Parcel2Go & EVRi Loss - court claim issued **SETTLED BEFORE HEARING**

[supernick90]

It's not a case of being generous. And there is some middle ground between being paid over a period of 40 years, and giving them 3 weeks to pay in full.

 

The advantage (to my view at least) was the same as suggesting i'd be willing to go through mediation. To appear reasonable and increase the likelihood of succeeding if the case went ahead in court.

 

Wanting to appear reasonable because despite a CCJ being filed, there may yet be a defence filed before it is issued, and there may have been a postal defence yet to be processed.

 

I'm almost certainly wrong, but it doesn't make me any less likely to be paid, so it's only a minor misjudgement.

Edited February 8, 2021 by supernick90

[supernick90]

Email received just now stating:

 

We’ve passed your claim to County Court Business Centre.

From now on, you should send any forms, letters or other documents to this court and contact them with any questions you have.

Sign in to see the court contact details: https://www.moneyclaims.service.gov.uk/dashboard

 

What does this mean? Good or bad?

[supernick90]

1 minute ago, BankFodder said:

Well maybe you should give them a ring and see what's going on.

Sorry to say, but it could have all been so easy.

 

I don't think this is related to not demanding immediate payment.

[supernick90]

A full defence has/had been filed. Thus no default. I believe it had been in the post but not processed.

 

I have attached this, but its basically the standard rationale of me not having opted for premium protection.

 

They also note in their defence "The Claimant has no real prospect of success as liability is excluded by the Defendant's standard Terms and Conditions which were agreed by the claimant".

 

Fairly sure that statement is erroneous and their terms and conditions don't get to mandate whatever they like if it's unlawful.

 

I now have to complete an N180 Directions Questionnaire and the deadline has been extended to 08/03/21.

 

Suspect my prospects are substantially slimmer at this point.

def.pdf

[supernick90]

I also note that they seem to imply that no Letter Before action was received.

 

It was sent recorded delivery, although I don't know if I can now evidence this, which is my own fault. I will have to confirm this once lockdown has ended as the relevant tracking number will be at my place of work .

[supernick90]

That's reassuring.

My only concern is at this point, particularly with the courts operating remotely, they have committed time and resources to filing a defence.

 

There is little reason not to defend themselves in court, considering it's much less arduous at present.

 

Although perhaps they wouldn't want a precedent to be set and on record for future similar cases.

 

I don't know. Will file the 180 and see what happens I guess.

[supernick90]

Not sure why you assume I haven't read other posts. Not particularly referring to the particulars of my claim, as we all know it is justified as are many of the others. Although I note there isn't that much consistency in outcome, so it's evidently case by case.

 

My point relates to relatively recent measures whereby attending a court hearing is much less onerous for defendants due to being done remotely.

 

Therefore, while in better days they may have not wanted to spend the effort travelling to court for a small amount, it is much less of a commitment to remotely attend. Then it's up to whoever sees the case and their interpretation of the law/relevant legislation.

[supernick90]

I have read the page on mediation, but wanted to clarify a few details.

 

I have been given an arranged time for the mediation call. The email from the court states:

 

"for mediation to be successful, you would need to be willing to negotiate on the amount of the claim and have a degree of flexibility".

 

Should I have to give up ground? At this stage, I feel I am owed what I have lost, and what the claim has cost me, not to mention my time. The email says if you aren't willing then mediation is unsuitable.

 

It then also suggests:

 

"It is crucial that you are able to briefly and accurately explain your claim or defence. It is vital that you have prepared for the mediation by putting together a brief summary of your opening position. Only the key points are necessary at this stage as the longer the time taken discussing the disputed issues will reduce the time available for exploring settlement options."

 

I am of course aware of my opening position - that they were negligent and lost my item and thus I believe I am due recompense. However, I am not certain of the legal particulars of my argument.

 

Furthermore:

 

- Should I mention that the defendant may not wish to proceed to court as it may support a precedent for others in a similar situation to also claim against them?

- Are there any other things I should be mentioning to the mediator?

 

Appreciate the guidance.

[supernick90]

Thanks for the swift response. Will continue to read around.

 

I have a date of march 10.

[supernick90]

Spoke to the mediator. I outlined my points as much as I could, although felt rushed for time.

 

I made it clear the amount was negligible to me, and i'd risk it to go to court and set a precedent which may cost the defendant substantially more in future were a judgement to go in my favour. Referred to the consumer rights act (65.2 etc.)

 

When asked whether i would be flexible which is a mandatory term of mediation, I suggested the flexibility i was offering was that i would not go to court if they settled my claim in full. Which I expect was playing a bit fast and loose with what they mean by flexible.

