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By lookinforinfo · Posted
As Dave has already said they sent out their PCN too late That means that Met can no longer pursue the keeper as the charge cannot be transferred from the driver now to the keeper. Only the driver is now liable to pay so it is best not to appeal so Met cannot glean from the appeal who may have been driving. -
The failed cryptocurrency giant says it has billions of dollars more than needed to cover its debts.View the full article -
By lookinforinfo · Posted
I thought you had missed the defence part and now only the Witness Statement is due. That should give them a surprise when they see the keeper was not the driver, they do not know who was driving and their PCN does not comply with the Act. Oh dear I hope PE haven't started counting their chickens.😆 -
TBH gotta be quite frank here as much as we hate BM world. why didn't you not simply change the battery? or come here FIRST before launch a court claim? or let them do it.? a flat battery is gonna be a hard case to win +£500 on -
Any update on what you've decided to do CD?
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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.
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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