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    • I've just noted that in Section 4 of the ebay powered by packlink T&Cs, there is a link to a list of webpages for each Transport Agency including Evri. When clicking on this, it redirects to Evri's send terms and conditions, which says: Our contract with you When you send a parcel with us, you enter into a contract with Evri. These terms and conditions set out your responsibilities and our service commitments to you, along with some legal bits about our liability and how you will be compensated in the unlikely event that things go wrong. Link to Evri send T&Cs: https://www.evri.com/terms-and-conditions the extract highlighted in bold above is pertinent as in Evri's own T&Cs, by sending a parcel with Evri, the sender and Evri have entered into a contract. Screenshot of the above extract attached. Screenshot_20240524_030834_Chrome.pdf
    • Hi, Evri provided a copy of the Ebay powered by Packlink T&Cs in their WS/Court bundle - this is already uploaded in post #246 yesterday. I copy and pasted the actual wording of clauses 3b and 3c from there into my post #246. see points 3b and 3c in Section 3 (General) through this link to the T&Cs:  https://support-ebay.packlink.com/hc/en-gb/articles/360004768420-eBay-Delivery-Powered-by-Packlink-Terms-and-Conditions#h_01HFXQJBTB441YZGPB7CQP9KFV Screenshot attached below. I cant answer why its not been picked up before. In my opinion, this is called Ebay powered by packlink T&Cs so it could be intepreted to mean Ebay and Packlink's T&Cs rather than Packlink and the delivery couriers T&Cs. In regards to seeing Evri/Packlink's entire contract in original form, in my WS, Evri has been invited to provide this. They have not provided the contract in their WS/court bundle. Screenshot_20240524_024259_Chrome.pdf
    • yes, and he has since emailed them to say he wants it done with a hearing
    • Do I take it that you had already informed the court that you wanted the case settled on the papers rather than by way of a hearing before you came here and told us?
    • This is a very important find. I don't understand why nobody has picked up on this before. It's a shame that you have only just found it but please will you get a screenshot and also give us a link to the page which contains this and if possible a link to the actual passage. This makes a huge difference because if this is right that the third party actually has a direct contract with the courier company then they can rely on their consumer rights rather than commercial rights. Also as you seem to have pointed out, even if  their commercial contract does exclude third-party rights, the clause that you have found on the eBay site directly contradicts that And this should be pointed out to the judge.  Please will you screenshot the passage. Give us a link and then stand by for a response later on today. We will have to send this additional piece of information to the court and don't worry we will manage to do it before the 4:00 pm deadline. And in any event, you will certainly want to see the entire contract in original form and receive clarification as to when their third-party exclusion close was included in it.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Another unjustified penalty charge - this time for not paying for prescriptions


Teddyzz
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Two years after I disposed of my car for scrap at an authorised waste treatment facility

I received a letter from debt collectors saying that I'd ignored letters from the DVLA about failure to tax/SORN the ca

r and that I owed a couple of hundred pounds.

I had received NOTHING from anyone.

 

I'd only kept the paperwork I'd received after scrapping the car for six months

and that included the bit of the registration document that you keep after you return the "scrapped" bit to the DVLA.

 

 

I rang the waste treatment facility and they said "you're lucky" they had the information that was just about to be deleted.

 

 

The gave me all the details that had been electronically sent to the DVLA.

I then compiled a letter to the debt collectors that gave them all the details in a very unfriendly way.

Not heard from them since.

 

A few months ago I'd been to the Doctors and got a prescription for several items.

I decided that I'd get a prepayment certificate as it would be cheaper.

The NHS site was down for most of the day,

 

 

much later on I managed to get on and buy one.

I received the email confirmation and the money went out of my bank.

I then went to the chemist.

 

This morning I received a letter from the NHS Business services Authority saying that they were giving me a penalty charge totalling £98.40 for prescription items I'd received in February having stated that I'd got a prepayment certificate

when "we could not find evidence" that I had one.

 

I then had to go over to the chemist to check that I hadn't received something in February before I'd got the prepayment certficate.

I hadn't.

The letter is wrong and I've now got to spend MORE time to prevent them from trying to charge me more money.

 

Defending yourself against penalty charges takes time, worry and effort.

I shouldn't have had to do anything in respect of either.

These organisations should pay for the hassle they create.

Is there a way of making them do so?

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Hi and welcome to CAG. Sorry you were missed.

 

Initial thoughts. Check the website to read the terms and conditions. It may say that you are not covered until you receive the certificate/card. If so you may be stuck with the penalty although I would still challenge it.

 

If the email says you are covered then you can send a copy of that along with a redacted copy of your bank statement to show the money was paid. They should then cancel the penalty.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I've always bought my prepayment from Boots. My prescriptions are sent automatically to My local Tesco. I usually buy a 3 months prepayment (£29.50). If it's any interest to you, I once asked at Boots if I could use the exemption straight away and they said yes, just present the receipt to Tesco and all is fine. The pharmacist at Tesco also confirmed this as it usually takes around a fortnight for the card to arrive through the post. Been doing this for two years now and not had any problems(yet).

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Morning Teddyzz,

 

Try the following link & either call or email them so you can get this sorted with the minimum of stress.

 

They are really good at getting any issues sorted out very quickly, as I've found out 1st hand.

 

http://www.nhsbsa.nhs.uk/PrescriptionServices/4666.aspx

I don't suffer from insanity, I enjoy every single minute of it!!

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I have checked on the website linked by RainbowTears and it states

 

If you applied on the internet, you should have received an email containing a Sales Reference Number. If this is the case, you can be sure your application has gone through.

https://contactcentreservices.nhsbsa.nhs.uk/selfnhsukokb/AskUs_HWHC/template.do?name=How+do+I+collect+any+medication+that+I+need+before+my+Prepayment+Certificate+%28PPC%29+arrives%3F&id=16023

 

As you state that you received an email, that should have had the reference number on it. Forward a copy of the email as proof you paid.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I was chased with 4 nhs penalty charges after claiming free nhs dental treatment. I had ticked that I was in receipt of income related ESA (which I should have been getting and thought I was) but turns out I was only getting contribution based ESA which doesn't entitle you to free NHS. I got it sorted with the DWP and they backdated the IR-ESA to a date that preceded the NSH penalty charges but the NHS insisted that as I was not getting IR-ESA at the time I claimed that I was then the civil penalty charge and surcharge stand.

 

If you read the legislation there is a section that says: "The Act provides that a patient is not liable for a penalty charge if they can show that they did not act wrongfully, or with any lack of care, in respect of the payment in question." In my case I simply threw this back to them in a letter and basically told them to either **** off or issue a claim which will be defended in the county court. I never heard from them again.

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