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By Ethel Street · Posted
The form you completed is unlikely to have gone direct to an insurance company. Usual practice is that the form is used to notify accidents to the council's internal Insurance department. So contact the council's insurance manager and ask them what has happened to your claim. Contact info should be on their website, if not phone the general enquiries number and ask who it is. BTW the forms are often just to report an accident, not to make a legal liability claim against the council. Having an accident at a council leisure centre doesn't automatically make the council at fault or entitle your wife to compensation. -
Well the mere is the actual figure stated on the particulars and there’s total figure with fees added -
What does is say on the claim form ? Irrelevant to your defence. -
By honeybee13 · Posted
Do you have a contact name at the council? I'm unclear how you managed to start a claim if you don't have any names. HB -
And the amount? Is that the amount on the particulars or the final amount with fees added?
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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.
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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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