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Is Evri removal of tracking targeted at cases coming to trial?


jk2054
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Hi,

Just after some advice for getting information from EVRi 

 

EVRi have started to take down the tracking information for the parcels that I've claimed against them for (not sure if we'll see this lots going forward)

I've applied to the courts to ask for a hearing for an order to be made to force EVRi to put the tracking back up or supply me a copy, but the court seem to have ignored the N244 / not yet processed it.

 

Trial date for the hearing is set for march, so bundle will be due end of feb ish but I need the tracking for bundle.

 

Any ideas on what my next steps should be please?

 

Not sure this is the right idea but should I do a FOI to the court to ask the status of my N244 as they don't reply to a normal email where I ask them?

 

Grateful for advice,

 

Thanks

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Thanks for a nice easy question to see the New Year out with!

I can't imagine that the courts are deliberately not responding to you on the N244. They are amazingly under resourced and also inefficient – but you haven't told us when you filed it and how long this has been going on.

An FOIA request won't cost you anything so I suppose you may as well try. Have you tried an SAR to EVRi?

I'm not sure what else to suggest as a specific answer to your question.

If we understood a bit more about the story then we might more be able to come up with some constructive suggestions.
For instance, you are bringing a claim about some item which presumably has been lost by EVRi. If you need tracking information like that then is it that you have alleged certain facts relating to the tracking and they have denied it?

The N244 admission must have cost you a few quid – and I'm not sure that there is much hope of getting that back. Is the amount that you have claimed really that substantial?

 

Also, do you have a sense that the removal of tracking information was targeted at you in your claims? Or is it part of the EVRi general data cleaning operation that after a certain amount of time, data is simply deleted.

It certainly means that we should be advising people who come to us to take screenshots of tracking data just in case they need it. We haven't advised this to claimants up until now

 

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Yea they're removing only the ones that are in court, rest are all fine.

Maybe when the come to read the forum this morning they might notice and reply to my email from 3 weeks ago about it.

N244 was filed in mid november and its supposed to get heard within 4 weeks of submission.

The N244 is £275 but if you win the case you get that fee back. 

Nah not tried an SAR to evri but might try that along with a FOIR and will let you know what happens.

They're not denying it per say, but its part of my evidence so I need to be able to reference it and they are refusing to provide a copy.

I brought it up at mediation and asked the mediator if they would ask EVRi and they did which was very nice of them, but     decided that he wasn't sure why it was gone but it shows they're aware of it so I can only assume its an active thing now, because they've not done it before, nor on the ones that were settled at mediation, only on the ones going to trial.

 

Will update with how the SAR and FOIR go

Thanks for the advice BF.

 

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Well the only thing I can suggest is that if you still don't have the data then when it comes up at trial, that you should point out to the judge that EVRi have apparently been methodically removing data that refers to your case alone and have left other data in place.
In other words it is not part of a policy of deleting date after a certain amount of time that it is targeted against litigants.
In fact I think they should put this in a witness statement so that EVRi are aware of the allegation in advance and are able to respond.
I think you should also make it clear – as you have done here – that you have already raised this issue in mediation and that the EVRi employee –     – has already admitted that he didn't know why this was being done.
You should suggest to the judge that     should be present in court to explain why this might have happened.

I rather fancy that if you explain this to the judge and EVRi has no reasonable answer then the judge will draw their own conclusions which are unlikely to favour EVRi.

EVRi can spend more time supporting legitimate claims and also getting the parcel delivery right and avoiding theft then simply trying to raise obstacles to justice

 

I think you may as well put     on notice as well.     is the head honcho that EVRi legal – I think they are in Bradford. I don't have his email address to hand but I have put it up elsewhere on this forum I believe.

It is a generic legal@email address but it will get to him. At least then you will be able to give a copy of the email that you sent to     to the court so that they will know that EVRi is on notice at a very high level.
It really does sound as if it is an orchestrated attempt to remove evidence. I would present it that way in court.
No doubt     and the rest of The Children are following this and so they can let     know

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  • BankFodder changed the title to Is Evri removal of tracking targeted at cases coming to trial?

alright i had to submit my WS already ( diff format means WS + exhibits months earlier than trial bundle) so I’ll send an email to EVRi now and then present that email in front of a judge if they dont reply

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Yes, I don't see any problem with sending an amended witness statement as well. They can always object if they want. Actually you can invite them to make their objections before the trial. If they don't respond or if they don't object then it will be fine. If they do object then they should explain their objections and that will be interesting

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Thoughts on the below please

 

Quote

 

Dear Evri,

 

Claim No. XXXX

 

Whilst preparing my witness statement I noticed that you have conveniently removed the tracking data for this item and when trying to track the item that this claim relates to your website now says "We do not recognise this as a valid Evri tracking number. Please check and try again."

 

I did ask you about this at mediation and you said you were not sure.

I enquired about this during the mediation and you representative     replied that he did not know why this had been done

 

I therefore respectfully request for you to Please will you restore put the tracking back on your website as we both know it is a valid tracking number as you have confirmed it yourself in your defence. Alternatively, please will you provide me with the tracking detail which you have been removed from your website

 

If you cannot do that please let me know by return email. I would also expect that if you cannot reinstate the tracking that you will attend court before the judge and explain why it is that you took the tracking down just for the items that there are court claims against you for, but not for others.

All correspondence in this exchange will be shown to the judge at trial and if you failed to provide the tracking data or explanations then I expect the judge will arrive at their own conclusion.

If I do not hear back by return email then I will show this email before the judge in trial.

 

I look forward to hearing from you 

yours sincerely

 

 

 

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Check my suggested edits

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I know that Evri will remove historic information as soon as  6 months - Thats from my experience of tracking items historically. 

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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It's wayyy more recent than that and others are live.

Will see what they reply.

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