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    • Hearing held today in court. I attended in person and Evri had an advocate attend on their behalf to defend their position that my contract is with Packlink and not with them. I also provided a copy of Evri's terms and conditions which explains that a contract is entered into when a parcel is sent with Evri. The judge pointed this out to the Advocate and agreed there is a contract between me and Evri under the Ts and Cs. The judge explained that while Packlink are responsible for organising the delivery of the item, it is Evri who are responsible for handling the goods and delivering them, and therefor Evri has a responsibility to handle the goods with reasonable care and skill. So am pleased to say the judge found in my favour. Hearing lasted about 75mins. Evri has been ordered to make payment within 21 days. Also nice to meet @jk2054 in person.
    • Good morning,    I just wanted to update you on the situation.    I have visits piling up with my current employment and they need doing before I finish at the end of this month.  I am moving to Wiltshire in 3 weeks for a new job helping care homes with their Dementia patients. I tried to work it out and at a guess I will be doing about 20-25,000 miles a year. So need a vehicle that can cope with that mileage, my old car would have done it easy but 🤷‍♂️ I have taken out a loan and got a friend to find me a reliable car that can cope with the miles and hasn't been written off in the past.   I phoned Adrian flux to see if I could use the last months insurance on a new car I have bought, the girl I spoke to phoned Markerstudy and asked them but they said no, my new car doesn't have any modifications.    I had an email from someone who saw one of my appeals for information, they live near the site of the accident and know a nearby farmer who has a security camera at his entrance that catches the traffic and specifically registration plates as he has been robbed before. They said they would reach out for me and see if he still has the data. Unfortunately it wont catch the scene of the crash.   The Police phoned me and said they were closing the report I made, even if they found footage of the vehicle at the time I said the actual incident would be my word vs theirs.  My first response was I am sure google maps would show that they turned around at that location which would verify my version of events, but upon reflection I do understand, I have seen people doing make up with both hands while driving, eating from a bowl steering with their knees and veering all over the place. I am sure some of these people go off the road and claim that someone forced them off.    Markerstudy phoned me yesterday to say that my car is now at Copart, the £80 tank of Vpower diesel was emptied on entry to the site for safety reasons, which I get but it sucks.  It is awaiting being assessed and shouldn't be too long, which is a relief.  I am really glad things do not seem to be going the way of the other stories and they seem to moving quickly.   However I was informed that my car was a structural write off before I bought it - this destroyed me, I was almost sick.  and this is going to affect any offer of money - after hearing the first statement this didn't affect me.   They need to wait for the assessor to check it over but it is highly likely to be written off and the maximum they can offer is £2300.  I was desperate for a car as I was working for an agency at the time, no work no pay, and did not do a vehicle check because I didn't know about them.  The seller did not tell me that it had been structurally written off, he told me that it had the front wing damaged while parked and was repaired at an approved repairer.  Markerstudy records state that it was sold at auction, no record of repair at an approved repairer.  I bought it bank transfer with hand written receipt.    It gets worse.    It turns out my airbags should of gone off. For some reason they are not working. I think we can figure out why.  If I had hit that car head on and had no airbags.    Some good news.    I can arrange a time with Copart to go and take my stereo equipment and any personal items that are left in the car only. I cant live without music and need quality sound, my speakers and amps are Hertz and JLaudio, (no I am not a boy racer with booming subs, I am an audiophile on a budget) I was really worried I wouldn't get them back so this is a huge relief for me. It is stuff I have built up over years of saving and collecting. Everything to do with the vehicle and mods I have declared need to stay to be assessed.   The accident has gone as a fault on my record, I have to remove 2 years NCB which means I still have some to declare which is good.  So it appears at this point that it may be resolved quickly, not in the way I was hoping, but not as bad as I presumed it was going to be based upon that tow truck drivers attitude and behaviour and the horror stories I read.   I am not going to buy the car back and try to make money with all the parts on it, I don't have the time or energy.   I may need an xray on my back and neck.  The whole situation has left me feeling physically sick, drained and I need it done.   The lesson learnt from this  -  My conscience is 100% clear, my attitude to safety and strong sense of personal responsibility - A rated tyres even if on credit card, brake fluid flush every year, regular checks of pads and discs, bushes etc, made avoiding what I believed to be a certain broadside collision possible.   Get a dashcam (searching now for the best I can afford at the moment)  -  Research your insurance company before you buy  -  Pay for total car check before you go and see a car and take someone with you if you are not confident in your ability to assess a vehicle.      Thank you to everyone here who volunteers their time, energy and information, it is greatly appreciated.  You helped my sister with some advice a while ago but we weren't able to follow through, she is struggling with long term health conditions and I ended up in hospital for a while with myocarditis, when I got out and remembered it was too late.  I am going to make a donation now, it is not a lot, I wish I could give more, I will try to come back when things are on a more even keel.    Take care
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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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The problem is, there are arguments on both sides.  Referendum was a binary question, it shouldn't have been?Leave won ,arguably democratic.  You and I think the referendum was a stupid idea, distorted by lies, but nevertheless it involved a democratic choice.  That's me playing devils advocate.

