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Its just a case against a parcel delivery firm where parcel lost and a judge didnt agree that they were liable for more then insurance ws. However my question is more about what the wording on the points of the order says which I copied above -
By honeybee13 · Posted
Hi. I think we may need to know more about what has happened so far please, if you're able to tell us. HB -
By occysrazor · Posted
hi all, any feedback on the WS / bundle and the packlink invoice would be appreciated - they are attached in post #214 above. If no further amends are needed, please let me know. For reference, the date for filing the bundle is 24th May at the latest - this is 14 days before the hearing date of 7th June. -
Hello, I'm wondering if someone can advise me on something. I'm appealing an order and have been asked to submit an appeal bundle and the below points are required to be included: 1) transcript of the judgment of the lower court on other record of reasons. 2) Statement of case. I'm wondering if anyone knows that "on other record of reasons" means. Also for statement of case would it just be a long document covering the reason for the claim, the findings of the lower court, why it was wrong and what I seek instead? Thanks,
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Hello, Thanks for the advice. I asserted my rights to reject and they accepted it and said they will refund me the full amount. My question now is how long do they usually take to collect the vehicle? I've made it clear that I'm available for them to collect it whenever and I've been told its been passed on to the collections team. I chased it up today as its also raining heavily at the moment. I just wondered if anyone had any experience on how long they usually take to collect? I'd obviously like it collected as soon as possible as I need to purchase another car. Is it likely they will drag on the process of collection and what can I do if they do? Thanks!
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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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