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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.

      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.

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      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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Is this considered Discrimination


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Hi,

 

My son who has special needs and a statement has been denied some of his school options due to the school saying he will not acheive good grades. They would not say this to an average/above average student, and even if they did they should not, it it a bit like saying to a blind person, because you can not see what the teacher is writing/drawing on the board, we will not allow you to to be educated in what you want to , even though a reasonable adjustment would be to provide the books in braile. In my sons case they are not offering him the additional support as per his statement, or asking for more should he need it, but saying he should not do the course. Please note they have consistantly maintained that my son has been doing well for 3 years...untill now.

 

Many thanks

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Is that the exact reason they gave you? "he will not achieve good grades" ?

 

I know nothing about the legalities of this or the legal obligations but to me that sounds completely wrong.

I'll flag this up for one of the site team that I am sure will be able to help.

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Hi,

 

the words are he will struggle to attain 10 good passes, (he only has 9) and the management team have decided he will take xxxxxx instead (no consultation by the way) thereby giving him a better chance of obtaining at least 8 good GCSE passes...Charming! good to see they are confident in him, and their teaching!!

Edited by hoxtonlady
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They have not given a reason other than he will struggle, which is funny as in his report they have said he is ok in the subjects they are refusing him, and have never hinted as his "struggle" with GCSE's in the past

 

While I agree to a certain extent that he will struggle, this will only be the case if he does not have any support. He has a statment, therefore the school should be looking at more support or using what he has in a better way, rather than simply saying he can not be allowed to do the courses of choice. The school have not said he can not do xxx course so he can concentrate on the core, they have said they will replace it with a life skills type course that will also require less time that they will need to spend with him and that my son has no interest in. I can not see the sense in that.

 

I think the question needs to be asked, why does it have to be good grades and what do they consider good grade, what have they been doing with his funding, allocated support hours, etc..that has caused this? While I do not think there is not a parent on earth that would not want their child to receive straight A's,but there needs to be a certain element of realistic expectation and allowance. My son should have the right to do the course that he wants to do to the best of his ability and if that produces a D or E then so be it, it certainly should not be based on what will produce the rest results for the school.

 

Why is my son being denied this beacuse they do not want to support him, his needs are not such that no matter what he will consistantly produce F's or U's and with the right support he can produce average (so C's and D's) results, so with this in mind I can not see how they can justify it...so wrong on so many levels

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have you talked to the LEA regarding lack of support? A statement of SEN is a legally binding document. They can't just choose not to follow it.

 

You would be surprised what they have done or in my sons case not done, and yes they have simply choosen to not follow it, we are going to court soon about the statement and the LEA's shenanigans, but this particular issue is directly with the school and all the other issues I am having are with the LEA (although the school are the main stressor in all this)

 

I could fully understand if over the years they HAVE been supporting him and tried all they could and from this they have realised that he would struggle, but they have not and to cover up their failings they are now saying my son can not do the courses he wants because he will not achieve good grades...And why exactly in the 2.5 years he has been at your school, has he not reached a standard that will allow him to do all the courses he wants when at primary school he achieved average grades and scored above the teacher predictions

 

The LEA are fully aware to what is going on, but will not admit to it as then they know I have then got them by the short and curlies, as they will have to fork out shed loads of money and there will be many a question asked about where funding for certain provisions, ect.. has vanished to (although that one I am persuing anyway so will come to light no matter what)

 

I have to laugh otherwise I will cry when I think about it, LOL

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If you aren't happy with the responses from the school or LEA, try your local councillor.

 

I have to say that my daughter was struggling with the demands of her GCSEs and was advised to take less - which she did. It took a lot of the stress out of a tough time and she still got into university later, and giving up RE and German hasn't held her back.

 

How does your son feel about it?

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Assisted blonde. No, for instance in PE which is one of the ones he is forced to drop he scored better in than one of the subjects they are saying he must do. I could understand if they were saying he should simply do less, but they are saying he should do less gcse and replace with another type of life skills course that will still require support???

 

My son is not happy about it as he woould like to join eitehr the police force or the firefighting both of which would benefit from PE, History he likes and is good at and knows he would like to study but more as an interst rather than for any use in his career so the schools logice is senseless, but I know they are doing this due to an appeal I have going and trying to put themselves in the best position.

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  • 3 months later...

I have no idea if you have managed to find a a solution to this problem. I so hope you do

 

I was in a similar situation a few years back. I have a partially sighted son and his school wanted him to drop his GCSEs altogether saying that it was highly unlikely that he would pass any. I told them that he was partially sighted not stupid and he is perfectly capable of not only taking his exams but passing them too. They just looked at me like I was mad!

In the end they agreed to let him take them. It was a very proud day the day he found out he had passed them all. It was and even prouder day the day he visited the school again with his degree from university in his hand.

Only you truly know what your child is capable of. Fight for what you believe he can achieve!

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I have no idea if you have managed to find a a solution to this problem. I so hope you do

 

I was in a similar situation a few years back. I have a partially sighted son and his school wanted him to drop his GCSEs altogether saying that it was highly unlikely that he would pass any. I told them that he was partially sighted not stupid and he is perfectly capable of not only taking his exams but passing them too. They just looked at me like I was mad!

 

I'm partially sighted and have had similar responses from the so-called disability support. I have a lower level qualification in the same subject and had no issues at all.

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