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Fwiw, I think the referendum was called for the wrong reasons, a lot of them to do with Cameron being worried about UKIP, and that the question was badly worded. For instance, it didn't ask about leaving with no deal.

 

Cameron, aka Captain Hindsight, assumed a Yes vote was a forgone conclusion and didn't bother to give much energy to the campaign. Nor did Osborne or May.

 

The Leave campaign had all the catchy slogans although quite a few of them have turned out to be economical with the truth.

Illegitimi non carborundum

 

 

 

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Correct but there is a strong argument that it is democratic.  And if the boot was on the other foot, and remain had won the referendum, we would be outraged if Parliament was trying to thwart it.  So both sides can throw accusations of being undemocratic around, and both are correct.

 

 

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Let me play devils advocate to Londons devils advocating

 

 

Lets say Aldi beans are 23p a tin

 

I say come to my shop, an easy 10 paces walk around the corner and I'll sell you beans at 15p a tin (a democratic choice?)

 

You get to my shop and I say the beans are 38p a tin - but you've got to buy them

you had your choice and made it

 

?

 

 

 

How many people would pay?

 

... Let alone if you get around the corner and its the slip road to the m1 and the shop is 200 miles up the M1 ...

 

 

 

We are becoming far to comfortable and accepting of Government lying to us and then telling us thats the way it is.

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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Oh and I dont just mean Johnson and Vote Leave, they are just the latest worst incarnation.

 

The thing to really be concerned about is if they get away with it

- thats the new normal ...  until it follows its natural path and quickly gets even worse.

Edited by tobyjugg2

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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1 hour ago, London1971 said:

Correct but there is a strong argument that it is democratic.  And if the boot was on the other foot, and remain had won the referendum, we would be outraged if Parliament was trying to thwart it.  So both sides can throw accusations of being undemocratic around, and both are correct.

 

 

Where is the strength in an argument that the referendum was democratic? It was as undemocratic as the stunt that Johnson has just pulled as it is designed to exclude Parliament from the decision making process.

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3 hours ago, honeybee13 said:

So it's the end of democracy then?

In as much as we accept an individual in a position of power can choose to bypass Parliament I think it is.  When it's an individual who was put in that position of power by their own followers only rather than the country it starts to look more like a coup than demcracy.

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How true

 

 

This is not new, but worth a watch

Brexit: Endgame - The $20T Secret, with Stephen Fry

 

 

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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Share on other sites

4 hours ago, honeybee13 said:

So it's the end of democracy then?

I am not sure we have ever lived in a democracy- well certainly not in my voting lifetime. Once upon a time, not so many years ago, university graduates had two votes whereas others only had one. Now we get professional politicians who only want to do what is right for them- Johnson is a case in point, his switch to leave on the eve of the vote was a calculated decision with the aim of getting him where he is now- at the head of a deeply unpopular government that is only in power because the leader of the opposition hasn't understood he needs to play the game- oh and politically I support a lot of what Corbyn wants, re nationalisation of the railways and utilities and more public ownership.

 

 

By the way- living in Birmingham it is clear that not only will Brexit be a disaster but should they scrap HS2 the city will be on its knees

Any opinion I give is from personal experience .

