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He hasn't lost any documents. its OCMC so every document is online so i dont really know what he thinks hes lost? he has the trial notice and thats the only paper notice. £27 to save £35 frankly makes more sense IMO. Also he hasn't sued the wrong person, evri international is parcel2go and he has sued parcel2go hes sued the right person because interparcel will have a contract with P2G (since they own evri itnernational) which he can claim 3rd party rights to so he has sued the right person. same as evri packlink claims etc etc just the other way round. Although I do agree his documents are later than we'd like, so long as they're by 14 days they're still admissable so if we get something done in the next 1-2 days he'll be ok. his claim isn't struck out either so.... BF - I don't think it will be pretty but hes only chasing £270 so spending £90 in fees seems backwards + he's suing P2G who really aren't the smartest bunch at court claims. never seen them win a single one and they're defences are frankly shoddy so he should be alright. Also P2G are the right enttiy because its evri international. Suing evri here would actually really struggle because the contract is for parcel2go who operate evri international. This isn't evri like we know it @michealo Please post the trial document Asap also please post P2G's witness statement. -
By BankFodder · Posted
You are better off withdrawing from the claim not particularly because you have lost all the documents but because you have sued the wrong person and the claim you have drafted is really completely inadequate and also you haven't prepared a witness statement or a bundle of documents yet. Withdrawal before you incur any further charges and start again but this time stick with it. Stop stop taking these long absences. Run documents past ass before you start sending them off -
The only thing I need is the notice of trial. that is it! you have it please post it!
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Sorry, I meant I lost my all scanned documents. I have access to money claims account (GOV website with claim details) and notice of trial document. Nothing else. I am missing the Defence Pack Password: for the moneyclaim website. -
they're on the government website. you don't need a scanner app. just download off the gov web and upload here.
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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.
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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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