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By Sarahswoes · Posted
Thanks for clarifying that DX! I deferred last in 2015. I will upload the defence pdf shortly. -
They think they're being clever by making motorists pay £100 instead of £60 with their sordid little scam. The problem for them is that people like you, who quite rightly have decided to pay £0, easily have the upper hand legally and would hammer them if they were daft enough to do court. To the list of their disasters we can add mitigation. The only way their attendant could have been afraid that you might beat him up 😉 is if you were nearby. In that case the attendant should have mitigated the loss by telling you either to display your permit or move to another part of the car park. -
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thread title updated. you are not filing a defence you are filing a statement is opposition to the N244 set aside. when did you last successfully defer please? if you have never deferred since sale to erudios in 2013 the debt is statute barred, bar their fake/late dn sent i bet in 2016? and what defence did you originally file please. ideally we need the FULL n244 inc scanned up to one mass pdf, (we dont need statements) read our upload guide carefully please dx
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By Sarahswoes · Posted
Thanks for the welcome honeybee! Grateful to have found this place! Just busy reading other excellent threads!
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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.
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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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