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    • Please read the following thread very carefully. It is extremely relevant where you are suing Evri on the basis of a contract which you originally made with Packlink who are domiciled in Spain. A judgement has been obtained and we have applied for transcript and it will be put up on this thread as soon as we receive it probably about the end of July. In the meanwhile, read this thread, see what has been discovered about the Packlink/Evri/customer relationship and look at the witness statement very carefully. It's a long thread but don't give up. Once you have the transcript of the judgement, then I will do a more careful and explanatory post here   https://www.consumeractiongroup.co.uk/topic/459707-evri-lost-my-ebay-parcel-£844-court-claim-issued-judgment/
    • So if the breach occurred say Dec 2017 (first missed payment) and the default notice was issued Sept 2018 and the claim was issued 7th June 24 the claimant will of course be arguing it is within the limitation period (by 3 months)
    • Yep, I would  have brought up the other things like asking for their contract and receiving no response etc. but the mediation phone calls were rather short. Evri just said the contract was not with them (i said 1999 act response etc.) and the goodwill offer thing. Whole process took about 10 minutes in total. Seems like they don't even want to negotate in mediations anymore. "they're only given a certain amount that they can agree to in mediation per day" I mean its hard for me to say if thats the mediator paraphrasing or aa direct quote from evri I will look through that thread and share what I find, also for what its worth I also have everything I made for the previous claim WS and bundles etc. that I can tweak for this parcel, since it did go almost all the way to court and is a virtually identical case. that + this new stuff you shared above should be helpful to me
    • If I haven't referred to it before then please check out this thread another case where the claimant contracted directly with Packlink for a courier delivery service carried out by Evri. Please read this thread very carefully and eventually you will get to a point where the claimant – our OP – discovered some interesting terms and conditions and has referred to them in his case. He incorporated these into his witness statement and was given judgement – not on the basis of rights of third parties but on the basis of direct responsibility. I would suggest that use the witness statement as a model although we will want to see it before you file it off. When you find the particular post with the witness statement, please can you post a link to it here as well as a copy of the witness statement because I don't have the time to look for it at the moment and the thread is rather long. However it is very important to you and you should go through it very carefully indeed. We have applied for a transcript of the judgement and hopefully it will be along in six weeks or so. As soon as we receive it we will make it available on this sub- forum.
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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failure to insure


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Just received £100 penalty from the DVLA for failure to insure.

 

This was the first letter I received although they stated they had written previously.

 

Firstly the car is registered in my daughters name but I drive, tax and, insure the car.

 

I cancelled the insurance because I was going away.

 

The tax was valid and when I arrived back I insured and taxed it again.

 

Then three weeks later my daughter received this penalty notice Stating that the car was not insured although the tax is was valid.

 

Can anyone give me advice please much appreciated.

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if you have a valid insurance policy cert for the time they have fined you

 

send it to them with an appeal.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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sorry I don't seem to have explained myself very well.

 

I cancelled the insurance when I went away,

 

The tax was still valid and the car was parked in the garage.

 

The penalty was for the date I was away.

 

I thought that it wasn't necessary to sorn it because the tax was still in place.

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sorry I don't seem to have explained myself very well.

I cancelled my insurance I went away.

The tax was still valid and the car was parked in the garage.

I thought that it wasn't necessary for the car to be sorn because the tax was still valid.

The penalty letter was for the time I was away.

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ok present them evidence [airline ticket receipts or payments

that you were not in country

 

and relate it was already taxed by kept off road for the period?

 

not sure

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The fact that it was taxed and off the road is irrelevant - the claim is that it was not insured.

 

Correct

A car must be SORN and kept off the road

or

Taxed AND insured

This is not a new rule and has been advertised in tax renewal letter

 

Unfortunately there is no way around this other to pay the fine otherwise it will increase

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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okay silly of me to not realize this we are all not able to catch up on the latest information. They never sent me any previous correspondence which again is my word against theirs, of course I would have rectified it sooner. Now they have issued me with:-

a £100 Penalty charge

may prosecute

vehicle may be clamped and impounded by the DVLA

the police may seize the vehicle

 

What is England coming to, they certainly no how to get you, no mercy for the honest people , try getting the dishonest.

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Thanks for all your comments and help. The DVLA stated on their failure to insure letter that they had previously written to tell you that the Motor Insurance Database was not insured on the 29/11/13. We received no such letter can I appeal on this. If I had received an earlier letter then it could have been rectified.

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the car is very secure it is garaged and where we live is very secure. When I returned just before xmas I taxed,insured the car and transferred the registered keeper back into my name as my daughter was going abroad to work. The registration document as not come back yet.

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