our client has suffered personal injuries as a result of the accident which we understand (in layman's terms) to be whiplash type injuries. Our client has not so far had treatment in any NHS hospital as a result of the accident. On the information presently available we do not believe there will be a loss of earnings claim in this case.

 

Your insurers will need to know that our client is insured with Direct Line Insurance of Direct Line House, 3 Edridge Road, Cryodon, Surrey under policy number xxx and that our client is registered for VAT purposes.

 

A copy of this letter is attached, please forward it to your insurers as they will need to see this letter as soon as possible and it may affect your insurance cover an/or the conduct of any subsequent legal proceedings if you do not send this letter to them.

 

At this stage we are not aware of any other potential defendants.

 

Under the personal injuries protocol you or your insurers are obliged to reply to this letter within 21 days.

 

Yours sincerely,

 

Camps Solicitors

Edited by aeloen
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Pass it to your insurers.

 

Seeing as he has "whiplash like injuries" obviously diagnosed by a layman, seeing as they are so slight (read made up) that he did not seek medical assistance I am sure Tesco will tell them exactly where to go.

 

Camps solicitors are ambulance chasers

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Pass the letter straight to your insurers. I can tell you however that as the accident happened 2 years ago, it is EXTREMELY unlikely the whiplash has lasted until now. If he is claiming for whiplash from the accident that has now gone away, there is no proof of the injury has he did not seek medical advice. There will be nothing in his doctors notes, the only possible thing that may suggest an injury is if he took time of work but with nothing else to back up why that will be a pretty weak argument. I'm even surprised any solicitor would have taken to claim on.

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  • 1 year later...

Just to clarify what happened for anyone looking at this thread - we passed the letter to our insurer who told us to disregard it and that they would sort it out.

 

We've had no further follow ups so consider the matter closed.

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