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OK, thanks. Jake Burgess is well known to us - and well despised. Friday would be great as then there would be the weekend to tweak things. 👍 -
Thanks FTMDave. VCS's WS was from Jake Burgess. I will draft my WS and share with copies of court order, and VCS's exhibits asap. I'm away tomorrow so more likely Friday. Thanks again for the advice -
Thanks. Time to move on this. 1. You need to tweak the magnificent WS that dx suggested. Adapt it to your case. It should take you about half an hour (I recently wrote a WS from scratch during a train journey which wasn't optimum 😂 with lots of cross referencing and it took me an hour an half, you have one already cooked thanks to dx). 2. We will add bits to ridicule VCS's WS - it's rich that they moan about your defence being standard when their Particulars of Claim are too and also include the rubbish about keeper/driver that has been criticised numerous times by the courts. 3. Who wrote their WS? Was it Mohammed Wali or Ambreen Arshad or have they got someone new? 4. We need to see a good chunk of VCS's exhibits. I don't get why we have to keep asking you for things rather than them being volunteered. Isn't it obvious that we can't help you compile a decent WS if we can't see what the other side is arguing? All their silly signs aren't needed, but any contract with the landowner is important as are all the photos of your vehicle. 5. You've never shown us the court order which fixes the hearing date. It should be obvious we need to see what the court has ordered. This is the second time we've asked. 6. VCS were using Elms Legal. Are Elms Legal still involved?
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By occysrazor · Posted
As per my post above, I believe they are attending - either themselves or a representative on their behalf, as I have not received any notice either by post/email that says otherwise -
I actually did one better and came to a settlement, didn't cost me a penny. so great result...case closed. Many thanks for your help, much appreciated.
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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.
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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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