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Thank you. I will send that off now -
Daft question - but you filed the defence on-line on MCOL as dx indicated, right? -
We looked up the e-mail address so communications would be in writing. If you do stuff on the phone the other party can just deny the contents of the conversation. They can't deny what's written in an e-mail. So time to sort Pete out. Check the following for accuracy and change anything I've got wrong. Then e-mail Pete this evening. I was thinking of threatening the pub with legal action but let's initially be nice. Dear Pete, Re: PCN no.XXXXX, claim form no.XXXXX on 23 July 2022 I was a customer at your pub and I attach proof of purchase. I was picking up my cousin Ms XXXXX and her family as she was working as a cook with you at the time. I entered the pub through the back door, went to the bar, and ordered a drink and a meal. At no point did any bar staff alert me that I needed to add my registration number or did I see any signs advising me to do so. I then took a seat outside in a small seated area so I could chat to my cousin while waiting for her to finish work. We were joined by the management of the pub and bar staff during my time waiting I was shocked a few days later when I received a demand for £100 from Civil Enforcement Ltd. i contacted the pub and was told "don't worry, it's not enforceable". Well, that information turned out to be nonsense because I have now received a county court claim form from CEL. I contacted the pub again on XXXXX and was extremely disappointed to be told "there's nothing we can do". Of course there is something you can do. You are the organ grinder. You called CEL in. You can call your dogs off. Your pub has absolutely superb reviews on Google Maps regarding the way in which you treat guests. Do you really think customers should be dragged to court? I'm sure you don't. I am therefore requesting that you intervene and instruct CEL to cease court action. Yours, XXXXX
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Thank you - Defence has now been filed Doc_20240501_182920_Redacted.pdf
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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.
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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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