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The petition to prevent dissolution of parliament (how appropriate a term) is well past a million and rising

 

https://petition.parliament.uk/petitions/269157

 

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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"Parliament must not be prorogued or dissolved unless and until the Article 50 period has been sufficiently extended or the UK's intention to withdraw from the EU has been cancelled."

 

Can't see that having any effect, potentially annoying the Leave voters who didn't want this mess, but then to a Remainer, any form of leave even EEA/EFTA is anathema so verboten.  Neither side comes out of this with any Brownie points. 

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15 hours ago, cjcregg said:

Where is the strength in an argument that the referendum was democratic? It was as undemocratic as the stunt that Johnson has just pulled as it is designed to exclude Parliament from the decision making process.

 

I am just trying to see this from the other side,

 

There are zero benefits to a No Deal Brexit.

 

I am a Remainer but would have been OK with May's deal going through.  It's also interesting reading , this.  Respectable Poll from a respectable source.  Suspending parliament isn't popular, even with leavers.

 

https://uk.reuters.com/article/uk-britain-eu-poll/few-britons-back-month-long-parliament-break-before-brexit-yougov-idUKKCN1VI1TZ

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3 hours ago, brassnecked said:

 but then to a Remainer, any form of leave even EEA/EFTA is anathema so verboten.

 

No so

 

The better than our existing deal cake and eat it all the benefits none of the costs, extra deals across the world ready to go before we leave, all without affecting our single market access and with no negative effects on our access or workers and environmental rights

 

... as sold by the Leave campaign

 

Would have done very nicely thank you

 

 

But some deal much worse than our existing deal, nowt sorted, worker, food and environmental rights out the window, collapsed currency, businesses and investment leaving the country  and slavery to whoever the Yanks might vote in ...

 

No thanks.

 

 

 

 

 

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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Share on other sites

27 minutes ago, king12345 said:

In the mean time Germany is fearing a deep recession triggered by their healthy motor industry collapsing in the event of import tax imposed to the UK post Brexit.

 

ROFL

 

Whys that

Someone think that financiers and politicians won't be able to afford BMW's any more?

 

They will have little choice but BMW's (or JCB's) given the collapse of the UK's motor industry.

 

Raleigh shares might be a good buy though as ordinary people wont be able to afford cars at all...

 

.. now who owns Raleigh .....

Edited by tobyjugg2

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

Link to post
Share on other sites

It is going to be an interesting few days. Will BJ be defeated and if he is will he then be able to get the majority needed for an election? 

 

If Labour have any sense they will stop a no deal but let Boris go on after 31st Oct so an extension is in place. Next move would be a deal with the Lib Dems to form a coalition at a GE 

Any opinion I give is from personal experience .

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The MPs seem to forget that No Deal is the default scenario if no agreement ratified by the end of the negotiation period, that has been extended, without a further extension we are out.  Parliament cannot ban No Deal per se, EU Law is superior to UK law now, so Parliament have messed up.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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That isn't going to happen if Johnson and the Beadle's lot are still in charge.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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2 hours ago, fletch70 said:

It is going to be an interesting few days. Will BJ be defeated and if he is will he then be able to get the majority needed for an election? 

 

If Labour have any sense they will stop a no deal but let Boris go on after 31st Oct so an extension is in place. Next move would be a deal with the Lib Dems to form a coalition at a GE 

 

I disagree

 

Johnson and his cronies will do anything and everything to throw spanners in the works.

 

As BN says, revoke is not going to happen - without a referendum

We need an extension to get to that point

and we need Johnson gone.

 

Even Corbyn for a spell is looking the lessor of 2 evils - via a coalition with the libdems.

 

 

Strangely the Tory remainers are mostly trying to save the Tory Party if you look closely.

Real Tories are in a real quandary, and a brief Corbyn coalition could do it as long as the Labour Party don't let corbyn carry on with his spoiling tactics..

If Corbyn carries on with his crap then its likely we will be quickly back in the mire.

 

 

addendum

I deliberately left out the SNP

Edited by tobyjugg2

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

Link to post
Share on other sites

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