Jump to content


  • Tweets

  • Posts

    • I know this thread is a few weeks old but it seems to me that just because Shiply only has a service address doesn't mean you can't enforce against them (although it is more difficult). They definitely have a bank account, so you can apply to have the money taken out of that bank account directly by way of a Third Party Debt Order, once you have a judgement against them. I only mention for completeness in case someone reads this thread in future.
    • did the judge in yours even look at that judgement one bit 😭
    • Hi all, Evri have lost a £60 parcel I sent on ebay with a label purchased direct from Packlink (through ebay) without any "insurance". I'm acting as a consumer (non-business) seller but am also legally qualified, albeit currently not practising, and without any significant professional experience of disputes or consumer litigation. I'm therefore on the level of a reasonably-well-informed non-specialist. I see this extremely helpful forum is all about holding Evri to account so I thought I'd post here. I intend to issue a small claims court claim against them in due course. My initial query is do Evri have a working email address so I can serve the letter before action on them (as well as by post)? My other initial thoughts: - When one purchases a shipping label direct from ebay,  you currently see Packlink's terms and conditions but NOT Evri's terms and conditions. Packlink's terms do make reference to the existence of other terms and that you accept those terms, but they are not disclosed. I imagine that Evri will struggle to enforce it's limitation of liability given that these weren't disclosed prior to purchase. When purchasing the label there is a comparison table saying for Evri "Compensation: Up to £25" but without explanation (even in the small print) of what this means. - Packlink's terms also suggest that you are entering into a contract with Evri directly. If accepted, this potentially avoids the need to establish standing under the Contracts (Third Party Rights) Act before suing Evri. - It also seems to me that a negligence claim against Evri may have some merit, and doesn't require establishing any contractual nexus. - Although Packlink's terms say ebay isn't a party to the contract, I'm considering whether they can be brought into the claim somehow.  Finally I appreciate this isn't a particularly cost effective use of my time, however, this is personal and I want to hold Evri to account. I'll keep this updated as I progress! Thanks
    • At a guess, your wife is the registered keeper? That's why she's getting all the mail. The only way to have taken her out of the loop would have been to out you as the driver on their stupid paperwork at the beginning of all this. Unfortunately, that would also have thrown away some legal protection under POFA, so it's fortunate you didn't. You haven't uploaded any of the paperwork they've been sending, but they've probably been "adding" unlawful amounts to the invoice. Does it by any chance now stand at £170? Also, have you been sent a "letter of claim" yet? This is something you really cannot ignore! If you're serious about fighting this, you really NEED to start engaging with the thread properly. Also, importantly, the forum is primarily self help... read other threads here to educate yourself on the way these things pan out. We will offer all the help / advice needed, but it tends to be very time consuming, constantly re-explaining things. We're all volunteers and only have so much time to devote.
    • So for the reason in Box D i left the UAE due to the company i worked for stopped paying me -  they still owe me funds in the way of remaining unpaid salary, gratuity, un-taken vacation leave and unpaid flight ticket costs. At the time of leaving these would have covered the balance of the credit card.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • 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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • 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
        • Like

Vehicle Control Services Privacy Notice, Brooke Retail Car Park, HA4 0LN


Recommended Posts

22 minutes ago, Danimal said:

I gane them my name and email/phone number but not the vehicle reg.

 

none of which can hurt you.

there is no ref no. specific to you on the PN you got so only your name could ever be matched by them to any subsequent incident once they get car details from the reg number the spycar took when issuing the PN back from the DVLA..> don't worry about it . POFA is still OK>

 

as for reverse or not trespass, i don't think there has ever been a court case upon that issue. its just a frightener to make people cough up.

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... 

Link to post
Share on other sites

I have a somewhat unique name! I can guarantee I will be the only person with that name getting this. 

 

 

I have read of the case VCS vs Ibbotson which seems similar - Leaving the property.

 

Once I receive the first angry red letter - Is it a good idea to write them explaining their lack of signings makes me not liable and showing them photos? or does this wait?

Link to post
Share on other sites

no you never reply until/unless you get a letter of claim.

 

 

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... 

Link to post
Share on other sites

That letter to them revealed that you were the driver-something that you should not do. Now they know you are the driver you lose the protection of PoFA so they can go ahead and sue you as the driver. it isn't fatal but it makes it easier for them to win in court should it get that far.

Link to post
Share on other sites

if you are the registered keeper as well as the driver on that day, then they may marry up your query and the keeper's name. If you are not the registered keeper then you might be ok. In future if you contact any of these parking crooks do not use "I" say the driver  so you do not risk losing the PoFA protection.

Link to post
Share on other sites

what you put in the contact box is immaterial, there is no ref no on the windscreen PN, there are no times and dates when it was put there.

they can't marry anything up nor even if they could does it remove protection under POFA2012.

 

 

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... 

Link to post
Share on other sites

what does?

 

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... 

Link to post
Share on other sites

The communication I sent them via the contact us slip:

 

'I was parked in xxxxxxxxxx yesterday. I understand there is a time limit and I did not exceed it. Received a privacy notice and have no clue why.'

Link to post
Share on other sites

  • 3 years later...

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...