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OK. It was worth a try. Their case is still pants and they have broken their own Code of Practice numerous times. -
By purple_rain · Posted
@BankFodder sorry for the delay and thank you for the lengthy reply. Yes, I agree. It's a small business and the guy is very very decent. I know someone else said my priority shouldn't be worrying whether he gets shafted but I'm not here to try and screw him over because I feel like if someone behaves decently and gets exploited, they might not behave so kindly in the future. I know DX mentioned he thinks I've caused the issue by leaving multiple instructions, but I have already explained why and both instructions were to leave it with a neighbour and there was nothing advising the driver to abandon the parcel on my doorstep. I don't think leaving it there could be considered a safe place. I am still waiting on the retailer to respond. Ultimately, I wanted to know how he would proceed if DPD's response isn't favourable. I am certainly not looking to cause any problems. I just want my laptop. I will read the other posts for sure. I've been a bit preoccupied with family stuff. I have nothing in writing from DPD as I phoned them, but they did advise it should be the retailer that liaises with them. I tried contacting the driver straight after deliver via Whatsapp, as that's an option, but it said I couldn't send him a message and I have kept that log. We all know who took the parcel on our street, because that person has a history of parcel theft, but I don't have a doorbell camera or cctv. Police are refusing to intervene, despite the fact that I, along with several other people, spotted another's neighbour's parcel in said "suspect's" car and confronted her to get the parcel back. If the police had acted sooner, I might have had a better chance of getting the parcel back, but I suspect the laptop has long been sold on. When the retailer responds, I will send him the link to this thread. Hopefully, he will benefit from the information on here as well. -
By purple_rain · Posted
@dx100uk none of the instructions advised them to leave the parcel on my door step and without such instructions., I'm struggling to see why they think it's ok to just dump it there. -
I have checked. No recording was triggered by the camera - I don't have loop recording, only proximity and vibration sensor triggered recording - abs and since he took photos from afar and did not physically touch my car - no recording was done. -
By peterrabbit2020 · Posted
He also useing he girlfriend to phone and mesage people as well
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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.
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OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Shop Direct/Lowells no CCA Account closed **WON**
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