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Thank you JK2054 and BankFodder for your replies. The information requested is as follows: My wife and I are sole traders supplying bespoke, handmade wedding trays and other items through our website. We do not sell on ebay. We had an order for two trays (invoice value £370) that were shipped on Monday 25th March. We used P2G as the broker and Evri as the shipper. We declared the value but did not take out insurance. As the trays were a present for a wedding on Saturday 30th March we checked the progress of delivery on the Thursday to see that there had been an attempt to deliver on the 27th but the driver failed to deliver as the customer’s gate was shut (customer informs us that the gates are open between 7am-7pm. We contacted the customer who informed us she had been waiting in all week and there had been no attempt of a delivery. Evri allege they attempted to deliver on the 28th & 29th. On the P2G web site on the 4th April at 14.17 it stated that the customer refused delivery. At 14.28 it updated to say there was a problem with the address and at 14.32 updated to say the customer had refused delivery. At 14.35 updated again to say it was being returned. Last entry was on the 7th April that it was being processed at the depot. We never received it. I have had six web chats with P2G between the 4th-30th April. On the 26th April, I had an offer of £20 plus cost of delivery (£6.72) from P2G which I rejected. During this time, I also contacted Evri that resulted in an email from Evri Customer Services (20th April) stating that they had lost the parcel. I replied requesting details of the attempted delivery but received no reply. After emailing Evri again on the 23rd asking again for the information I received a phone call from someone called Haleemah on the 25th who apologised and promised to send an email with a link to submit a claim form. I subsequently received an email with the link which only took me to a page that stated “Page not found”. After informing Evri customer services of the problem (to which no reply was forthcoming) a couple of days later I retried the link but it only took me to the Evri website. I believe that I have a good case against both companies but would appreciate guidance on which path to go down. I have read most of the information on this site, which has been very helpful and much appreciated, particularly the various court transcripts. I appreciate that this process is a marathon and not a sprint and am fully aware that I need to get everything in the correct order before starting on the legal road. I am sure this covers the current position but if further info is needed please let me know. -
Everything at small claims revolves around informality and common sense, there are no "special" ways to have to do things. The site manager's WS will be like yours and the one I linked to - just much shorter. There need to be the introductory hearings about the case, the parties, etc., and the concluding Statement of Truth. In the middle just a couple of paragraphs where they say who they are, how they know you, and about permission being given by the landowner to use the car park. Superb. I've added another section about the signage to the suggested WS sections three posts above. Yes, it's perfectly possible. It'd be a good idea to phone the court on the 18th to see if they have paid. -
OK thank you very much. I will prepare my WS as you advise. I will indeed be preparing the WS over the weekend. I will also post UKPC's on Wednesday by 2nd class mail. As they have until the 17th to pay the court fee, is it possible they might discontinue at that stage too? Also I wanted to ask, in what form should the site manager's statement come? And the site owner if i can contact them? I will get photos of the signage to share with you also. Thank you. -
Theres speculation on whether the magazine was Womens Weekly or Boys own 😀 ... probably a classic first edition of boys own - based on it costing $130k :lol -
You have five days yet to respect the WS deadline which is next Wednesday. As others have said, you can e-mail the court their copy. That gives you the whole weekend to get the WS prepared. Personally I'd post UKPC's theirs by 2nd class post (all they are worth) on Wednesday too, the court won't look badly on a short delay from a Litigant-in-Person. Another point. In your WS you say their signs are rubbish. That's a great point if their signs really are rubbish. It's a dreadful point if their signs are fine. So have you got photos of their signs?
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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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