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Absolutely. If they do defend it they'll also likely incur travel and subsistence costs as I'm in Twickenham and they're in Oldham, and my understanding is that court cases invoving individual claimants are scheduled for their local court rather than that of the defendants. -
It's in but there's a way to avoid it. If you use the OCMC system (the new one like this person has used) mediation is still optional -
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By BankFodder · Posted
They will be really stupid to allow this to go to trial and they should probably put their hands up – but frankly I am crossing my fingers that they do go to trial and you get the judgement and you will help us get a transcript to put it up on the forum to add to the others that we have. -
Thanks Bank - that's exactly what I was thinking. Good of them to concede the parcel hadn't been handled appropriately and that it arrived minus its contents, and the oft quoted precedents would appear to scupper their 'claimant didn't take out our additional 'parcel protection' defence. I shall indeed decline the mediation, and pay the additional cost to take the case to a hearing.
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If you are buying a used car – you need to read this survival guide.
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
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Hello,
On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.
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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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