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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • iamgnome
      One Parking Solutions Windscreen PCN - private flat bays, share of freehold . - Durrington, West Sussex.

      By iamgnome · Posted

      Thanks @lolerz. I've attached it to the post. What do you think? What's the organ grinder? NTK.pdf
    • BankFodder
      Potential problem with Royal Mail.

      By BankFodder · Posted

      I'm afraid that if the value of the item was under declared then that is probably the best that you can hope for. Also, because the item was incorrectly addressed – even by a single letter, if that because the issue relating to the delivery then that has probably compounded the problem. There is probably very little that can be done. If you are lucky you will get the item back and then you can start again and declare it properly. Undervaluing parcels which are sent by any means is always going to cause a problem if the item is lost or damaged. It may mean that the cost of delivery is slightly less – but at the end of the day the risk becomes yours. When you enter into any kind of contract, effectively you declare it a level of risk to your contracting partner – and they decide to enter into the contract with you based on that level of risk. You have declared a level of risk and £50 – and that's the deal.   Additionally, undervaluing an item which is an internationally has the effect also of evading customs and any VAT system which is in force in that country – and that makes the whole thing a little bit more serious
    • BankFodder
      eBay parcel worth £265, booked via Parcel 2 Go, 'lost' by Evri

      By BankFodder · Posted

      Perfect. Nice and brief and to the point. You don't bother to start telling your life story. Just the way it should be. Send it off. You have probably done enough reading to understand that it won't make any difference don't start drafting your particulars of claim. Open an account with the MoneyClaim County Court system and start preparing. Post your particulars of claim here before you click it off. You may have noticed that at some point you will be asked if you want to go to mediation on this. We used to advise it but now we recommend that you decline mediation and go to trial. Your chances of success are much better than 95%. Going to trial will incur an additional hearing fee but of course you will get that back. However if you go to mediation, they will simply try to penny pinch and to get you to compromise and also they will sign you up to a confidentiality agreement and probably threaten you if you breach it. Not only that, if the mediation fails because you stand your ground, it will add additional delay while they then give you a date to go to trial. The best thing to do is to decline mediation – prepare for court hearing. Pay the extra fee. The chances are that rather than get a judgement against them they will then offer you a full settlement rather than go to court. If they do offer you full settlement then you will be obliged to accept it – but that's what you want. If they don't offer you full settlement then you will go to trial and there will be a judgement against them. Just so that you understand, our first interest is that you get your money back – but a close second is that it does go to trial and there is a judgement which we will then be able to use to help other people. Anyway as you should realise, we will help you all the way.
    • ProperDribbly
      Potential problem with Royal Mail.

      By ProperDribbly · Posted

      I sent a parcel to Singapore but i spelt the address incorrecltly by 1 letter so the parcel couldnt be delivered and was returned back to the Uk but checking the tracking today the parcel had returned to the UK but is somehow on its way back to Singapore as the tracking says "Item leaving the UK"    Ive spoken ( tweeted) Royal Mail help who confirm that the parcel seems to be going back to Singapore and that if its not " Delivered" by the 29th of April theyll deem it as lost and will accept a claim but i cant remeber when booking what the compensation amount was but i dont think it covers the amount of the item.  As it was my fault that it wasnt delivered in the first place can i trey and claim the full amount back ? i think if i remember correctly it was £50 compensation but the item was £170 So the timeline is thus ...   22nd Of March .    Booked via P2G & dropped off a Post Office.  25th March arrives in Singapore and goes through customs ect ect 26th   Incorrect address and item is flagged as "return to sender" 28th Item leaves Overseas intenational processing centre 15th of April , Item is leaving the Uk (Again)   ?    
    • lolerz
      One Parking Solutions Windscreen PCN - private flat bays, share of freehold . - Durrington, West Sussex.

      By lolerz · Posted

      Post the NTK up here for the regulars to double-check. I highly doubt it's compliant with POFA though. Ignore the deforestation that comes unless it's ever a letter of claim. Any luck with the organ grinder?

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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.

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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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Caught driving without a license

fairy87
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fairy87

fairy87

Posted
Posted

Today I was caught driving without a license, the car was seized and

 

I was told by the officer that I would be reported for driving in accordance to my license.

 

My question is when I get my summonds to court can

The court invinvalidate my insurance?

 

Can I only be punished for driving in accordance to my license? I was driving on a previous ban as I tottted up my points before my two years of driving

 

Any advice highly appreciated

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dx100uk

dx100uk

Posted
Posted

so you were driving whilst banned?

 

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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renegadeimp

renegadeimp

Posted
Posted

Your insurance would have been invalidated anyway as you don't have a licence.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Slimm

Slimm

Posted
Posted

It is almost certainly a condition of your insurance that the person driving the vehicle has a current, valid license. If you had an accident they would probably not pay out - not ideal if someone is hurt as the medical costs can be tens of thousands of pounds. I do not believe the court has any power to invalidate your insurance over and above that, but if your insurers do find out about this they will certainly cancel it themselves - I would suggest you do so first so that in the future you don't have to disclose that your insurers cancelled your policy.

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BankFodder

BankFodder

Posted
Posted

I'm trying to see the point of your question. You clearly aren't going to need any insurance for a while because you are going to get a hefty ban. I can imagine that there might even be consideration of a suspended sentence.

 

If you are asking because you want to get a refund for any unused insurance period - then yes, I would expect that this would be possible.

 

As for hiding it all from future insurers - that would also risk invalidating any future insurance policy so that once again, you would be putting innocent people at risk in the event of an accident.

