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Hi, everyone. I received a letter from TfL investigator/Prosecutor. The letter reads as follow: ''Thank you for responding to our enquiry letter. Your comments will be taken into consideration when reviewing whis case and we will contact you as soon as we have reached a decision. TfL now consider prosecution against passengers who are in breach of all TfL byelaw offences and I must inform you that further legal action may be taken. TfL byelaws can be found at ... Please do not hesitate to contact me if I can assist you further.'' The letter was sent 23 days after I replied to them. Should I send another begging letter to IAP? I'm extremely scared now. Thanks all. -
yes yes dont say anything -
By Elvis Romerez · Posted
Thanks to everyone who helped me out through all this. We sorted things out in mediation, but I don't think I'm allowed to give details? Once again, really appreciate the support, I'll be leaving a donation as I wouldn't have got anything without the good folk on this forum -
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@BankFodder I know that this post is older but I've never seen this before. Evri is not a legal entity and is a trading name of evri parcelnet ltd? Evri parcelnet ltd? every other time its EVRi parcelnet ltd t/a evri. What happened to EVRi parcelnet ltd? Ideas/thoughts?
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Hello,
On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.
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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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