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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.
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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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Missed fracture of the elbow.


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Good evening.

 

Two weeks ago I banged my elbow, the morning after I had reduced movement and a lot swelling. I presented at the local ED and was seen by an ENP who after an xray said it was not broken, to his surprise due to the amount of swelling, so I was to mobilize it as much as possible.

 

Yesterday morning I awoke to an elbow for times the size it would be so I went to the GP who sent me to hospital to be told "oops, we have had a consultant look at it and we missed it" I've now got a collar and cuff and have to rest it for three weeks. Its so painful that I am now on Oramorph and not sleeping. I was told this in front of other patients waiting to be seen which made me very embarrassed.

 

What should I do, should I seek the advice of a solicitor, I am concerned about loss of function and how I was treated.

 

Thank you in advance

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It's a broken elbow, as painful as it is, you won't die, and it most certainly doesn't need a solicitor? They can't fix a busted elbow??

 

Not sure what an ENP is either?

 

Do you not have use of a 'walk in' centre near you instead of tying up A&E?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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So what do I do when I can straighten my arm due to mobilising my arm for two weeks instead of resting it? Walk in center does not have access to x-rays so advised me to go to hospital...only tied up one service not two.

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So what do I do when I can straighten my arm due to mobilising my arm for two weeks instead of resting it? Walk in center does not have access to x-rays so advised me to go to hospital...only tied up one service not two.

 

I guess it does depend on the postcode lottery as to who has X-rays at walk ins and who doesn't.

 

The body's a wonderful thing, mobilising it or not for two weeks, won't make you lose the use of it forever.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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That you for your input but unfortunately not keeping it still has now resulted in a displacement of the bone which means I need a operation.

 

I should have used the title "how do I raise a complaint?"

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I should have used the title "how do I raise a complaint?"

 

Ah well, in that case your first port of call should be with the manager of the department the Dr works in, or ENP??

 

It may be worth discussing with your GP whether the failure to immobilise and accurately diagnose the fracture is the reason why you now need an operation?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Ask to be referred to an orthopaedic surgeon.

Ask the orthopod what should have happened, and the consequences of that not happening (would you have needed an operation anyway? Will you suffer any long term consequences as a result).

 

What do you want to achieve as an outcome?.

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Thank you Bazza, all I want is to find out what has happened and to ensure it is less likely to happen to the next person. I thought I needed a solicitor to complain but that's more for compensation and that's not what I'm looking for.

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2 things- are you sure they said mobilize it as much as possible and not immobilise it as much as poss (the more likely).

 

secondly,-how far you take this depends on what you want as an end result. Unfortunately the first thing on some people's minds is compensation from someone evenf if it was their fault that they tripped over in their high heels when reeling drunk. This makes the hospitals react in an unreasonably guarded manner and makes it nigh on impossible to get an apology so people sue because they havent had the satisfaction of an apology and use the compensation as proof they had a gievance in the first place.

 

Ask for your GP to send you for an opinion from somewhere else (another local hospital for example) so whoever has to write a report isnt going to think about what he has to say to that nurse or doctor when they pass in the corridor. In the meanwhile start your complaint via PALS as this will not be a speedy matter and you will invariably have to go through the next couple of stages of the complaints procedure and by then you will have all of the relevant information and likely outcomes of your injury

Edited by honeybee13
Paras
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