Shock !!EVRI has lost my parcel PS5 - court claim issued

[BankFodder]

Yes that is the format that you should be using.

I think that the MacBook version must pass me by because if I had noticed it I would have discouraged its use. (I suppose someone is going to say that I did read it and gave it an okay! – I hope not!!)

I may be wrong but I have a feeling that the MacBook case was settled out of court because eventually EVRi took fright and realise that they were on a looser and decided to avoid getting a judgement against them so they preferred the payout after wasting anybody's time.

This is what EVRi does.

I have just started reading through somebody else's court bundle and broadly you should be following this format which I think is the format you have already referred to in your previous post

 

 

[Mickgibbons1]

Perfect. Yes, that is the one I am talking about. Honestly, I have read a lot; I think too much as I sometimes confuse myself. Someone did say in the post to use the mac, but i did like the other layout better.  I will sort a new witness statement out and change around the index ASAP.

Thank you for reverything

[Mickgibbons1]

Bank in the Particular of claim we stated that we will rely on at least 3 judgements decided in County Courts that conform the claimants position. Please can you list those judgements when you get 5 minutes.

 

I have rejigged everything and now doing my witness statement

[BankFodder]

They are all included in one of the pin threads above.

I sort of expected that you would be familiar with all the material by now

[Mickgibbons1]

Bank 

 

Please find attached draft one of the Court bundle claim budle.pdf

What do you mean pinned threads? I have read a lot, just some direction would be brilliant. 

[BankFodder]

At the top of this forum there are some fixed threads – which never move. They contain information on various issues including one on parcel delivery insurance.
If you work through that thread you will learn a lot of interesting information and towards the end you will find that the judgements you're looking for are available for download.

 

[Mickgibbons1]

seen, im being an idiot. 

 

I'll look through them now and then send which case I think relate to me. 

[BankFodder]

If it's a question of insurance in all three cases relate to you.

[Mickgibbons1]

I agree, especially Tillyer, as they are trying to limit their liability; they also had insurance for their parcel.  

I have read all their cases and considered Bradfbury and Farooq, but I do not think they offer anything for my case. 

 

I will add all three cases to my Bundle

[Mickgibbons1]

Please find the Court Bundle draft version 2

 

claim budle_v2.pdf

[BankFodder]

Paragraph 7 The Defendant amount of full cover which you have taken out for a parcel, if at all

start of the second person finishes in the third person – this is to be taken out of context. You need to say what this is

 

Paragraph 12 and?or negligence.

Quote

 

Previous reported cases

15. PENCHEV VS PARCEL2GO

16. SMIRNOVS VS PARCEL2G

17. TILLYER VS PARCELHERO

 

this is not in the correct place. This is evidence to support your arguments. Your arguments should be in the witness statement and references to the cases should be made during the argument and pointed to the place in the bundle.
 

 

Paragraph 18 18. The Defendant sold addition insurance to the Claimant for cover of £495.

Paragraph 23 – you should include a screenshot of this and include it as part of the evidence in the bundle and refer to it in this paragraph 23

paragraph 25 The Defendant is also attempting to reduce…

Paragraph 26 ... and  but regardless of this the defendants their insurance product
is unlawful in any event as it seeks to exclude or limit liability contrary to section 57 and section 72 of the consumer rights act.

Introduce a new paragraph 35 – the defendants have so far been unable to produce any judgements that any level which conflict with the three judgements cited above.
It is accepted that the three judgements above are not binding on the court that I would respectfully request the court to take note of the consistency of approach and decisions by the judges in those cases

General Considerations – where did this come from? If you're going to use this then you would need to include a copy of the article from the newspaper. It's not really authoritative but I suppose it is interesting.

 

Let's have a look at version 3

[Mickgibbons1]

Please find the Court Bundle draft version 3

The Telegraph article was used in Brumjeet Wadhwa v EVRi Parcelnet Limited Trading as Evri. While i have no proof it was stolen i thought it was an interesting article and could apply to my case

The truth about Evri’s missing parcels and bad service – from the staff who work there

WWW.TELEGRAPH.CO.UK

---

Whistleblowers reveal what goes on behind the scenes at the problem-plagued courier

if you don't have a Telegraph account, I can screenshot it and send it here.

claim budle_v3.pdf

[BankFodder]

Paragraph 13

Quote

– Mr Christopher …. Was the competition organiser and dropped off the parcel with
agreement number C00. Mr Christopher at no time entered into a contract with the
Defendants courier service.

Where is this reference from? If it is reference from a paragraph in their defence then we need to refer back to that.

For instance –
at paragraph XX of the defence, the defendant attempts to deflect liability to the claimant on the spurious basis that they were not the contracting partner: –
Mr Christopher …. Was the competition organiser and was simply kind enough to drop off the parcel  the parcel with
agreement number C00. but was not the contracting partner  and the defendant is fully aware of this.

