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    • when is your mediation? honestly I don't think that the ups case is much use actually because it concerns third party rights BUT  as we know now the contract for packlink is direct and there are no third parties rights at all so you don't need it, and frankly the really helpful one will be from @occysrazor case but I don't know if they have it. expect evris mediation to be a complete fail yes
    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
    • Hi, From everything I've read about how EVRi handle mediation, and given I intend not to budge on my position, I am preparing for court. Having read the the full WS and court bundl @occysrazor kindly supplied, I am wondering what value adding the Jamie Bradbury v UPS Limited has?  Obviously this case was lost by the claimant and the ruling clearly goes against the Farooq case and more recently @occysrazor's.  Is the case to include it simply to showcase my argument as being well rounded? Interested in your opinions. Many thanks, Sam 
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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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Ukpc - ticket on floor


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Hi everyone, my girlfriend has recently received a ticket on her windscreen from UKPC. She parks in a privately owned car park every day for work which she pays for monthly and has a little card with her reg on to display on he dashboard. When she saw the ticked she has realised that her card had blown off the dash onto the floor.

 

All advise will be much appreciated.

Kind regards

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She's paid for the parking, so there is no loss to the company or the land owner. Defiantly won't have to pay this one.

 

She will need to appeal the invoice as the owner (and not the driver), and say that the parking was already paid for thus no loss of earnings to the parking company or the land owner. Demand a full breakdown of the pre-estimate of loss. Add to the appeal, "If you decide to reject this appeal, send me a valid POPLA code so I can appeal further".

 

Either they will reject your appeal with a POPLA code, which you can appeal with to POPLA and state that you already paid the parking fee's, and havn't been provided with a pre-estimate of loss. POPLA most likely will accept the appeal here.

 

OR they will see sense and realise that it's not worth them paying £27 to give you a POPLA code that they will loose the appeal with anyway.

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They will try and claim that it is a breach of conditions but there is no substance as there is no need to display anything to show a right to be there. Wait for a notice to keeper to come through the post, which has to be between 28 and 56 days after the screen ticket. If that letter arrives then you appeal by telling them that the permit is for the convenience of telling who is and isnt supposed to be there and that as she has a right to park their claim is not applicable as no contract can be formed that is contrary to her right to park there and they should desist their pursuit of the claim or risk a claim of harassment against them. She can then include details of her permit if she wishes.

This is one of those cases that should never get to POPLA as the parking co dont have a leg to stand on but they may well try it on.

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Hi, thanks for the prompt response.

 

I thought it would surely be better to appeal prior to the 28 days and get it over with than drag it out or is it possible for me to shoot myself in the foot by contacting them?

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Up to you but I would avoid saying that you (or anyone else) were the driver but refer to the owner/keeper of the vehicle and address them in that capacity. I wouldnt appeal to them at this stage but you(gf) can simply state that she is the occupier of that land and that nothing in law allows them to make a claim that interferes with the enjoyment of the rights that she has and any permit is for convenience rather than a contractual matter. Therefore no payment will be made as no contract can be formed between UKPC and herself and so no breach can ever occur and any further attempt at collecting money will result in legal action being taken for harassment.

If they write and say they do have a contract then they will be causing themselves trouble as your g/f can then demand sight of any contract between herself as the occupier of that land and UKPC or any other contract that interferes with her rights. They probably wont seem to understand at first but in reality they will do and say anything to get some money.

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Hi, thanks for the prompt response.

 

I thought it would surely be better to appeal prior to the 28 days and get it over with than drag it out or is it possible for me to shoot myself in the foot by contacting them?

hi welcome to cag.

you came here for advice and the advice given is poss the best you can get,its up to you but I would go along with the advice given from a respected well known cagger.

have a nice day. good luck.

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