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That's fine. The important thing is to show Kev you're trouble and so best to drop you like a hot potato. Invest in a 2nd class stamp tomorrow - all Kev is worth - and get a free Certificate of Posting from the post office. -
By Man in the middle · Posted
Do not under any circumstances plead guilty until we know what we are dealing with. It's a sure way to 9 points. The tried and tested way to handle this is to plead not guilty to both charges and offer to plead guilty to speeding provided the "Fail to give information" charge is dropped. But I am concerned about this "ticket refused" sticker. I've never heard of this before. A "ticket" is not a term used in connection with speeding offences. There seems a distinct possibility that your response was received by the police but one thing worries me: I've never heard of a sticker being placed on a response and it being returned "Return to Sender". t's just not what ticket offices do. If you could post a picture of this document and the sticker it might help. If you can show the response was received you may have a defence to the "Fail to Provide" charge (provided you completed your response properly). If the police are saying you did not respond they cannot succeed with a speeding charge (as they have no evidence you were driving). But if you did not respond, who put the sticker on the document and sent it back yo you? -
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By mystic_bertie · Posted
lolerz, many thanks for your reply and correcting my big mistake, oh dear start again. They sent the section 48 along with the Form NO 6A, it was sitting on top of the paperwork, sorry about that. SO they have sent me a Form No 6A and i have received the court paperwork with the claim form and defence paperwork. -
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Hi, below is a draft of the letter Address: Hugo Martin Director of Legal and Company Secretary EVRi Parcelnet Ltd trading as Evri CAPITOL HOUSE, 1, CAPITOL CLOSE LEEDS LS27 0WH REQUEST OF CONTRACTS Dear Sir/Madam, I am writing in regards to the ongoing small claims case ____. In your Defendant’s response you make reference to a pre-existing commercial agreement between yourselves and Packlink (2.7). In that, you claim to have a clause removing customers third party rights under the Contract (Rights of Third Parties) Act 1999. I would like to request a copy of this contract and confirmation of the date on which the exclusion of third party rights term was included in it. If you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. I also notice that you have destroyed tracking information due to "lapse of time" in line with your data protection policy (2.12). Can you share where this data protection policy is disclosed to customers? I also ask you to forward you a copy of that data protectiono policy, and again if you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. Kind regards,
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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.
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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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