Something like that

Can you remind me – did you purchase insurance? What was the reason for refusing to reimburse you? Was it the no compensation list?
 

[Mickgibbons1]

Evening,

 

I will look at the paragraph, but yes they are trying to say in their defence the shipper was someone else and they had the contract. Ill rewrite and link.

 

yes we purchased insurance for £495 and they refused to reimburse as its on their no compensation list

[BankFodder]

Please can you identify the paragraph in the defence which tries to say that you are not the contracting partner and also please can you copy the words used into a post.

[BankFodder]

10. Clearly the Claimant was the defendant' s contracting partner and the sender of the item because they organised the carriage and is they who and entered into the agreement with the Defendant under agreement number C00. The invoice in the claimant's name evidence is included in the court bundle (at location of document).

The defendants assertion that it was the competition organiser who was the contracting partner is clearly an attempt to derail the claim against them. It is untrue. The defendant has no evidence to support their position and the attached invoice (at location XX in the court bundle) shows clearly that the defendant's contract was with the claimant and that the defendant is fully aware.
It is a matter of concern that the defendant has signed a statement of truth that states otherwise.

I'm a bit mystified why you are at your paragraph 22 trying to say that the defendant is also relying on a no no compensation list. If you paid insurance then it seems to me that that is the principal reason for trying to deny your claim.
What do you have have to say about this?

[Mickgibbons1]

Yes of course. 

First—Paragraph 13. They mention the shipper took out the contract with EVRI on three occasions before identifying the shipper as the person who dropped off the item. 

"2.7. 6. Pursuant to the terms of the Contract, on or around 9 November 2023

the Shipper dropped the Parcel off at one of the Defendant’s ParcelShops in

anticipation of delivery to the recipient." 

so i will link this to Para 13.

I will now do the other bits about the contracts

[Mickgibbons1]

Contracts 

2.17. 13. The first paragraph of the Particulars of Claim is neither admitted nor

denied and the Claimant is put to strict proof. It is denied that the Claimant

used the Defendant’s courier service. The Shipper entered into an agreement,

with agreement number C00HHA0425558948 for use of the Defendant’s

delivery services. The Claimant is not the Shipper in relation to the Parcel.


 

2.24. 20. The twelfth paragraph of the Particulars of Claim is noted. The

Defendant would like to reiterate that the Claimant has entered into no

agreement with the Defendant in relation to this Parcel. The Defendant has

entered into an agreement with the Shipper who is not the Claimant in this

case.

[BankFodder]

They are insane.

The people who drafted this really wouldn't get a job as a paralegal any other company.

So what you have to say about my comment about the position of your paragraph 22?

[Mickgibbons1]

I'm a bit mystified why you are at your paragraph 22 trying to say that the defendant is also relying on a no no compensation list. If you paid insurance then it seems to me that that is the principal reason for trying to deny your claim.
What do you have to say about this?

my thought process was that they were using the no-compensation list to deny my claim by saying my insurance is invalid

[Mickgibbons1]

I've made the changes above and uploaded it so I do not lose myself. claim budle_V4.pdf

[BankFodder]

The defendant at various points in its defence from paragraph 2.19 to 2.21 attempt to justify its unlawful or unfair practices on the basis that they are apparently in line with "standard industry practice".
2.19 of the defence… "Limit of liability for loss or damage parcel… In line with standard industry practice" even though this is contrary to section 57 CRA 2015
2.20 of the defence… "The defendant offers full colour policy in line with standard industry practice" even though this is contrary to section 72 CRA 2015
2.21 of the defence… "Defendants non-compensation list… In line with standard industry practice" even though this effectively is contrary to section 57 and section 72 CRA 2015.
The defendant is effectively arguing that the Consumer Rights Act 2015 and other parliamentary legislation is subordinate to standard industry practice.
Despite this, at paragraph 2.22 of the defence the defendant refers to 3 judgements which have been provided to them and which are included at (XXX and XXX and XXX of this bundle) and says that they are not binding.
It is accepted that these judgements are not binding. However they may be persuasive but the defendant appears to be saying that these County Court judgements are also subordinate to standard industry practice.

The no compensation list
The Defendant operates a no compensation list which effectively runs contrary to section 57 of the Consumer Rights Act 2015 by identifying an extensive list of items which they say they are prepared to carry but in the event of loss or damage they will not provide any compensation.
It is submitted that not only does this list run counter to section 57 of the Consumer Rights Act, the list amounts to an unfair term within the meaning of the 2015 Act.
Furthermore, if the no compensation list is applicable then the claimant's position is that this list would only be applicable in cases of damage where an inherent fragility – such as glass – of an item might render it particularly vulnerable to damage and therefore should be carried out the sender's own risk.
The characteristics of an item for carriage – with a fragile are not – are completely irrelevant to the risk of the item being lost or stolen and therefore the non-compensation list is unfair at least in respect of Boston stolen items or indeed where items may have been damaged in a way which was not influenced by their inherent fragility.
In any event, the claimant's PS5 gaming device was properly declared. The defendant accepted it for carriage and was even prepared to sell insurance in case of its loss or damage.
So it is clear that in any event, the defendant accepted the risk of carriage and it is disingenuous for them now to try and resile from that position.

