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    • ACI are part of the Perch Capital group along with TM legal.  
    • Thanks jk2054 - email now sent to OCMC requesting an in person hearing.
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    • Same issue got a fine yesterday for parking in suspended bay which was ending at 6:30 yesterday, next thing I see a fine 15 minutes before it. The sign was obstructed 
    • Hi all, an update on the case as the deadline for filing the WS is tomorrow i.e., 14 days before the hearing date: 7th June. Evri have emailed their WS today to the court and to myself. Attached pdf of their WS - I have redacted personal information and left any redactions/highlights by Evri. In the main: The WS is signed by George Wood. Evri have stated the claim value that I am seeking to recover is £931.79 including £70 court fees, and am putting me to strict proof as to the value of the claim. Evri's have accepted that the parcel is lost but there is no contract between Evri and myself, and that the contract is with myself and Packlink They have provided a copy of the eBay Powered By Packlink Terms and Conditions (T&Cs) to support their argument the contractual relationship is between myself and Packlink, highlighting clause 3a, e, g of these T&Cs. They further highlight clause 14 of the T&Cs which states that Packlink's liability is limited to £25 unless enhanced compensation has been chosen. They have contacted Packlink who informed them that I had been in contact with Packlink and raised a claim with Packlink and the claim had been paid accordingly i.e., £25 in line with the T&Cs and the compensated postage costs of £4.82. They believe this is clear evidence that my contract is with Packlink and should therefore cease the claim against Evri. Evri also cite Clause 23 of the pre-exiting commercial agreement between the Defendant and Packlink, which states:  ‘Contracts (Rights of Third Parties) Act 1999 A person who is not a party to this Agreement shall have no rights under the Contracts (Right of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act.’ This means that the Claimant cannot enforce third party rights under the Contract (Rights of Third Parties) Act 1999 and instead should cease this claim and raise a dispute with the correct party.   Having read Evri's WS and considered the main points above, I have made these observations: Evri have not seen/read my WS (sent by post and by email) as they would have recognised the claim value is over £1000 as it includes court fees, trial fees, postage costs and interests, and there is a complete breakdown of the different costs and evidence. Evri accepts the parcel is lost after it entered their delivery network - again, this is in my WS and is not an issue in dispute. Evri mentions the £25 and £4.82 paid by Packlink - Again, had they read the WS, they would have realised this is not an issue in dispute. Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states:  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency   This supports the view that once a user (i.e, myself) selects a transport agency (i.e Evri) that best suits the user's needs, the user (i.e, myself) enters into a contract with the chosen transport agency (i.e, myself). Therefore, under the T&Cs, there is a contract between myself and Evri. Evri cites their pre-existing agreement with Packlink and that I cannot enforce 3rd party rights under the 1999 Act. Evri has not provided a copy of this contract, and furthermore, my point above explains that the T&Cs clearly explains I have entered into a contract when i chose Evri to deliver my parcel.  As explained in my WS, i am the non-gratuitous beneficiary as my payment for Evri's delivery service through Packlink is the sole reason for the principal contract coming into existence. Clearly Evri have not read by WS as the above is all clearly explained in there.   I am going to respond to Evri's email by stating that I have already sent my WS to them by post/email and attach the email that sent on the weekend to them containing my WS. However, before i do that, If there is anything additional I should further add to the email, please do let me know. Thanks. Evri Witness Statement Redacted v1 compressed.pdf
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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More hassle from me...sorry guys :)


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Hi guys,

 

As many of you who have helped me out will know I am currently going through a disciplinary at work which has been badly handled in my and other peoples opinions. As a result of the disciplinary I am off work sick, however I was also suspended last week and my disciplinary upgraded to the highest level.

 

A link to my old thread is here so you can see the background of the case if you need to:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?275164-Urgent-employment-problem-please-help.&p=3121419&highlight=#post3121419

 

 

Okay, so here's where my new question(s) are and I need some advice.

 

Im off work, suspended- the disciplinary is scheduled for this Thursday and will go ahead without me being there (as advised by my GP) as I do not feel I can attend, or that my presence will make any difference to the outcome. I am expecting to be dismissed.

 

So- the contract I am employed under is due to run out at the end of September. The way the company operates with many members of staff is to keep them on rolling 3 month contracts - it saves on redundancies I presume.

 

As my contract is due to end in less than 2 weeks, I was sure that they had to tell me if it was being renewed or not NOW? Everybody else in the office was told approx. 2 weeks ago that their contracts have been extended...but I have had no news telling me it will or it wont.

 

Due to the disciplinary, and the likelihood of me being dismissed this week- would that have any bearing? Even if it meant I could "leave" without being "fired" that would be a big help...being dismissed will seriously damper my chances of finding another job any time soon...the other members of staff that were dismissed are struggling to get interviews as they were fired for gross misconduct.

 

Please help! Thank you

 

-N

Edited by Nayfeee
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Assuming that your contract contains an end date, then not telling you anything means that it won't be renewed - probably no matter what happens. But I am afraid that leaving before being dismissed won't help now - any reference can say that at the time you left your were pending a disciplinary for gross misconduct (which I assume is what the allegation is) and that is no better than "sacked for gross misconduct" on a reference. I am not going to tell you that this won't dint your chances of employment - that's be silly because it obviously will. But I would suggest that you tell potential employers the truth when asked - express your remorse and regret, and how you have learned your lesson, and being given a chance to show that will make you the best employee they ever had. It has been known to work. Most people try to hide it, and that always gets found out. You may have to move back in your aspirations for a while and take what is out there, or lower grades - but people do recover from being dismissed.

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