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      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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    • 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.
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      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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Is 19 months on too late to pursue losses against delivery services?


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I suspect this should have been done long ago, but if I am still able to do something then great.

 

Mobile phone sold on eBay in late September 2020 for £195 and sent via Parcel2GO. They lost the parcel and I was out of pocket £195. Open a case and in early November got a standard response of 'no insurace cover/no compensation'.

 

I couldn't be bothered pursuing it because life and everything, but I'm wondering if there is any chance at all attempting to fight them with so much time passed. If there is, great, I will edit this post, if not may as well delete.

Edited by DJ191
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Ok, I understand this will likely now involve LBA and it seems they drag their heels until mediation/a claim going ahead. So.

 

On 06/10/2020, I received £194.42, total cost £201.56 before fees for a mobile phone which I had sold on eBay.
I booked EVRi (now EVRI) delivery with Parcel2GO. The value decalared was £200 and 'parcel protection' was not purchased.

I dropped the phone off at a parcelshop on 07/10/22 and it was collected the same day but stopped tracking ever since. 16 days later & no updates, EVRi admitted they 'couldn't locate' so I refunded my buyer the £194.42.

On 30/10/20 I opened a case with P2G to report a failure of service. On 14/11/20 the claim was rejected and closed, quoted reason 'you opted against taking out parcel protection.' 

Nothing ever since. This was a reasonable time ago, so I no longer have access to the ebay page, but I do have PayPal history showing what was sold, the value, sales venue, assigned tracking numbers, etc. along with my P2GO invoice, case and tracking history.
 
I suspect that the next step will likely be to deliver a LBA to Parcel2GO?
 
Edited by DJ191
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Ok. Complaint typed into letter/pdf but no email to send it to, person on live chat informed me that they only allow 28 days for a claim/28 days further to rebutt their response as per their T&C's. We went round in circles even with heavy persistence and they couldn't provide an email to send it to.

 

I do have the CEO email which I could deliver it to, or could post once I can get to a printer.

 

In the meantime I will trawl past posts re; couriers, draft a letter of claim and post it, and research money claim/particulars of claim

 

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Email/follow on complaint delivered yesterday evening and it's presence acknowledged this morning.

 

I am still reading through previous stories, mostly Evri, a couple of p2g but I am getting an idea of how this will likely go. Fairly confident.

 

Letter before claim drafted ready for the fob off. I've attached it with redactions.

 

As for money claim I have signed up and looked over it. It seems there is two systems, moneyclaims.service.gov.uk and moneyclaim.gov.uk (MCOL) and they differ in layout/usage. Can I use either?

 

Draft notice of claim parcel2go.pdf

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Yes the complaint was denied, Parcel2go are just reiterating their nonsense re; parcel cover as expected.

 

Minor changes to letter of claim to reflect the reason for the complaint being rejected and I've added the cost of the bogus contract. I'll have it sent in the next few days once I get to a printer as I'm guessing an email won't do.

 

Attached particulars ready to go on MCOL.

Parcel2Go Particulars of Claim Redacted.pdf

 

Edited by DJ191
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LBA response. At first they quoted 'the T&Cs' re: to no requirement to compensate, then a 'claim approval' offering £50 + postage come through.

 

Not sure it's a case of p2g feeling generous. I  suspect they are not confident their T&C's would hold up in court and the best course of action would be to press on with this?

Edited by DJ191
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