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The Letter of Claim information is not absolutely essential, but it would be useful for two reasons. Firstly, judges take a dim view of companies or individuals who rush to court without giving the other party notice and a chance to settle - the Letter of Claim. If they didn't send it we could include this point in your defence and it would be detrimental to them. Secondly, we know Countrywide. They are a very small cowboy company. The are reluctant to do court, simply becasue they are very bad at it. Their record of beating Caggers in front of a judge is exactly 0%. They have lost every time. They send the Letter of Claim also to look for people who don't reply, thinking that the person might not reply to a claim form either, giving them an easy default win. Conclusion - always best to reply to a Letter of Claim and ridicule the PPC's case. -
Any update here? I ask as we have someone in a similar situation.
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By belleofstmark · Posted
It's possible. I suffer from ADHD and also anxiety and depression currently and struggle with paperwork. I'll have a search around to see if i can find anything. If they did send something I haven't replied. I thought there's no way that they will pursue this because I know for a fact i didn't park in a private space and the evidence they have sent is so ridiculous. What impact does this other paperwork have? Thanks! I already sent the acknowledgement as i panicked and thought today was the last day to respond. Then i remembered this wonderful forum. I'll follow the steps in the sticky next. -
The particulars of claim doesn’t mention statement of accounts. Should I include that in the cpr letter? -
This vile company is well known to us. Are you sure they didn't send you a Letter of Claim about a month ago?
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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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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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