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    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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    • Hi Guys, well a year on and my friend has just received this in the post today, obviously a little scared so looking for more of your advice.  Letter from the NCC dated 1-May-2024 is as follows.......   Before deputy district judge Haythorne sitting at the national business centre, 4th floor st Kathrine's house Northampton Upon reading an application from the claimant  it is ordered that  1. The claim be sent to the county court at #### (Friends local Court) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.  If the application is one which requires a hearing, and a) the party making the application is the defendant: and b) the defendant is an individual, then upon filing of the application the claim will be transferred to the defendants home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court.    As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) 
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hit.. stopped.. ran!


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yesterday, I spent most of the evening driving around to catch more info about the guy and filing a police report

 

I got hit by a lorry... he drove off..

i followed and parked in front of him alerting him he had hit me.

. he pulled over, started to get aggressive, wouldnt exchange details, swore a lot and so i backed off for my own safety.

 

I took a photo of his truck and my damage and went to the police.

 

I filed the report - but they will only help if the insurance company need the info - the damage isnt worth my excess

 

I have the drivers partial reg, the company details name and address of the company.

 

Can i send them an invoice stating it would be quicker than going to court?

 

At the end of the day he hit and drove off... in a company lorry, which is silly because I can always track them down. They're scaffolding people working on the building a lane before where i got hit

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well, the police should have taken more details for teh fsilure to stop and report and threatening behaviour but I suspect that as you were on your own it would get nowhere with your word against theirs.

Best get the CAD number and then tell the company that you are after their paying up for the damage.

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Leaving the scene of a rta without exchanging details it's a criminal offence I think.

You should have called the police there and then.

Now as Eric said, it's your word against theirs so the only solution is to write to the company and hope they cough up

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Yep, called the police straight away. They told me to go to the police station and fill out a form, which I did.

3 witnesses, so not entirely my word against theres, why should they get the upper hand of innocent unless proven when they stopped and the accident was seen by 3 pairs of eyes

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Yep, called the police straight away. They told me to go to the police station and fill out a form, which I did.

 

3 witnesses, so not entirely my word against theres, why should they get the upper hand of innocent unless proven when they stopped and the accident was seen by 3 pairs of eyes

 

 

 

WHAAAAAAAAT!?!?!?!?!

 

They told you to go to the police station and fill a form?

What about getting a local panda to get the offender?

I would complain to the ipcc pointing out that if someone left a rta involving them, there must be a reason; I.e. No licence, drink driving, no insurance, dangerous vehicle, drugs or arms on board etc.

The answer they gave you is unacceptable.

The fact you have independent witnesses is good news.

After you sort things out with the insurance go back to the police station and at all costs press charges

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  • 2 weeks later...

 

 

 

WHAAAAAAAAT!?!?!?!?!

 

They told you to go to the police station and fill a form?

What about getting a local panda to get the offender?

I would complain to the ipcc pointing out that if someone left a rta involving them, there must be a reason; I.e. No licence, drink driving, no insurance, dangerous vehicle, drugs or arms on board etc.

The answer they gave you is unacceptable.

The fact you have independent witnesses is good news.

After you sort things out with the insurance go back to the police station and at all costs press charges

 

And they would have turned up, if i was injured - i wasnt - and so they said its a failure to stop offence which is done via admin and insurance channels

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  • 2 months later...

Ok so frustratingly the company i THOUGHT it was, have confirmed its not their company. The one i now THINK it is asking more questions about me before confirming ownership. Next point of call? I dont want to go through my insurer as the excess outweighs the cost. Im thinking DVLA v888 form then send a letter -i just want to keep my identity safe as the guy was a right yobo

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Do I demand they pay cash or can i get the cash off their insurer? Or is insurance just insurer to insurer?

 

I got hit a few years back by a newly qualified driver - Sent her a short letter stating that I held her liable for damages and required details of her insurers within fourteen days. Three weeks later, I issued a writ via the small claims court for the cost of repairs as I had not received a response. Exchanged a couple of letters with solicitors (presumably acting on behalf of her insurer), and they paid up in full. Notified my insurance company that I had made a claim and it had been settled in full.

 

You can make a claim against the driver without involving your insurer, but at some point, he will find out who you are. If he comes knocking at your door making threats, call the police immediately.

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