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By Badtimes123 · Posted
Righto. I will contact them, do I ask for the named solicitor? What do you think of stating: As a means to avoid further litigation, I would like to make the following offer of settlement: A Tomlin Order for £6500 (which is the amount they randomly mentioned at the start of mediation). Lump sum of £1500 and 96 months of £52ish In the meantime, should I submit a WS for this claim given the looming deadline? -
By LouLouDev79 · Posted
Thank you so much for all of your help, I will amend my WS as you suggested and get it sent off this afternoon. Then I guess I just have to sit and wait until the hearing and hope I get a sympathetic judge on the day! -
Then that would be a point to verbally introduce at the start of the hearing when asked to speak...then go into your statement. -
On the recommendation of Dave, I took the SAR template from CAG and scanned it over and adjusted the information relevant to this matter and sent it to my brother to print, sign and send. He signed it with the same signature he has on his provisional licence and he scanned and printed a copy of his provisional licence to prove identity/address. Sent that tracked and then they responded with the most generic letter I've seen. Clearly, they've anticipated people might do this and came up with nonsense. They want proof of ID when we already sent proof of ID. Surely they're digging themselves a ditch at this point? SAR ECP.pdf WhatsApp Image 2024-04-30 at 21.32.28_c5d300c1.pdf -
By LouLouDev79 · Posted
Thank you, that makes sense. In terms of the additional directions, they were about 2 weeks late and only half of the things requested were included in their bundle.
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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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