EVRi Drivers stole approx. 80 parcels and claim submitted, court date issued (Replacement thread)

[skyfella]

I have been asked to start a new thread regarding my plight with Evri.

Link to original thread at the bottom of this post.

Bullet point as to where we are at at this moment:

We run a small ebay business.

Nov and December last year we suffered two days where large amounts of parcels were stolen by Evri drivers and we lost over 80 parcels.

The first we knew about it was when customers starting to complain about not receiving their parcels.

Then there was an article in the local paper regarding the incidents.

We contacted EVRi on the phone, by email and was constantly told that all the cases would be sorted.  It took so long to go through all the cases as we could only do 3 per phone call, despite being told if we send a list they would sort the rest, this never happened.

Eventually, out of frustration we decided to take EVRi to court (before finding this forum).

The press did do an article on our plight and I am sure they would be happy to follow it up if I contact them again

I have attached the claim form and the defence form.

We did mediation, but they claimed not to have enough information to make any offer.

The court case is set for the 6th of September at my local magistrates court.

Please help us as it seems I am out of my depth now!

Below are the articles written:

Investigation launched after huge sackfuls of Evri parcels found dumped in Beacon Road, Chatham

WWW.KENTONLINE.CO.UK

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An investigation has been launched after huge bags of parcels distributed by delivery firm Evri were found dumped in a known fly-tipping spot.

 

Margate shop boss considers legal action against Evri over dumped parcels in Medway woods

WWW.KENTONLINE.CO.UK

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A small business owner who lost thousands of pounds worth of goods when parcels were dumped in a field is considering legal action against Evri.

 

 

367MC316 DEFENCE (1).pdf 367MC316-claim-form-claimant-copy (1).pdf

[skyfella]

I have got an Excel file with all of the items claims cost etc. I will just give it a quick once over before sending to make sure there are no personal details in the file.

Sorry, I do not usually monitor my emails over the weekend, hence no reply.

 

We have not, to my knowledge, had a date to file papers, just a letter from the court stating the court date, which is 6th September,

[skyfella]

Please see attached Excel file 

It is a little messy as it was just for us to track as best as possible what what happening

lost items redacted.xls

[skyfella]

Any update for me to be working on.  Should I ask them to postpone the court date?

[skyfella]

Below are the 2nd and 3rd pages of the court papers, page one has my details and court and date etc so not included

WhatsApp Image 2023-07-26 at 09.53.46.pdf WhatsApp Image 2023-07-26 at 09.54.06.pdf

[skyfella]

Here is page one below

case (1).pdf

[skyfella]

Yes, I understand and truly appreciate the help being offered.

I was not expecting replies over the weekend hence not monitoring, but of coarse I will from now on.

I am not currently in my office so I got the papers sent to me by whatsapp, hence the poor quality, my apologies.

If you think it is a winnable case even after my poor presentation of the facts, then yes, I am happy to pay the court fees and continue.

Once again thank you for your help.

 

With the particulars, is it a simple statement of relevant facts and any other information not quite so relevant is put to the court bundle?

[skyfella]

I am filling details of particulars, how much can I claim for as we have had some claims paid, even if not in full, is it only the difference between the value and what has already been paid out?

Do I need to be specific about all the parcel contents as well as values?

Should the spreadsheets contain as little information as possible or as muchas possible?

Also, is the case name "me v EVRi"

[skyfella]

1 hour ago, BankFodder said:

I would suggest that you have a number of columns –
tracking number
date sent
contents of parcel
declared value
amount refunded
amount outstanding

The Excel file I sent pretty much covers all of that,  the contents is the ebay item number which can easily be searched for, otherwise it will be a very lengthy process filling all the details in(which I will do if you think necessary), and there is a value column and a column showing what, if any refund was received and when we put the claim form in. I can add a line showing what is outstanding. 

The dates sent where 2 specific dates, the 28th of November and the 5th of December, is it necessary to go through every item to include this information(again, I will do if you think necessary).

I have formatted the spreadsheet a little and attached again.

Where can I put the details of all of the stress, aggravation, time effort etc that they caused during this debacle?

lost items redacted.pdf Particulars of claim.pdf

[skyfella]

OK, we are going through the process now of adding item particulars, and will let you know when we have completed.

What will we need to do next?

Is there any way we can sue for compensation for the damage done to our business and time wasted sorting out their mess?

[skyfella]

Also, when we get our court bundle together where are we supposed to send it, as I do not have a correspondent address for their legal team? 

[skyfella]

So, we have now added all the item details to the spreadsheet and completed all the details on Particulars of claim(except first line, "Case Name" which I assume is My Name V EVRi)

So what should be in the "court bundle" along with those 2 items, should there be copies of the newspaper articles, and I assume copies of any emails that may seem relevant, what about phone logs showing time spent on phone and number of calls made.  Not sure what else may be relevant?

[skyfella]

On 28/07/2023 at 15:09, BankFodder said:

Also include references to the unfair Contract terms act 1977 in case they decide to challenge you on the basis that you are a trader and not a consumer.

Just putting everything together, for sections 57 and 72 there is a concise short statement regarding the acts which I have printed, but  the Unfair Contract terms below is a very big file:

Unfair Contract Terms Act 1977

WWW.LEGISLATION.GOV.UK

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An Act to impose further limits on the extent to which under the law of England and Wales and Northern Ireland civil liability for breach of contract...

When you say include reference to this act what should I include, just the opening statement of the act or more?

Thanks