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    • You probably do need to ignore it, but show it to us just in case. Cover up your name, address and anything that could ID you like your car reg. HB
    • Hi all! I've now had a "final notification letter" through from ECP. I assume I should continue to ignore this, but is there likely any action I need to take? Do you need to see a copy of the letter? Thanks
    • Please will you upload the defence in a PDF format document
    • Afternoon All - after 3 weeks of silence, this morning I received an email from HMCTS advising that P2G have rejected my claim. Decide whether to proceed Parcel2Go.com has rejected your claim. You need to decide whether to proceed with the claim. You need to respond before 4pm on 25 June 2024. Your claim won’t continue if you don’t respond by then. This is their ‘defence’ Their defence Why they disagree with the claim When choosing a service on the Defendants website, the Claimant chose to book their order with Evri and selected to take out £20 parcel protection which comes with the service. On the first page of the booking process, the Claimant entered the value of £265 for the contents and was offered parcel protection for loss or damages against their goods for £13.99 + VAT. The Claimant selected no, which then produced a pop up which explained 'We strongly recommend that you protect the full value of your item(s).' however, the Claimant still did not take this protection out and instead continued with the booking process. At the end of the booking process, the Claimant was offered this again which was refused and the Claimant continued with the booking by accepting the terms and conditions which re-iterates the information provided in the booking process. The parcel was sent, however, seems to be delayed in transit. The parcel finally started to track again, however, when delivered the parcel was empty with no contents. As such, the claim was re-opened and attempted to be settled for the £20 protection taken out in the booking process. This was refused by the Claimant as they felt they should be paid the full amount of the value entered when booking. Unfortunately, due to the refusal of the parcel protection in the booking process the Defendant is not liable to settle the claim to the value and only to the parcel protection taken out. The Defendant shall rely on the Terms and Conditions of carriage in particular section 9. The Defendant understands that the contents have not be handled with due care and attention, which is not being disputed, however, they are disputing the amount they are liable to. They have requested mediation, I’m sure not least to drag the case out even longer, but I can see no benefit to me in this and so shall reject it. As ever, I’d welcome your thoughts guys. g59   
    • I doubt HMCTS holds any data on whether arrests by AEAs required police assistance.  They couldn't or wouldn't provide data on how many of warrants issued were successfully executed - just the number issued!  In my experience, arrest warrants whether with or without bail are [surprisingly] carried out with little or no fuss.  I think it's about how you treat people - a little respect and courtesy goes a long way. If you treat people badly they will react the same way. Occasions when police are called to assist are not common and, having undertaken or managed many thousands of these over the years, I can only recall a handful of occasions when police assistance was necessary. On one occasion, many years ago, I arrested and transported a man from Hampshire to Bristol prison on a committal warrant. It was just me and he was no problem. I didn't know the Bristol area (pre Sat Nav) and he was kind enough to provide directions - seems he knew the prison.  One young chap on another committal warrant jumped out of his back window and I had to chase him across several garden fences.  When he gave up (we were both knackered) I agreed to drive by his girlfriend's house to say farewell for a while.  I gave them a few moments and he was fine. The most difficult are breach warrants but mainly in locating the defendant as they don't want to go back to prison - can't blame them.  These were always dealt with by the police until the Access to Justice Act transferred responsibility from them to the magistrates' courts. The fact was the police did not actively pursue them and generally only executed them when they arrested someone for something else and found they had a breach warrant outstanding.  Hence the transfer of responsibility.
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    • 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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Ok a mate of mine has just had one of these letters all edging x y and z. 
 

Its very interesting that he doesn’t use nor has ever used the software yet they have by all accounts sent him a letter saying we have x amount of IP addresses and these Mac addresses, he is pretty computer savvy and checked them blocked all this Mac addresses that could have accessed the networks

 

now could someone explain how with an IP address and a MAC address they could possibly try and pin this on him.

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they can't

 

ambulance chasers wanting free money for their xmas party 

 

lots of threads here about them.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yeah of all the places it’s odd that this is where they all are

 

I suggested he says send me your proof, doesn’t seem like they want to , pretty sure he has a cast iron defence but hes a bit of a worrier I think

 

then when they provide no proof he bill them for his time then sue them for defamation of his good character.

 

Here’s a top tip switch to fusion 360 hit solidworks in the pocket get a license for 500 a year , watch solidworks user base crumble

 

Oh and has anyone seen any case in the UK go to court yet? 

Edited by mikedesign
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please don't encourage silly letter tennis.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi surely if they have a good hand they will be confident of getting a good positive claim in? 
 

it’s almost as if they want to keep their cards closed , though I’m pretty sure they have to outline all the evidence they have which amounts to an IP address 10 Mac addresses and the fact it was used at weekends or evenings which is implausible for starters

 

just out of interest how comparable is this to ACS law?

Edited by mikedesign
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virtually the same as acs.

all the software does is harvests details on the PC upon installation

and then tries to embarrass people into paying.

 

forget about them totally

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Aww I love crap like this though it almost makes me want to go all social justice warrior and see that my mate can get out of it for the aggro and stress , 

 

it kind of feels like these clowns can just run round making spurious allegations and get away with it .

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The point is that some people think they can add "free" software to their computers, which has saved them $$$$.

 

The communications and subsequent online forum posts act as a warning that using software without paying for the licence will lead to demands being received to pay the amount. 

 

In most cases people are going to at least stop using the software, even if they do not pay anything.  It would be pretty silly to continue using software, if the usage is being tracked. 

 

 

 

 

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It seems this company have made out they got some massive contract with DSSW now obviously there’s 5 or 6 posts here which pretty much is all you can find on the www with the exception of the few cases stateside , which doesn’t really tally up unless they’re prosecuting the supposed hundreds of people they claim are infringing their clients copyright in their blurb or maybe everyone settles beforehand using the mediation

 

my question I suppose knowing the guy , knowing what he does for a living , and the fact that unless he’s taken on 10 designers and moved into engineering , which he hasn’t is how they manage to put two and two together despite him basically telling them and it being very easy to prove in court that he has never or ever had a need for their software ,any reasonable person would probably say this is pretty implausible , to just basically try and bully a guy because they have someone’s IP address and MAC address 

 

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