 

I think you should incorporate this into your witness statement.

I think this should all come before the insurance arguments. The insurance arguments are not part of their defence – and in fact they could possibly be because they sell you insurance.
The references to unlawful insurance which you have taken from other available documents has really been of use where insurance has not been purchased.
However it is certainly important to refer to the insurance and point out the fact that the insurance was unlawful but despite this you went ahead and bought it. However the most important aspect of the insurance which you purchased is that it shows that they were fully aware of what they were carrying and they were even prepared to sell you an insurance for it – and of course if the delivery had been successful they would have been happy to keep the premium and it is only now that you are making a claim that they are trying to wriggle out of it.

Typical of EVRi – professional wrigglers.

Try and incorporate all of this into version 4 and let's have a look
 

[Mickgibbons1]

Thank you, i will get into that now.

[BankFodder]

Their defence is predicated on two points only.
First of all that you are not the contracting partner. This is easily rebutted by the fact that you tell us that you have an invoice in your name – correct?

The second point is that the item you sent appears on their no compensation list.

I hope that you understand the argument that I have put above.

I hope you won't mind too much if I say that I feel that you haven't been as thorough in your reading as you should have been. You been missing important documents which were easily discoverable in our pinned threads and you have really relied on copy and paste jobs of the witness statement – your first version and then subsequent versions – and I'm afraid that you are going to have to show that you understand what you are doing rather more than you have done so far

This is an easy case to win. As usual the EVRi arguments are extremely weak – but you need to be on top of them. The post which I have made just before this, involves a fair amount of arguments broken up into several points. You really do need to rethink them carefully and maybe make your own notes about them so that you understand exactly what is being argued here.

I have heard that quite often now EVRi are starting to be represented by a professional advocate instead of the poor quality people they have sent along so far.
The arguments you are putting here will be far superior to anything that a EVRi defence advocate might be able to present – but on the other hand a professional advocate may be able to present their case in a rather fluid and competent/confident manner.
This is no criticism of you – you are simply litigant in person he don't have any experience of this. However you have to make up for this by starting getting in control of the documents you are relying upon and the efficacy you are referring to.
This means that you got to start understanding what you are saying and not simply repeating what we have put up here for you.

I can't remember if you've given us a court date yet – but you have got plenty of time to get a handle on things that the exercise of putting this witness statement together presents an excellent opportunity for understanding the issues and the order of importance.

I'm sure you are finding this to be a bit of a nuisance – but at the end of the day I think you'll find it useful if you get yourself into this position again with some other company whether it is parcel delivery or some other bunch of bullies.

[Mickgibbons1]

Bank, 

 

I have learnt a lot just from your last two messages and how you framed the insurance argument. You will see that on the point you stated, I properly declared the item I added "and value" to demonstrate they fully understood what they were taking on.

The invoice is in my Wife's name (same surname), and the payment comes from my account. Yes, we have that; it also states on the invoice that the insurance covered the cost of £495.

I genuinely do not mind what you say about me. This has been a huge learning curve. Normally, I would have put this down to 'Life experience' and moved on, but I have become sick of this culture of take-take-take. People and organisations need to be held accountable for their actions. Since starting this claim, I have challenged BA, Halfords Garage, Bus company and the Army Housing Association and have been successful in getting replacement luggage and thousands of pounds owed or charges drop in relation to work.

There is no court date set yet; just a request the court bundle be with them by the 4th of April. I have updated a new version. Once you are content, I plan to print everything out, build the bungle and go through it line by line. See if it all makes sense to me or if I have any questions for you. Once this is complete, I will send originals to the Court and print off 2 copies, one for them and one for me. I will then do as you have said, make some notes, and go over and over the bundle. 

I know you might not think so, but I have done a lot of reading and have already located the court guidance notes. As it is new to me, I struggled to understand how you articulate the argument and the framing process. You would write something, and I would have that eureka moment. I did, in fact, link the competition winner to paragraph 10, but before I could ask a question, you had already suggested that link.

I know I still have a lot of reading to do. The post you did just before (all small arguments CRA) really hit home with me. I understand in court that even though their argument is on those two points you have highlighted, one is easily dismissed. They will concentrate on the insurance; therefore, I will need to be prepared for that.

claim budle_V4.pdf