 

The offer was £75 as a goodwill gesture. I rejected this. They are apparently happy with their legal position and their contract.

 

It's therefore likely to proceed to court unless something happens in the meantime which I doubt.

[supernick90]

 

It's now just an issue of principle - £200 vs £75, neither is going to have a huge impact, but I've come this far, so will see it through.

 

Thanks. You advised all of the above to me in terms of what to tell the mediator. Familiar with the principles, and the judge potentially pronouncing on the fairness or otherwise of the contract which may result in multiple future cases and retrospective cases for Parcel2Go.

 

I wasn't able to say everything i wanted to the mediator, about making sure copies of the judgement were circulated on social media etc., although I imagine Parcel2Go understand that's always a risk.

 

Any thoughts on when they are likely to try and settle (if they are to)? Would it be after a court date has been issued? They seem to have left everything to the last minute up until this point.

[supernick90]

 

Yes, the areas of the Consumer Rights Act and the schedule 2 noted about the bargaining positions of each party and suggests taking into account alternative means by which the consumer's requirements could have been met. As you say, they all have the same contract, so short of delivering it myself I have no option.

 

Re: precedent, i didn't realise this was a specific legal term. I just mean there will be a piece of evidence for future claimants to use. A judge ruling the contract was unfair presumably wouldn't mean they had to permanently change it, just that in this instance my claim is valid.

 

I am frankly happy to forgo the £75 to "beat" them and to achieve this aim of having evidence for similar cases. Had they offered me a higher amount I may have settled, but I consider that to be derisory.

Are there many notable court cases on these forums of people proceeding all the way to court specifically against P2G and winning? I couldn't find many, most seem to be directly against the underlying couriers?

[supernick90]

 

Today was the mediation. They offered around 40% of my claim which I rejected.

 

Yet to hear about court date. I imagine it's going to be done remotely via video conference. Will keep you updated.

[supernick90]

I feel I wasn't able to get all my points across to the mediator as was quite rushed. Points which may have encouraged P2G to give me what I have asked for.

 

I have an email address there specifically relating to court cases. Is there any reason I shouldn't email them to follow up and outline my whole argument, as these valid points may have an effect.

[supernick90]

Finally an update. There was a lot of issues with the court, but I received a letter stating that I will be having a telephone hearing initially.

There is no date listed, nor much advice as to what I need to submit. It has been a month since I received this letter and I have not been given a date.

 

I have also had a lengthy "Court Bundle" via email from Chelsea Walton at Parcel2Go. It includes a witness statement, and many pages showing their booking process as their argument hinges on acceptance of their terms and conditions.

 

I imagine I will also need to do likewise, although mine will be shorter due to the simplicity of my argument.

[supernick90]

here

Court Bundle.pdf

Edited October 29, 2021 by dx100uk
unnecessary previous post quote removed

[supernick90]

In my case there were issues with the courts losing my documents, so it's taken a long time - well over 6 months.

I don't think this is normal however. I now have a court date and am preparing the document detailing my argument.

[supernick90]

The letter from the court suggests both parties should make every effort to settle before the court date.

Therefore to show willing I emailed the defendant suggesting it was a strange risk for them to take for the sake of £125, as if I were successful it may lead to numerous similar claims.

 

I expect nothing, and likely didn't need to, but at least I have made contact.

[supernick90]

Update:

Following my email for settlement, they increased the £75 offer from mediation to £102.50.

I rejected and outlined why it made no sense for them to risk losing for a potential saving of £72.50.

I offered to settle for £5 less than the item value - i.e. £175.

I expect this would never have reached the court, and I could have settled for the full amount, but my time has a value also.

Thank you for your ongoing help in the matter, and I apologise for not seeing this through to court.

I suspect i'd have been less weary with the process if it hadn't taken a year, with the court losing my documents on 2 separate occasions and various other issues.

[supernick90]

Yes. I proposed the figure.

 

The item value was 180 and I have already had postage charges refunded.

 

I'm content with it.

Edited October 29, 2021 by dx100uk
unnecessary previous post quote removed

[supernick90]

 

I made my claim against p2g not hermes. Since my contract was in effect made with p2g.

Edited October 29, 2021 by dx100uk
unnecessary previous post quote removed

[supernick90]

It will always be that way. Parcel2Go is just an intermediary they don't have their own couriers.

 

It's identical to my situation. I made my claim against P2G. I had no direct contact with Hermes, hence P2G being more logical and on bankfodders advice as seen earlier in the thread.

Edited October 29, 2021 by dx100uk
unnecessary previous post quote removed