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Hi guys, After the 14 days extension as expected received a response that Evri has rejected the claim I'm attaching their defence. How does it read? From what I can tell it looks very similar to their 1st parcel defence last year, except from what I notice instead of accepting the parcel is lost they are saying they don't know as it's been over a year so they dont keep tracking records that far. Pretty scummy for them to do that since Judy Cobett is well aware from our emails that they did lose this parcel and the reason why it's been over a year is because I waited until they settled and paid on the first parcel before starting this claim on the second. Anyway, I have all the emails and postage evidence if they wierdly want to use that as an angle? The other difference is this mammoth list of dates they can't attend. Last time the list was 14 dates. I have until June 10th to respond Thanks again, claim-response.pdf -
where's the PCN? dx -
wheres page 2 and the copy of the hire agreement they must also send? please take the trouble to NAME your uploads too, just like i have now.
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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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