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    • You can easily argue your case with no sign on the nearest parking sign
    • Same issue got a fine yesterday for parking in suspended bay which was ending at 6:30 yesterday, next thing I see a fine 15 minutes before it. The sign was obstructed 
    • Hi all, an update on the case as the deadline for filing the WS is tomorrow i.e., 14 days before the hearing date: 7th June. Evri have emailed their WS today to the court and to myself. Attached pdf of their WS - I have redacted personal information and left any redactions/highlights by Evri. In the main: The WS is signed by George Wood. Evri have stated the claim value that I am seeking to recover is £931.79 including £70 court fees, and am putting me to strict proof as to the value of the claim. Evri's have accepted that the parcel is lost but there is no contract between Evri and myself, and that the contract is with myself and Packlink They have provided a copy of the eBay Powered By Packlink Terms and Conditions (T&Cs) to support their argument the contractual relationship is between myself and Packlink, highlighting clause 3a, e, g of these T&Cs. They further highlight clause 14 of the T&Cs which states that Packlink's liability is limited to £25 unless enhanced compensation has been chosen. They have contacted Packlink who informed them that I had been in contact with Packlink and raised a claim with Packlink and the claim had been paid accordingly i.e., £25 in line with the T&Cs and the compensated postage costs of £4.82. They believe this is clear evidence that my contract is with Packlink and should therefore cease the claim against Evri. Evri also cite Clause 23 of the pre-exiting commercial agreement between the Defendant and Packlink, which states:  ‘Contracts (Rights of Third Parties) Act 1999 A person who is not a party to this Agreement shall have no rights under the Contracts (Right of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act.’ This means that the Claimant cannot enforce third party rights under the Contract (Rights of Third Parties) Act 1999 and instead should cease this claim and raise a dispute with the correct party.   Having read Evri's WS and considered the main points above, I have made these observations: Evri have not seen/read my WS (sent by post and by email) as they would have recognised the claim value is over £1000 as it includes court fees, trial fees, postage costs and interests, and there is a complete breakdown of the different costs and evidence. Evri accepts the parcel is lost after it entered their delivery network - again, this is in my WS and is not an issue in dispute. Evri mentions the £25 and £4.82 paid by Packlink - Again, had they read the WS, they would have realised this is not an issue in dispute. Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states:  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency   This supports the view that once a user (i.e, myself) selects a transport agency (i.e Evri) that best suits the user's needs, the user (i.e, myself) enters into a contract with the chosen transport agency (i.e, myself). Therefore, under the T&Cs, there is a contract between myself and Evri. Evri cites their pre-existing agreement with Packlink and that I cannot enforce 3rd party rights under the 1999 Act. Evri has not provided a copy of this contract, and furthermore, my point above explains that the T&Cs clearly explains I have entered into a contract when i chose Evri to deliver my parcel.  As explained in my WS, i am the non-gratuitous beneficiary as my payment for Evri's delivery service through Packlink is the sole reason for the principal contract coming into existence. Clearly Evri have not read by WS as the above is all clearly explained in there.   I am going to respond to Evri's email by stating that I have already sent my WS to them by post/email and attach the email that sent on the weekend to them containing my WS. However, before i do that, If there is anything additional I should further add to the email, please do let me know. Thanks. Evri Witness Statement Redacted v1 compressed.pdf
    • Thank you. I will get on to the SAR request. I am not sure now who the DCA are - I have a feeling it might be the ACI group but will try to pull back the letter they wrote from her to see and update with that once I have it. She queried it initially with 118 118 when she received the default notice I think. Thanks again - your help and support is much appreciated and I will talk to her about stopping her payments at the weekend.
    • you should email contact OCMC immediately and say you want an in person hearing.   stupid to not
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

      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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Possible discipline over Security worry !.


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Possible discipline over Security worry !.

 

Wondering if anyone can see the situation from a different perspective.

 

I moved to a different office from another public office to start a different job.

 

Whilst training last Week, my trainer helped me and sat with me whilst I completed a form that could be emailed to another outside organisation.

 

The organisation had a legal entitlement to receive this information. I did doubt this with my trainer but she just said send the email, so I reluctantly sent it.

 

Shortly after, I discovered that I had ticked the wrong box on the form, which then stopped a warning message from appearing. The message would have said ‘ post this data only as an email would be a security issue’. I think it is something to do with the type of data and that the internet is not trusted enough, even though some personal data can be emailed via the internet.

 

I recalled the message and phoned the organisation but they checked and said that the email had not been rec’d at their office. They doubted it was even sent, possibly due to the fact that I had added information to the subject line which is known to cause linking problems apparently.

