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So to sum up. 1. You & your friend did the right thing on 28 December and are in the right legally. 2. You are in the early stages of the threatening letter cycle. We've seen these letters quite literally over 10,000 times. For the moment your friend has nothing to worry about. 3. No-one will turn up at your friend's door. 4. If months down the line this got to court, you would win. It's blatant disability discrimination. Some time back I looked through the results of Excel v Caggers court cases, well we won 85% of the time, and you would be 100& certain to win. But this is the bit that you won't like ... 5. Excel don't care that they are legally in the wrong. They want your money. They will go on and on with their letters hoping you'll give in. 6. They are also the most litigious of the private parking companies and it's perfectly possible, months hence, that they will take your friend to court. You have to be prepared for this. They would lose. But they don't care about the losses since, sadly, presumably so many people are afraid of court and so give in and pay. 7. We will of course support you all the way! -
By CinamonSpice · Posted
Hi, Just updating that I'll be submitting the SJPN shortly this evening electronically. -
Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article -
thank you ftmdave . they sound like tthe lowest of the low ticketing the taxi driver - surprised about that😯 and utterly stupid. would they take into consideration that we take longer than normal on another appeal as i did say that in the original one (that i done for my friend) and (i think it was the isa) they rejected the explanation? -
thanks, that's what i'm thinkning although heart will be pumping when I get off the plane! Lawyer in dubai says nothing against me and also confirms very rare for bounced security cheques to be raised and escalated to police case unless massive, criminal or corporate.
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On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.
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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.
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.
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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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