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The Letter of Claim information is not absolutely essential, but it would be useful for two reasons. Firstly, judges take a dim view of companies or individuals who rush to court without giving the other party notice and a chance to settle - the Letter of Claim. If they didn't send it we could include this point in your defence and it would be detrimental to them. Secondly, we know Countrywide. They are a very small cowboy company. The are reluctant to do court, simply becasue they are very bad at it. Their record of beating Caggers in front of a judge is exactly 0%. They have lost every time. They send the Letter of Claim also to look for people who don't reply, thinking that the person might not reply to a claim form either, giving them an easy default win. Conclusion - always best to reply to a Letter of Claim and ridicule the PPC's case. -
Any update here? I ask as we have someone in a similar situation.
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By belleofstmark · Posted
Thanks! I already sent the acknowledgement as i panicked and thought today was the last day to respond. Then i remembered this wonderful forum. I'll follow the steps in the sticky next. -
By belleofstmark · Posted
It's possible. I suffer from ADHD and also anxiety and depression currently and struggle with paperwork. I'll have a search around to see if i can find anything. If they did send something I haven't replied. I thought there's no way that they will pursue this because I know for a fact i didn't park in a private space and the evidence they have sent is so ridiculous. What impact does this other paperwork have? -
The particulars of claim doesn’t mention statement of accounts. Should I include that in the cpr letter?
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
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We have finally managed to obtain the transcript of this case.
The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.
Frankly I don't think that is any accident.
One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.
Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.
We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
This is good ethical practice.
It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.
OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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