Evri lost my Ebay parcel £844 - court claim issued ***Judgment***

[occysrazor]

Thank you for this detailed response, and appreciate you are responding while busy. 

In response to your points:

• In regards to the £25 and £4.82 paid by packlink, in my witness statement, it is clearly explained that this amount of £29.82 is not in dispute.
• I agree with you that I will focus on claiming under the contract you have with EVRi as you entered into a direct contract with them according to packlink T&Cs. 
• I also agree that I will focus on terms 3b and 3c of the Packlink T&Cs and apply rights as a consumer, and use the third party as a backup if required.

 Does it mean a new witness statement will need drafting to send to the court / Evri? 

As per my previous post #246, I am thinking of sending an email to Evri and the court, that I have already sent my WS to them by post/email and attach the email that was sent last weekend to them containing my WS.

In the email, is it worthwhile also telling Evri that I will be making a point to the judge that:

• the Packlink T&Cs provided by Evri in their witness statement clearly explains in terms 3b/3c that when a transport agency (Evri) is chosen by a user (myself), a contract is formed by the user and transport agency. Therefore, Evri's view that there is no contract is flawed, as under the T&Cs, there is a contract formed when I chose for my parcel to be delivered by Evri via Packlink.
• Evri's own T&Cs also state when a parcel is sent with Evri, a contract is formed between the sender and Evri.

Happy to get any more thoughts on the above and then I will send the email either tomorrow or by Monday. 

@BankFodder I have provided the screenshots and information you requested in post #248. Please let me know if there is anything you want to add to the above, before i send the email out to Evri and the court.

FYI - Court date is in 2 weeks on 7th June.

[occysrazor]

Hi all,

Just wanted to ask if there's any update/thoughts on Evri's defence (attached in post #246) and whether I should contact the court and Evri to explain that in addition to the 3rd party rights,

I am also highlighting that the packink T&Cs which Evri provided in their bundle, details that there is a contract in place between a user (myself) and a transport agency (Evri) and therefore I am also claiming under the consumer rights act 2015?

I'm thinking of sending an email to the court/Evri, but am not sure how I would add this as an amendment to my statement and court bundle which has already been sent to the court and Evri, and especially as the filing deadline has passed (was 24 May 2023).

Any thoughts/suggestions are welcome.

Thanks

[jk2054]

Hi,

im actually quick for once because its a bank holiday so no work

anyway you dont need to write to anyone. Just bring it up at the hearing.

 

evri read this thread

judges dont read emails

 

so nobody gains anything extra from any email you send.

 

Just leave it it’ll be ok.

 

Is your hearing this friday or next.

 

might come see it if its near

[occysrazor]

Hi, thanks for letting me know. 

I was just thinking that during the court hearing, how do i to refer to consumer rights act if the extracts are not in the court bundle that i submitted?

@BankFodder's  response last week suggested that I would need to send something additional to the court, so am trying to confirm if there is anything I need to send to the court / Evri.

Its next friday 7th June. Sure, its in Leicester. is that near to you?

Edited May 27 by occysrazor

[jk2054]

judges will know the CRA.

They can look it up if they need to

Same with LPC (who will represent EVRI)

You don’t need to send anything else to EVRI or the court no.

Leciesters not really near but its not too far and unis out so might as well.

what time is it may I ask?

[occysrazor]

Ok thanks, in the mean time i'll continue with my prep work.

The hearing letter says to be at the court before 10am but there isn't a specific time slot given, so could be anytime from there until 4-5pm.

 

[jk2054]

can you post the hearing letter please

[occysrazor]

Hearing letter (redacted) attached

Just re-read it and it says the case is listed in back to back small claims list which are block listed at 10am and 12pm before a number of judges.

Letter does go on to state that the case might not be heard until the afternoon, and there is a risk there will be insufficient time on the day for the judges to hear the case which could mean adjourning it to a further date.

Hearing letter redacted.pdf

[jk2054]

it says 10am just above that so it should be at 10

[occysrazor]

I just thought that was the starting time of the block listed cases, rather than a specific slot.

Either way i'll make sure to be at the court early and as per the instructions in the letter

[jk2054]

Yeh might come to this one if you dont mind. Not super far from my accom

[occysrazor]

Sure, got no issues with you coming there

[occysrazor]

Just an update - received a copy of Evri's WS/court bundle in the post today. No different to the one provided by email previously - see attached

 

Evri Witness Statement Redacted v1 compressed.pdf

[jk2054]

they just sent it by post because you did.

 

just copying.

[jk2054]

on friday you should get an email with evris cpr 27.9 notice

Edited May 29 by jk2054

[occysrazor]

Will keep this thread updated if i get any further correspondence/updates from Evri.

[jk2054]

Did you get the notice of non attendance for the final hearing? 

 

CPR 27.9 notice?

[occysrazor]

Hi, no I haven't got any notice

[jk2054]

That’s interesting we normally see a notice for non attendance

[jk2054]

anything from them?

[occysrazor]

Hi, nothing received.

I have been spending evenings and last weekend preparing my case to present to the judge.

Feeling a bit anxious/nervous, as I want to ensure I've covered all bases and dont leave any opportunity for a rebuttal

[AndyOrch]

(2) If a claimant does not –

(a) attend the hearing; and

(b) give the notice referred to in paragraph (1),

the court may strike out^(GL) the claim.

[occysrazor]

I did note that in other cases where they weren't attending the hearing, they did provide a notice beforehand.

I guess my case is the one they want to challenge on and as they haven't given notice, they are likely to attend

 

Edited June 5 by occysrazor

[jk2054]

might be your close I’ll check or maybe they stopped giving notice if an adovcate is going to attend because they dont want a reapeat of last time

Edited June 5 by jk2054

[jk2054]

its 2 hours so actually im not sure what they’re doing.