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    • You can easily argue your case with no sign on the nearest parking sign
    • 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
    • Thank you. I will get on to the SAR request. I am not sure now who the DCA are - I have a feeling it might be the ACI group but will try to pull back the letter they wrote from her to see and update with that once I have it. She queried it initially with 118 118 when she received the default notice I think. Thanks again - your help and support is much appreciated and I will talk to her about stopping her payments at the weekend.
    • you should email contact OCMC immediately and say you want an in person hearing.   stupid to not
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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.

      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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Mobile Mechanic - have Judgment, what next?


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After a recent clutch failure I engaged the services of a local Mobile Mechanic. The guy seemed reasonable on the phone, came round, inspected the vehicle and left a quotation. Whilst not excessively cheaper it did save the recovery costs so I gave him the go ahead. He had quoted for 4 hours labour and it was agreed that I would leave a cheque for him.

 

On the day in question I went to work and expecting to hear from him on completion around lunchtime was dismayed to arrive home to find a pile of parts in the front footwell of the car and no completed repair. Needless to say the cheque had gone. I phoned him to be told that he had been supplied the wrong part and he would be back the next day.

He was and was there the whole day....at the end of it he said job was done, new clutch master cylinder fitted. But the brake lights no longer fitted, reservoir cap was not in place, steering column was 90 degrees out and there was brake fluid all over the engine.

I voiced my disatisfaction. The cap was found and refitted, the brake light switch readjusted and the steering colum was realighmed by whipping off the steering wheel, including airbags. When all was restored I was now left with an airbag warning light. That night I checked my account and the cheque had already cleared.

 

Ipointed this out and he undertook to return the next day to reset it. The next day he did not and the clutch also failed again... he came back on the Friday rebled the clutch but could not reset the airbag. He disappeared and has not been back despite a number of letters.

 

I subsequently had the ECU tested and it was blown. To sort it out was quoted at just under £200 which I requested in a letter from him/or that he make good the damages. All correspondence was either returned or ignored.

 

I have since applied on-line for a small claims judgement. This was lodged with MCOL and the site now says that a default judgement has been issued.

 

Will I receive this judgement in the post, what do I do with it. It seems that if I want it enforced it will cost another £100 with no guarantee that the money will be received and half will be lost in enforcing it......

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There is no guarantee you will get anything out of this.

 

One option would be county court bailiffs. As you paid by cheque, you should be able to work out who this guy banks with and could perhaps enforce against his bank account with a third party debt order - see http://www.moneyclaimsuk.co.uk/PDFForms/EX325.pdf

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