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    • Hi all, an update on the case as the deadline for filing the WS is tomorrow i.e., 14 days before the hearing date: 7th June. Evri have emailed their WS today to the court and to myself. Attached pdf of their WS - I have redacted personal information and left any redactions/highlights by Evri. In the main: The WS is signed by George Wood. Evri have stated the claim value that I am seeking to recover is £931.79 including £70 court fees, and am putting me to strict proof as to the value of the claim. Evri's have accepted that the parcel is lost but there is no contract between Evri and myself, and that the contract is with myself and Packlink They have provided a copy of the eBay Powered By Packlink Terms and Conditions (T&Cs) to support their argument the contractual relationship is between myself and Packlink, highlighting clause 3a, e, g of these T&Cs. They further highlight clause 14 of the T&Cs which states that Packlink's liability is limited to £25 unless enhanced compensation has been chosen. They have contacted Packlink who informed them that I had been in contact with Packlink and raised a claim with Packlink and the claim had been paid accordingly i.e., £25 in line with the T&Cs and the compensated postage costs of £4.82. They believe this is clear evidence that my contract is with Packlink and should therefore cease the claim against Evri. Evri also cite Clause 23 of the pre-exiting commercial agreement between the Defendant and Packlink, which states:  ‘Contracts (Rights of Third Parties) Act 1999 A person who is not a party to this Agreement shall have no rights under the Contracts (Right of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act.’ This means that the Claimant cannot enforce third party rights under the Contract (Rights of Third Parties) Act 1999 and instead should cease this claim and raise a dispute with the correct party.   Having read Evri's WS and considered the main points above, I have made these observations: Evri have not seen/read my WS (sent by post and by email) as they would have recognised the claim value is over £1000 as it includes court fees, trial fees, postage costs and interests, and there is a complete breakdown of the different costs and evidence. Evri accepts the parcel is lost after it entered their delivery network - again, this is in my WS and is not an issue in dispute. Evri mentions the £25 and £4.82 paid by Packlink - Again, had they read the WS, they would have realised this is not an issue in dispute. Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states:  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency   This supports the view that once a user (i.e, myself) selects a transport agency (i.e Evri) that best suits the user's needs, the user (i.e, myself) enters into a contract with the chosen transport agency (i.e, myself). Therefore, under the T&Cs, there is a contract between myself and Evri. Evri cites their pre-existing agreement with Packlink and that I cannot enforce 3rd party rights under the 1999 Act. Evri has not provided a copy of this contract, and furthermore, my point above explains that the T&Cs clearly explains I have entered into a contract when i chose Evri to deliver my parcel.  As explained in my WS, i am the non-gratuitous beneficiary as my payment for Evri's delivery service through Packlink is the sole reason for the principal contract coming into existence. Clearly Evri have not read by WS as the above is all clearly explained in there.   I am going to respond to Evri's email by stating that I have already sent my WS to them by post/email and attach the email that sent on the weekend to them containing my WS. However, before i do that, If there is anything additional I should further add to the email, please do let me know. Thanks. Evri Witness Statement Redacted v1 compressed.pdf
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Medical Results - possibly wrong diagnosis


flexeh

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Hi all,

Posted this elsewhere as well on a driving form, so thought I would try here also,

In November I had a sleep study, as part of this I had questionnaires asking about my tiredness etc etc. Fast forward to yesterday, I receive a letter saying I have confirmed Sleep Apnoea with Obstructive etc etc 37.5 breathing events in an hour anything 30+ is considered severe. In addition to that it uses the words "excessive sleepiness".

My brother in law also had a recent diagnosis - Same condition, except he has 104 breathing events but they didn't include the excessive sleepiness. I have since found out another person I know, had 70 events, again they don't have the "excess sleepiness" in my case, it looks like I may have to surrender my license, but in his case he doesn't, on my understanding of the letters,  I was trying to work out why.

I now realise at the time of when I undertook the test, I was also on Sertraline, which was  making me tired,  on the questionnaire it asks about tiredness etc but doesn't factor in any other medications currently on.

I did try and speak to the lady as I was filling it in just to highlight the medication. But the moment I spoke to her, she just said "Dont worry.. This doesnt go to the DVLA so just let us know how the past few weeks have been" Obviously I thought the questionaire then would just support whatever the finding was, rather than influencing it. My bro in law also has his 02 levels drop to 84% where as no mention of mine

A couple of weeks after took the test, I came off my medication and wasnt drowsy or really tired like before, I also constantly stopped yawning, though like anyone else I could always do with more sleep, but I wasn't excessively like whats being suggested.

A couple of weeks ago, I went back on the meds and instantly the tiredness and constantly yawning returned and hasnt stopped, but it hasnt impacted my driving.   would say that this is a direct result of the medication, and if that's the concern why they come to that conclusion, Ill happily discuss with my dr to look at changing it.

