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By rocky_sharma · Posted
Today I received attached letter from country court. It says I need to submit documents to other party and court by 4pm on 7th June. Do I need to submit other evidences as well to DCBLegal apart from my witness statement? (such as original windscreen PCN followed by other letters) Do I need to wait for WS from MET first before I send mine? I will post my WS here for review. Thanks Country Court Hearing Letter - Copy.pdf -
Declare anything you think you might need in your witness statements or have already referred to really. IMO as called to strict proof in your defence the S20 notices are for the claimant to provide -
Also do we send our N265 forms just to the claimants solicitors ? -
By London1971 · Posted
I already have proof that a previous letter was never sent, (See post 28). I'm not the sort of person who doesn't open their mail, I can say without a shadow of a doubt that this letter was never received, if it had of been i'd have been on here like a shot. -
scan it up to pDF dx
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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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