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    • you mean you did aos on mcol yes? pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.   dx  
    • The Letter of Claim information is not absolutely essential, but it would be useful for two reasons. Firstly, judges take a dim view of companies or individuals who rush to court without giving the other party notice and a chance to settle - the Letter of Claim.  If they didn't send it we could include this point in your defence and it would be detrimental to them. Secondly, we know Countrywide.  They are a very small cowboy company.  The are reluctant to do court, simply becasue they are very bad  at it.  Their record of beating Caggers in front of a judge is exactly 0%.  They have lost every time.  They send the Letter of Claim also to look for people who don't reply, thinking that the person might not reply to a claim form either, giving them an easy default win.  Conclusion - always best to reply to a Letter of Claim and ridicule the PPC's case.
    • Any update here? I ask as we have someone in a similar situation.
    • It's possible.   I suffer from ADHD and also anxiety and depression currently and struggle with paperwork.  I'll have a search around to see if i can find anything.  If they did send something I haven't replied.   I thought there's no way that they will pursue this because I know for a fact i didn't park in a private space and the evidence they have sent is so ridiculous.   What impact does this other paperwork have? Thanks!   I already sent the acknowledgement as i panicked and thought today was the last day to respond.   Then i remembered this wonderful forum.  I'll follow the steps in the sticky next.
    • The particulars of claim doesn’t mention statement of accounts.  Should I include that in the cpr letter?
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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.

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      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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Parcel2Go – Parcel left unattended/ Small claims made/ Goodwill gesture made.


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post the skeleton argument here first

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Hi BankFodder,

 

My Skeleton argument. I've included the judgement by Deputy District Judge Le Bas.

 

One question under ''List of Reasons of Why the Defendant’s Insurance Requirements Are Unfair'' (point 26) - what should I include here?


Thanks again.

EVRI SKELETON PDF.pdf

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Quote

 the rights conferred by the Consumer Rights Act are "rights" and therefore do not need to be bought or paid for in any way. They cannot be separated from the contract but in fact what the courier companies are trying to do is that they are trying to give you an option of purchasing the delivery service without your rights and then for some extra money they are offering to provide your rights.

 

This is specifically prohibited by the Act

 

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Also include the points in this post below but not point ten

 

 

 

 

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  • 5 weeks later...

So you have filed and exchanged witness statements and evidence by date ?  Please post a copy here (redacted) of your statement and theirs for future reference and assistance to others following this topic.


Andy

We could do with some help from you.

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You have not yet received the defendant's witness statement ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Nothing to do with the court unless they miss the filing deadline set in the n157...which was?

 

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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21 hours ago, Andyorch said:

So you have filed and exchanged witness statements and evidence by date ?  Please post a copy here (redacted) of your statement and theirs for future reference and assistance to others following this topic.


Andy

 

What date is on the N57 to exchange and file statements ?

We could do with some help from you.

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Thanks Andyorch,

 

Just realised they should have sent me (and the court) all the documents as per ORDER I was sent.

 

I can't scan and send the order as at work. So just copied and pasted below part of it. 

 

2 Send all of the documents that are relevant to your case to the court at the above address, also send them to the other side. Both parties must do this. These documents should be placed in date order and should be numbered in the bottom right hand corner.

You should include the following documents if available:

 A copy of the contract/agreement

 Relevant correspondence, including text messages and emails

 Photographs

Before 4pm

10 August 2022

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And you complied with that date and the claimant has failed ...or maybe filed with the court but not sent you their statement /evidence.

 

Check with the court see if they filed with them .

 

 

 

.

We could do with some help from you.

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If they have filed and not served then its important to ask the court to put a note on the file...if they have failed to file and serve altogether then you could consider asking the court to strike out their defence.....as per the guidelines within the Notice of Allocation.

We could do with some help from you.

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Now if they try to serve statement/evidence late its important you ask the court to dismiss or better still strike out their defence.

We could do with some help from you.

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