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By anotheruser0000 · Posted
@lookinforinfo .... Is there grounds to appeal or challenge the judgement in that case LIFI? -
I don't think it's quite as bad as that Dave. I seem to remember the brother has no driving licence? So any snotty letter would be a real doozy! And if they pursue it further after that, they would look extremely foolish... As long as the brother definitely didn't appeal as the driver, of course. -
Have you received your Notice of Allocation N157 ? -
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Based on ECP's previous, what will definitely happen is this. They will send more idiotic letters. After they will send a Letter of Claim, and it is essential that your brother replies at this point to this to show them he would be big trouble in court. Next it is highly likely (but not certain) that they will crawl back under their stone and that will be the end of the matter. The slight worry is that if they do do court it will seem a likely story to a judge that your brother has no connection to the ticket, when it was him who appealed and replied to the Letter of Claim. Indeed I think it would seem the lot of you were playing games with ECP and with the court by getting unconnected people involved and then later deny they were involved. So be aware there is that slight risk. You talked about "a mess" in your first post, and you weren't wrong. Someone hires a car and gets a ticket. There is an appeal. Who appeals, the hirer? No, the hirer's mate's son. Obvious! There is an approach for help to a consumer website. By the hirer? No, by the hirer's mate's son's brother! This is so damn silly and totally avoidable. Anyway, it seems the decision has been made for your brother to carry the can so whatever consequences will ensue will ensue.
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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.
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OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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