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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

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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.

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      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.

due in court for a van sold months prior please help

whipsey

By whipsey
in DVLA

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whipsey

whipsey

Posted
Posted

i received a letter yesterday with a court date for me to attend regearding a van i sold to my cousin,

 

 

the logbook was sent off to the dvlas address but i cant find the proof of postage.

 

 

To cut a long story short a couple of months after i sorned the van, my cousin purchased it from me

and like a fool left if parked on the road while he was sorting it out for the mot.

 

 

It was clamped and removed and he signed paperwork to release the van to the impound yard,

as he couldnt afford the release fees stating that he was the present owner

and waiting for the log book to arrive.

He has also contacted the dvla to the same effect.

 

Where do i go from here

 

 

my cousin has already agreed to come to court with me and is trying to dig out the paperwork that states he owned it at the time.

 

 

Not really sure what to do as

 

 

ive never had a problem with the dvla before

 

 

any help will be appreciated thanks

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BankFodder

BankFodder

Posted
Posted

I would have thought that you plead NG. You explain what happened. Your cousin puts his hands up and they will have to find you NG.

Meanwhile, your cousin will be lead away screaming ....

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BankFodder

BankFodder

Posted
Posted

Yes - it could get very complicated if he wasn't

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BankFodder

BankFodder

Posted
Posted

Well put it this way, he would be well advised to take a toothbrush, jimjams and arrange for a neighbour to water the plants.

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renegadeimp

renegadeimp

Posted
Posted

Depends what he was accused of.

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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renegadeimp

renegadeimp

Posted
Posted

Then its possible, but usually it incurs penalty points or a non endorsable hefty fine of £1000

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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renegadeimp

renegadeimp

Posted
Posted

Except from the info we have been given. The offense solely relates to tax. Can the OP give us the exact reason for the court appearance?

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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f16

f16

Posted
Posted
Except from the info we have been given. The offense solely relates to tax. Can the OP give us the exact reason for the court appearance?

 

Agreed. .........

But the DVLA will have all the information suggested in post # 11.

 

IF that forms part of their case then I agree with BankFodder. .... He "might" need an overnight bag.

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renegadeimp

renegadeimp

Posted
Posted

They may have the info, but he will only face the charge that was brought against him.

 

However, as you said in post 11 you would be correct. However we need the OP to confirm the exact charge as THAT is what the court will be challenging.

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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BankFodder

BankFodder

Posted
Posted
really hoping your not being serious

 

No I'm not. Sorry. :oops:

 

Please be assured that there is no chance of any kind of custodial sentence. I really didn't expect to be taken seriously.

 

There is even a chance that your cousin will not be summonsed at all - and certainly if he gives evidence for you - nothing will happen on that day. A further decision would have to be made as to whether to prosecute him. He would then receive a summons and eventually a fine.

 

Sorry if I've caused any sleepless nights.

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renegadeimp

renegadeimp

Posted
Posted

Then it will just be points and/or a fine at the discretion of the magistrate. Just be aware that the law has changed and they can impose a non endorsable fine of £1000 if they wish

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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Raykay

Raykay

Posted
Posted

If the summons is for using or keeping an un-licensed vehicle - s, 29 Vehicles & Excise Registration Act 1984, the offence is commited by the the person using or keeping the vehicle, if the court accept that you were not that person, you will be not guilty.

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