Obviously I still have the breathing events to show I have sleep apnoea, but I don't feel I have the excessive sleepiness.  I feel this is medication related given and nothing to do with my sleep apnoea, As I noticed the difference coming off and going back on  them etc..

I know i'm meant to report this to the DVLA straight away. But honestly, I don't think they have all the facts at the sleep clinic. I'm holding fire reporting, but being responsible and not driving in the meantime. I have an appointment on 20th March, but honestly I would hopefully like to resolve this a lot quicker

. Do you think they would accept what I'm saying and take into consideration and I can get a second opinion before losing my license? I was thinking of contacting my doctor tomorrow and saying I feel that my diagnosis is incorrect and asking if they can provide a fit note?

 

Thanks

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The risk here is if DVLA revoke your license. It is then an uphill battle to get it back, and when you do you’ll lose any “automatically granted C1” [if your test pass was pre-1997]

so, you might be better to VOLUNTEER to hand back your license for now, (take a copy of it, front AND back, so any e.g. C1 entitlement doesnt 'disappear'

Then get your medical proof, including a sleep specialists opinion on when your condition is

a) “ adequately controlled", and

b) that they say you are safe to drive.

Then advise DVLA of your assessment, the fact your licence wasnt revoked, that you are applying for your licence back (if need be on a 1, 2, or 3 year renewal medical licence)

 

Why the palaver? because Drivers Meficsl Group take ages (way more than their 18 week target). If your license was revoked you cant drive until a new one is issued (and any pre-99 C1 entitlement will have gone). If your license wasn't revoked but you surrendered it, when you get the evidence to get it back, as soon as you apply you can drive again (in the UK, not abroad), under S.88 of the road traffic act

https://assets.publishing.service.gov.uk/media/64edcf3a13ae1500116e2f5d/inf1886-can-i-drive-while-my-application-is-with-dvla.pdf
 

This is why you may well be better to have a short period of voluntary surrender than the hassle you’ll get if DVLA revoke your license.

1) photocopy anything you send DVLA for when they say they’ve lost it.

2) Send anything special delivery for when they say it wasn’t received (at which point, when you offer proof it was received - see 1))

recorded gets signed for ‘en bloc’, Special signed for individually: hence Special instead of Recorded (for the individual signature rather than the ‘next day’ aspect)

3) Record any calls. They’ll lie (or, at least be mistaken and make errors), saying complaints weren’t made when they were, that a complaint was made but unfortunately missed being recorded, that there isn’t any appeals mechanism, or that appeals are dealt with by the same people so there is no point in appealing. (1st appeal is to Drivers Med Group, 2nd is to DVLA chief exec, next is to PHSO [Ombudsman] via your MP

If they unfairly refuse, you can appeal to magistrates court, but it’s more usual they just “don’t make a decision” for over 6 months - hence why the S88 route is important 

 

 

 

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Hi Bazza

Thanks for the reply. Ive obviously tried phoning and speaking to people today in terms of GP and hospital but obviously no one around to speak as per. The issue is, if someone finally listens and can see the issue and error. If ive surrendered the license right away then im stuck still till its back. 

Im going through the motions for ADHD and Autism as well following a recent work place needs assessment and full holistic diagnosis from a psycologist, and they hihglighted how i struggle with understanding and may need reassurance, and this obviously feeds into my questionnaire. If I could have checked understanding and how it needed to be answers - i.e based on medication or not then this may have led to a different outcome.

 

Just rang PALS and they are going to pass it over to someone on the respiratory team to contact me.

 

I suppose the question I have is now, do they write to the DVLA and if so whats the timescale? Obviouslyu like you said I would rather surrender, but i need to know where i stand at the moment.

 

 

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Don’t forget : medical professionals shouldn’t report you to DVLA (absent you not having capacity to do so yourself, or deliberately failing to do so)

Because of confidentiality the ideal is they don’t report you. You inform DVLA and the DVLA forms you then complete make it clear you are giving permission for those medical professionals to respond to a DVLA enquiry.

(For info, and I hope it wouldn’t come to it for most sensible people who don’t lack capacity:)

However, if it is clear someone lacks capacity to inform DVLA (so, if they are a dementia sufferer, for example) , they can inform DVLA on the basis the person would do so if they were capable, and there is a clear public interest aspect.

Similarly, if they advise someone who is competent to inform DVLA, and the person chooses not to, they might then repeat to that patient that they MUST inform DVLA, and if that too fails, suggest (for example) a second opinion. If all else fails AND the medical professional believes the person continuing driving represents a risk to others of death or serious harm :  they can inform the patient that they will be informing DVLA (and then do so). Again : on a public interest basis, and trying reasonable alternatives first.

Edited by BazzaS
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