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Morning guys As Bank suggested, I've now re-worked my POC to include details of my parcel's original loss, miraculous rediscovery a month later and subsequent delivery, albeit having been opened and the contents removed. Grateful for your thoughts please, as (P2G having gone very quiet) I intend to initiate court proceedings against P2G tomorrow - 1 May. Claim Claim number: xxxxx Reference: P2G MAY 2024 Claimant xxxxx Defendant Parcel2Go 1A Parklands Lostock Bolton BL6 4SD Particulars of Claim The defendant failed to arrange for the safe delivery of the claimant's parcel containing 8 second-hand golf clubs (valued at £265) that was sent to a UK address using their delivery service (P2G Reference xxxxx). The defendant contracted Evri to deliver the parcel (Evri Reference xxxxx) and whilst Evri collected the parcel for delivery on 18 March 24 they then ‘misplaced’ it a day later, formally declaring it lost on 27 March. On 16 April they found it and delivered it on 17 April but, at some point before delivery, it had been opened and the contents removed . The defendant refuses to reimburse the claimant on the grounds that the claimant did not purchase their secondary insurance contract. The defendant seeks to exclude their liability in breach of section 57 Consumer Rights Act. The secondary insurance contract is also in breach of section 72. The claimant seeks reimbursement of £265, plus P2G fees of £9.10, plus postage costs for two first class letters to P2G of £2.70, plus court fees, plus interest. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxxx to xxxxxx on £276.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxx Details of claim Amount claimed £276.80 -
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Odd one this, I recieved 2 notice's for the 18th and 19th April stating that I overstayed on Wigan Robin Retail Park. Permitted Minutes 180. They state I was there 355 minutes on the 18th and 388 minutes on the 19th. Both times I was there around 10 minutes getting my wife a brew from costa after dropping the kids off at school. On both days I had passed through there a second time around 3pm, again to get a brew then left. Both notices have 2 images each, Entrance and exit. This is the interesting bit. The Entrance images both timestamped actually clearly show I am exiting the retail park not entering it. And the exiting images they provided show me leaving the carpark after visiting a second time later in the day. In the attachments You'll see all 4 images show that I am exiting, none of them are of me entering. I understand most if not all that see this post won't know the area but if the look at the map link i gave you'll see the road I was on leading up to the main road. g24 ltd 1.pdfg24 ltd 1.pdf GoogleMap view of the road I am on in the entrance images I would have had dashcam footage but I since formatted the memory card. I tried recovery tools but I couldn't get the files back. -
An update: I just got another PCN. I get the feeling that someone in the residence is calling OPS, as it's dated for a few mins after I parked. I won't appeal of course. Interestingly, our cleaner was also parked but didn't get a PCN. I asked them why and apparently they're whitelisted. I did ask the MA if they could whitelist me and they said they couldn't. Clearly they decided not to tell the truth. Surely, this would resolve all of the issues entirely i.e. we'd keep non-residents from parking, whilst allowing for residents to park without issue? Also, could OPS now take me to court for both PCNs separately, or could it be one case? -
I was with sse broadband until Jun 2023 at which point without notifying me they passed me to origin broadband who I was unaware is my supplier now - My broadband at home kept working and I was under the impression that sse are taking direct debit payments from my bank account and everything is fine because the Internet has continued to work. To my horror I have just noticed that origin broadband has been sending me PDF bills for £39 a month and the email heading has been showing as just no reply so I thought it was junk and never bother to check it. I have now noticed a bill every month and now I owe them some £350. I did instruct origin to supply me Internet and therfore don't feel responsible for this debt. What are my rights and is it a legal debt considered I did not sign any agreements with them - their first contact with me tho was very clever back in July 2023 trying to lure me into an agreement however because I just saw that email now I'm not sure what to do because I owe them 400 pounds nearly supposedly at 39 per month. Our agreement with sse was for 26 per month but they shut shop and passed us to origin without asking our consent. The following is what origin email said back in July before they stated sending invoice every month for payment. We hope you're enjoying your reliable phone and broadband with us. We're just letting you know your phone and broadband package will end on 30 Jun 2023. Thankfully, good things don't need to come to an end - read on to decide what you want to do next. Below you'll find the details of your current package and some other great options to compare it to. What can I do - shall I just pay the debt and cancel it and move elsewhere or is there any way I can fight this as they are more or less enforced upon us with out permission by sse who most Likly sold our accounts to them. Any help greatly appreciated
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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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