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By lookinforinfo · Posted
Thank you for posting an unredacted copy of the NTH. I guess that it wasn't you who redacted the contract though both look similarly redacted. The contract has not been issued correctly since the signatories have been redacted and it doesn't appear to name them or give their positions in their respective companies. Nor have their signatures been countersigned by independent witnesses. And No Stopping/No Waiting cannot offer a contract so no breach has occurred. You only stayed for a minute according to them? I assume they with the sar you also received the copy of original PCN sne to Arval. So could you please post that one up too. -
China is Tesla's second-biggest market but the company has not enabled autonomous driving in the country.View the full article -
Is there anything else I need to do on this at this time, they've responded to my CPR 31.14 that I've uploaded here, logged into the bulk court website with the intention to defend all, so what happens next? Regards -
"You have made so much extra work for yourself in your WS if they decide to push their luck.though." Sorry what's this WS referring to? Also who's Alliance? The PPC is NPE. Lookingforinfo you said I had an ironclad case without the documents. I just sent an SAR that they initially ignored (before I was in contact with you guys foolishly on this one). After ignoring my SAR in Dec they made another request for payment in March so I threatened them with the ICO for the GDPR breach re the SAR. I'll take the time to put all their letters & my letters in chronological order today so you can see how it's progressed. I'm pretty sure I've uploaded them all though although not all together in one flow, I'll do that later Regards
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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.
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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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