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By MANUKI12742 · Posted
okay understood, just a final point to clarify please so if I understood correctly, there is a chance I could get a default? and not a default notice and the default is not as bad as the default notice? or is it a case where I'll get a default but I need the OC to issue a DN too? Sorry just confused about that part because you said the D slightly impacts it but the Default notice is a big hit thanks. -
What an absolutely rubbish LoC asking you to pay someone else! As you've corresponded with them before let us have a read through your thread from the start, then we'll suggest something. -
Ok lookinforinfo, here's the original notice to hirer with dates/times left in Regards 20240425_165110.pdf -
Ok so I search the site for national parking enforcement snotty letter? Regards
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The paploc is from the PPC not their solicitors, see attached 20240425_162830.pdf
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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
BankFodder posted a post in a topic,
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.
We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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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