Time to come clean and to go straight, maybe?

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Raykay

Raykay

Posted
Posted

 

 

 

Can I only be punished for driving in accordance to my license? I was driving on a previous ban as I tottted up my points before my two years of driving

 

Any advice highly appreciated

 

Were you disqualified by a court, or was your licence revoked by the DVLA?

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Nimrod205

Nimrod205

Posted
Posted

Reading between the lines of the the first post; it appears that fairy87 had his/her licence "revoked" by the DVLA for accruing 6 points (or more) during the 2 years following his/her first test. He/she lost the entitlement to drive and was not in possession of a driving licence of any kind.

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Raykay

Raykay

Posted
Posted

That is what I was trying to find out - disqualified or revoked. Most insurance policies have wording similar to 'Holds, or has held and not disqualified from holding, a licence'. Revocation of a licence is not a disqualification and so if it was a revocation and that is on the OPs insurance documents, the insurance could be valid.

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renegadeimp

renegadeimp

Posted
Posted

I though the licence was fully revoked if they got the points in the first 2 years?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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citizenkain

citizenkain

Posted
Posted

yeah,how were they insured though?,strange why you would bother with insurance when you had no licence anyway?,lol,this person must have lost their licence and not told the insurance company,Im sure they should have told the insurance company,duty of disclosure clause? Im sure the insurance company only insure people that are driving with some kind of licence.

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Raykay

Raykay

Posted
Posted
Im sure the insurance company only insure people that are driving with some kind of licence.

 

 

Most have the wording similar to 'Holds, or has held and not disqualified from holding, a licence'. The OP has held a licence, if it was a revocation rather than a disqualification, and that wording is on their policy, the insurance could be valid.

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2ltr16valve

2ltr16valve

Posted
Posted

Driving otherwise in accordance with license is usually driving on a provisional license without a fully qualified driver with you.

That would be points I think 3-6 points

 

LC20

Driving otherwise than in accordance with a licence

3 to 6 points.

 

As above. If it's within 2 years and you get 6 points you get your license revoked and you have to start all over again.

 

If the op did not hold a license due to already being banned I would have thought it would have been a night in the cells and court the next day or few days depending on when.

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Raykay

Raykay

Posted
Posted

If the op did not hold a license due to already being banned I would have thought it would have been a night in the cells and court the next day or few days depending on when.

 

 

 

Or reported for driving whilst disqualified, rather than not in accordance with a licence.

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leigh04

leigh04

Posted
Posted

Please also bare in mind that soon when getting car insurance in the near future you will have to give your driving licence number over and it will be checked to make sure you have been honest ie you state no points but have points or you have not been disqualified when you have etc etc.

Insurance companies will be checking on what information you supply is correct from summer 2014.

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renegadeimp

renegadeimp

Posted
Posted

Thats insurance for you. Thats why there are so many pop up insurers, especially for vehicles.

 

But we're getting off topic to the thread. The OP has commited a crime, has admitted it, and is now asking for advice on one specific thing.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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citizenkain

citizenkain

Posted
Posted

well,the op was found to be driving with no licence,i assume the police took his car cos he had no licence and his insurance would have been invalid,hes asking if the court could invalidate his insurance?,I think hes probably already done that himself? whatever way it works out the op is gonna be way out of pocket!

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Raykay

Raykay

Posted
Posted
his insurance would have been invalid

 

 

It could depend on whether the OP was disqualified, or had his licence revoked.

 

 

Until the OP replies, we won't know.

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dx100uk

dx100uk

Posted
Posted

well the OP has read the thread tonight but not responded

 

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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Bandit127

Bandit127

Posted
Posted
well the OP has read the thread tonight but not responded

dx

That is probably because we haven't answered his question. Just spent the whole thread so far holding his feet in the fire...

 

<...>My question is when I get my summonds to court can

The court invinvalidate my insurance?<...>

 

A long time ago I knew some people who went to court for driving without a license. In those days the court would not prosecute for no insurance if you had it. The fact that you might have invalidated it by breaking one of the conditions of cover was not relevant to the court.

 

You have also only been reported for the lack of a license.

 

I suspect then that you will not be done for no insurance. But I might seek the advice of a solicitor if I was that concerned.

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BankFodder

BankFodder

Posted
Posted

Tougher sentences for banned drivers who cause death on the roads and a new offence of causing serious injury while disqualified are to be introduced.

A disqualified driver who causes death will face a prison sentence of up to 10 years, instead of two years, and the new crime will carry a four-year term.

The government said it was bringing in the changes after listening to concerns raised by victims' families.

The changes are expected to come into force in early 2015.

Justice Secretary Chris Grayling said he also intended to launch a review of driving offences and penalties to ensure people who put people's lives at risk were punished properly.

This will include those offences caused by uninsured and unlicensed drivers.

 

 

http://www.bbc.com/news/uk-27285078

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mch1991

mch1991

Posted
Posted

Well, the op's car would have been seized under s.165a of the Road Traffic Act 1988 for using a motor vehicle on a public highway without holding a valid driving license and/or a valid insurance policy covering at least third party risk.

 

It seems the op has stated they've been reported for driving otherwise in accordance of a license, which generally would carry 3 penalty points and a small fine imposed by the court, not a serious offence at all, however the invalid insurance factor is what can make it a more serious offence.

 

I'm assuming the op had a full driving license, which was subsequently lost, and drove whilst on a provisional driving license after reapplying for it after the driving ban was finished.

 

There really is no defence to the above offence, as either you had the correct driving license or you didn't.

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