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not really important at this stage, leave your defence generic and as vague as their POC is. your WS is the time to address document irregularity issues if the claim ever gets that far. dx -
Hi Dx, I honestly don't know the answer, may be a year or so ? Can't check back the usage on Freedom Pass. Do they give me a breakdown later?? worry -
agreed. and the letter needs spellchecking !! done it now for you. dx
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By honeybee13 · Posted
Yes, most people here haven't had mitigating circumstances that TfL would believe. HB -
you still have not answered the above. .......................... as for their letter and your reply: the 1st single paragraph detailing why you were reported is the only part specific to you. the rest is the bulk std TfL template letter that everyone gets when reported. 3 does not apply to you anyway as the report is one of detected fraudulent misuse of a freedom pass not in your name, not a case of a pass you held that you could not produce at the time. Email them your begging letter, as their letter states...but lets see it first.
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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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