 

I know security ignorance is not going to help me as I have responsibility here too and I do not blame others as I should have refused to follow her instructions,

 

However, I feel as though support has not been forthcoming and procedures have not been followed, not to mention my trainer who was actually training me how to complete and send this form. I feel that this supervisor was ignorant of the processes too and this has bounced on to me.

 

I spoke to my line manager but she said don’t worry, so nothing was reported. However, my trainer said ‘you pressed the button’.

 

I read up on security policy afterwards and my heart sank because it seems that this could fall under serious to gross misconduct, because even though I sent it to the correct people, I communicated the data under the wrong format ( email as opposed to post )

 

Even though it was an accident / error, partly due to training confusion I feel, my job could be on the line if it blows up. Everyone else seems unconcerned.

 

If anyone has their own feelings, please share.:whoo:

 

Thanks very much

 

stella

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Possible discipline over Security worry !.

 

Wondering if anyone can see the situation from a different perspective.

 

I moved to a different office from another public office to start a different job.

 

Whilst training last Week, my trainer helped me and sat with me whilst I completed a form that could be emailed to another outside organisation.

 

The organisation had a legal entitlement to receive this information. I did doubt this with my trainer but she just said send the email, so I reluctantly sent it.

 

Shortly after, I discovered that I had ticked the wrong box on the form, which then stopped a warning message from appearing. The message would have said ‘ post this data only as an email would be a security issue’. I think it is something to do with the type of data and that the internet is not trusted enough, even though some personal data can be emailed via the internet.

 

I recalled the message and phoned the organisation but they checked and said that the email had not been rec’d at their office. They doubted it was even sent, possibly due to the fact that I had added information to the subject line which is known to cause linking problems apparently.

 

I know security ignorance is not going to help me as I have responsibility here too and I do not blame others as I should have refused to follow her instructions,

 

However, I feel as though support has not been forthcoming and procedures have not been followed, not to mention my trainer who was actually training me how to complete and send this form. I feel that this supervisor was ignorant of the processes too and this has bounced on to me.

 

I spoke to my line manager but she said don’t worry, so nothing was reported. However, my trainer said ‘you pressed the button’.

 

I read up on security policy afterwards and my heart sank because it seems that this could fall under serious to gross misconduct, because even though I sent it to the correct people, I communicated the data under the wrong format ( email as opposed to post )

 

Even though it was an accident / error, partly due to training confusion I feel, my job could be on the line if it blows up. Everyone else seems unconcerned.

 

If anyone has their own feelings, please share.:whoo:

 

Thanks very much

 

stella

 

Worrying too much. The trainer was responsible, because you were under instruction.

 

Suggest that you find out the companies security policy for the future.

 

When i have sent data in this way, it has been in an encrypted format and the person receiving had to have a password which was changed daily.

We could do with some help from you.

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Thanks unclebulgaria. Interesting insight. much appreciated. I did wonder if my 15 Years service would be viewed as adequate time to learn security. I did doubt this process which lead to the breach. I was under instruction as you say and I did not have any knowledge of this new procedure of emailing forms. I trusted my supervisor's instruction would be okay but I was wrong.

 

'I pressed the button'......... attititude which kind of makes me the centre of blame.

 

thanks, stella

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I recalled the message and phoned the organisation but they checked and said that the email had not been rec’d at their office.

 

In future, do not rely on being able to recall emails. Not all recipients will have such a "feature" enabled in their email reader or even honour a recall request: One local company found out to their cost after emailing me some confidential information and then tried to recall the email....

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No... you can't eat my brain just yet. I need it a little while longer.

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I am worried and my mind is in over drive. I keep thinking about consequences. the finger is pointed at me because 'i pushed the button' and I should have known about security issues, which I do to a greater or lesser degree. I was however, just following the instructions by my trainer who ho said that it is okay to send this data by email and she said send the email. however, it was sent on my watch. the data was a customer address which is normally allowed by email without encryption but it was a special case client so it should have been posted. i keep thinking that the email might get intercepted by someone who is looking for this client but what are the odds of this happening by someone who just happend to hack into an email at the right time. All my trainer said was you know about secuity after 15 years and you pressed the button. thanks for listening and advcice...stella

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Stella, write yourself a note of what happened while it is fresh in your memory and then file it away. It'll be there if you need it. But your manager is telling you not to worry - so please don't!

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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okay emmzzi i will do that. I keep thinking that next I will be blamed for not reporting the incident to the security incident body, even though i alerted my line manager to a potential mishap. Does that not make me negligent of not reporting an incident ?

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Does your organisation care much about that? Have you ever seen anyone be in trouble for it? What stopped you from reporting it when it happened?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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