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    • The defendant in this case is Parcel2Go.com Limited The claimant sent a parcel using Parcel2Go Ltd as a broker and Evri as the shipper via the Defendant's service containing which contained two handmade bespoke wedding trays to a customer with  under  tracking number P2Gxxxxxxxx. The parcel was never delivered although the defendant stated that three attempts had been made to deliver the parcel.  The claimants customer waited in for four days to receive the delivery but no delivery was attempted. There was no communication with the claimants customer.  Despite many web chats and emails the parcel was not delivered and on the Parcel2Go website it stated that the customer had refused delivery. This was not true as no delivery had been attempted.  I was The Defendant informed me that the parcel was being returned to me but after waiting three weeks I was informed by the courier that the parcel was lost. I was offered compensation of £20 + shipping fee which I refused and after sending Parcel2Go a Letter of claim this was increased to £75 which I also refused. The Claimant did not purchase the Defendant's insurance policy as requiring people to pay extra for rights already guaranteed under the consumer rights act 2015 is contrary to section 57 and 72 and therefore unenforceable. The Claimant rejected the Defendant's standard compensation offer. It is clear that the defendant is responsible for the loss of the parcel as they did not act with reasonable care and skill when handling the claimants parcel, contrary to section 49 of the Consumer Rights Act 2015.   By failing to ensure the safe delivery of the Claimant's parcel the Defendant breached section 49 of the CRA 2015.   AND THE CLAIMANT CLAIMS £370.00 being the value of the lost goods £xx.xx being the price of shipping and interest pursuant to s69 cca 1984.   See what BF thinks but I think something like this is better. Remember you are suing P2G not evri.
    • I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
    • Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner.  I'll revisit this post if/when I get a letter of claim.  F**k ém.
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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.

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Car mechanic problems!


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OK will do. thanks for the info. I really hoped this whole saga was over-clearly he just doesn't want to make it easy for me.do you know how long this sort of thing takes at all?

 

that letter already advises on the process.

We could do with some help from you.

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Varies depends on the the courts workload...you cant do anything until you receive the Notice of Allocation/Directions.

We could do with some help from you.

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Received the appeal notice with the defendant notes about why he is appealing.

 

Some interesting points in there regarding the sloppy court procedures which may be valid,

 

I have no idea. within it he says I sued the wrong entity

i.e. I should have sued him personally and not his Ltd co.

 

Although the invoice was from a Ltd co!!!

So clearly some fraud here!

 

On his website he quotes his Ltd co name.

To me, he has dig his own grave here but I don't know I guess.

 

Can someone please take a look at the docs I've been sent please?

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Yes when you upload them..remove any identifiable data first.

We could do with some help from you.

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Yes when you upload them..remove any identifiable data first.

 

would it possible to send it directly to you? I am not sure it will be easy to follow if I remove certain details like company and individuals names.

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Im sure I will decipher without a few names showing...post here please,

We could do with some help from you.

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please see attached,

got it to work

most of what he says in the doc is lies.

 

I will work on a response tonight and send it to the judge.

 

in addition,

I think he is admitting fraud by saying that the ltd co he supplied me an invoice from is actually dormant.

 

Just realised something

the invoice DOES NOT have the ltd co on it.

It has the trading name,

 

I think I assumed he was trading using his ltd co and using a trading name rather than him being a sole trader and then having a trading name on top.

 

I think I assumed this because on his website,

his ltd co name is mentioned quite a few times.

 

it gives the impression that he has a ltd co and trades using the trading name.

this must have been where the confusion came from.

 

he did not, at any point during the trial to the judge in the way that he says in his appeal doc.

he mentioned he was a sole trader though.

 

the judge thought the invoice came from the ltd co.

it appears that confusion in this area has been created on purpose.

 

in addition

, I have found two different trading names.

one of the names is xxx auto services,

the other is xxxx performance engineering which happens to be the ltd co name i.e. xxxx performance engineering ltd.

Appeal edited for CAG.pdf

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your judgement amounts to nothing.

 

I am surprised he is appealing given that the ccj is on a dormant company.

 

Your position now could well be back to square one and start again with a fresh claim in the correct name

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im sure more light will be shed during the appeal process

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It means exactly what it states,

as the procedures progress,

more light will be shed on why hes appealing if its a dormant ltd company

, nothing more, nothing less.

 

I cant see anywhere from that where you may have come to your assumption!

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  • 2 weeks later...

Appeal was denied. Judgement stands.

 

Can I report him to someone given that he displays his Ltd company name all over his website even though it's dormant. Clearly he is trying to trick people here. Isn't this some type of fraud?

 

trading standards?

 

help??

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He hasnt paid. And may not pay.

 

And perhaps not given the amount of time he has wasted.

 

update.... called the courts and they said that I can send the judge a letter asking him to "vary the order" based on the fact that I was tricked/duped into suing the wrong entity.

 

Anyone heard of this?

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Have a read of https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19#I

 

You may need to make a formal application on court form N244 for the new defendant to be substituted for the original defendant, referring to CPR 19.2. You would need to demonstrate a good reason for doing this, and the new defendant will probably also be given a chance to defend itself/himself (for example the mechanic may well try to say that the claim lies against the company not him personally).

 

Can I report him to someone given that he displays his Ltd company name all over his website even though it's dormant. Clearly he is trying to trick people here. Isn't this some type of fraud?

 

You could potentially claim to Companies House and/or the Insolvency Service. See https://www.gov.uk/complain-about-a-limited-company. They won't help you resolve the issue you are having regarding the car though.

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Have a read of https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19#I

 

You may need to make a formal application on court form N244 for the new defendant to be substituted for the original defendant, referring to CPR 19.2. You would need to demonstrate a good reason for doing this, and the new defendant will probably also be given a chance to defend itself/himself (for example the mechanic may well try to say that the claim lies against the company not him personally).

 

You could potentially claim to Companies House and/or the Insolvency Service. See https://www.gov.uk/complain-about-a-limited-company. They won't help you resolve the issue you are having regarding the car though.

 

ok thanks very much for this.

hope I don't have to do this.

 

 

I spoke to the court and they said I should send an email to the FAO of the judge that denied the appeal and ask him to vary the order directly.

 

 

really hoping though,

that the guy pays out anyway :/

not holding out loads of hope though.

 

 

will give it a few days...

I sent him an email saying that if he doesn't send me the money I will send bailiffs.

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well, thing is,

he's not put that ltd company name on any invoice.

its just on his website.

 

 

I don't know if that counts as "trading" under that ltd co

BUT its definitely some type of fraud I would have thought?

 

 

it worked well for him in my case because it caused me to sue a dormant company rather than him personally.

he doesn't reference anywhere on his website/verbally/on any type of correspondence that he is a sold trader and not trading under that limited co.

 

 

if anything, everything points towards the fact that he is trading under a ltd co.

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Will do once I have the cash.

 

For now,

I threatened with bailiffs and he hasn't paid.

 

Was hoping he would pay anyway.

 

Looks like he won't so I'm going to ask the judge to vary the order.

Hopefully he does it without having to hear the case again!

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