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By lookinforinfo · Posted
You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your costs back on the day. It obviously won't be much but at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂 -
It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not. -
The winemakers using artificial intelligence to help them grow grapes and blend their wines.View the full article -
you've been here longer than me and cant realise the obvious? in my very 1st post i told you that's the wrong way to go about it. vanquis had no reason to explain to you why they allowed the payment, but they did: covered by the consumer credit act. dx -
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By mystic_bertie · Posted
Hi Dave yes indeed we won and its wonderful news. This is obviously their way of being sore losers and inconveniencing me slightly lol. At least it it was worth it in the end and i did not have to pay their stupid over inflated pcn. JK - I would need to ask them to find out the reason for the different location. Its a silly set up if you ask me. Im guessing its been discontinued and so the court assumed they did not need to inform me. I never got anything from DCB legal, the court letter is dated on the 25th Feb, i don't know at which point it was discontinued. Yeah that's a great idea and making sure people check before attending. I did phone yesterday but it was after 4pm and they were not answering the phone. Ill know for the next time.
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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.
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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