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    • Oh I see! thats confusing, for some reason the terms and conditions that Evri posted in that threads witness statement are slightly different than the t&cs on packlinks website. Their one says enter into a contract with the transport agency, but the website one says enter into a contract with paclink. via website: (c) Each User will enter into a contract with Packlink for the delivery of its Goods through the chosen Transport Agency. via evri witness statement in that thread: (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 I read your post at #251, so I should use the second one (and changing the screenshot in the court bundle), since I am saying I have a contract with Evri? Is that correct EDIT: Oh I understand the rest of your conversation. you're saying if I was to do this i would have to fully adjust my ws to use the consumer rights act instead of rights of third parties. In that case should I just edit the terms and stick with the third parties plan?. And potentially if needed just bring up the CRA in the hearing, as you guys did in that thread  
    • First, those are the wrong terms,  read posts 240-250 of the thread ive linked to Second donough v stevenson should be more expanded. You should make refernece to the three fold duty of care test as well. Use below as guidance: The Defendant failed its duty of care to the Claimant. As found in Donoghue v Stevenson negligence is distinct and separate to any breach of contract. Furthermore, as held in the same case there need not be a contract between the Claimant and the Defendant for a duty to be established, which in the case of the Claimant on this occasion is the Defendant’s duty of care to the Claimant’s parcel whilst it is in their possession. By losing the Claimant’s parcel the Defendant has acted negligently and breached this duty of care. As such the Claimant avers that even if it is found that the Defendant not be liable in other ways, by means of breach of contract, should the court find there is no contract between Claimant and Defendant, the Claimant would still have rise to a claim on the grounds of the Defendant’s negligence and breach of duty of care to his parcel whilst it was in the Defendant’s possession, as there need not be a contract to give rise to a claim for breach of duty of care.  The court’s attention is further drawn to Caparo Industries plc v Dickman (1990), 2 AC 605 in which a three fold test was used to determine if a duty of care existed. The test required that: (i) Harm must be a reasonably foreseeable result of the defendant’s conduct; (ii) A relationship of proximity must exist and (iii) It must be fair, just and reasonable to impose liability.  
    • Thank you. here's the changes I made 1) removed indexed statement of truth 2) added donough v Stevenson in paragraph 40, just under the Supply of Goods and Services Act 1982 paragraph about reasonable care and skill. i'm assuming this is a good place for it? 3) reworded paragraph 16 (now paragraph 12), and moved the t&cs paragraphs below it then. unless I understood you wrong it seems to fit well. or did you want me to remove the t&cs paragraphs entirely? attached is the updated draft, and thanks again for the help. WS and court bundle-1 fourth draft redacted.pdf
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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.
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      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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misuse of visitors parking permits


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We live in a parking blackspot in Basingstoke.

We have lived here for over 30 years and parking has become a nightmare for my husband and myself.

 

If we drive anywhere during the day we have to make sure we return by 4.00pm at the latest and not at all at weekends or we are unable to park.

It probably sounds over the top but it is having an effect on our lives.

 

We have a residential parking permit for our car and a visitors permit, which is pointless because we can never invite visitors because they cannot park.

 

It would seem that the "visitors" permit has become a 2nd car permit.

Many cars sit in the street, day after day displaying the visitors permit, some are sellotaped to the dashboard.

 

I have contacted the council for a definition of "visitor" but was sent a generic letter giving details of the permit with costs and application form.

 

Is there anything we can do other than move house?

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Probably not, to be honest.

 

With parking permits the issue is whether there is a valid permit on display.

If there is, they can park there.

 

The only alternative would be a review of the whole parking scheme at council level, and the number and types of permits they issue.

 

The outcome would be unknowable, but as an individual you are unlikely to have much clout.

 

You'd have a stronger hand if you and your neighbours lobbied the council collectively.

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depends on the order given by the council to introduce the scheme.

 

Some councils have a charge for a visitors permit by the day,

other charge a fee for one on an annual basis,

some issue a book of them with scratch off panels for the date they are used.

Your council has tried to be nice but actually created a problem because of that.

 

This is a problem that occurs when people lobby the council to introduce a resident parking scheme but don't actually make sure the scheme is one that best suits the neighbourhood.

 

For example,

many schemes have very small zones but in Clapham, London your permit covers a number of roads in a block so you don't get to park near your house unless you are very lucky and most people commute by tube so once a car is parked in a space it often doesn't move for a week because the owner knows the problems.

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The permits are issued on a n annual basis,

simply a piece of card with "visitors permit' on front.

 

 

We didnt lobby the council for the scheme,

it has been in operation for over 10 years.

 

 

It has been tinkered with until it now covers a block of roads.

The roads include several with their own drives etc.

All a bit of a mess really.

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Your problem is not the misuse of permits but the lack of parking facilities designed in when the estate was built.

 

You can't blame families for having more than one car - my household has 4 which rises to 5 when the boy's G/F stays over when he's back from Uni.

 

This will only be resolved when you move and buy a place with sufficient parking for all your cars.

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Parking wasn't an issue when the houses were originally built, its a street not an estate

My issue is with people who misuse the Visitors Permit as a permit for a second vehicle. Therefore preventing other residents (who accept that only one vehicle is suitable for the area) from parking.

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Parking wasn't an issue when the houses were originally built, its a street not an estate

My issue is with people who misuse the Visitors Permit as a permit for a second vehicle. Therefore preventing other residents (who accept that only one vehicle is suitable for the area) from parking.

 

It's an estate, in this context the whole of London is made up of estates that were built at various times.

 

Of course it wasn't an issue in the 1900's as no one had a car then!

 

I think you are being unrealistic, you live in a highly populated area that was never designed for parking any cars in the street, in fact the streets were designed for the milkman's horse and cart and foot traffic, nothing else.

 

You aren't going to win this, the permit scheme is unmanageable and unfair, if you want to park outside your own home then move somewhere where you can have off street parking on property that you own.

 

A permit scheme isn't meant to guarantee you a parking place, it's just meant to generate revenue for the local council.

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Westminster issues twice as many permits as there are parking spaces and didnt need to charge poll tax because it made so much money from parking permits.

How they justify their revenues is impossible to tie into the law but no government of any colour will take them to task as it suits all parties to allow this for their own political ends. the tories say it keeps council tax down, the greens will claim that it limits the number of cars in inner London, labour will claim that it taxes the wealthy over the poor and no-one has ever met a Lib Dem in Westminster so their opinion is unknown.

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