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WS is ready and I plan to post it tomorrow, 29 April. The court date is 16 May. I have just realised that I have a flight abroad on 16 May....not sure how I missed this before....? What are my chances of winning the case if I don't attend the hearing? I see I have to inform the court at least 7 days prior to the hearing that I cannot attend. -
By Laura Cooke · Posted
Scanned the document made it 150 size saved it to scanned documents, went on this PDF Merge and it says "This type of file is not supported" I headed it Court 28-04-2024 jpeg. I cannot save the scanned document as PDF as it does not list that option on my scanner, tried to upload it direct to CAG page and again it does not accept jpeg -
By LouLouDev79 · Posted
Thank you for your reply, I have attached the court paperwork. Thanks Untitled 14.pdf Untitled 13.pdf -
By webbscatering · Posted
yes thats correct also the claim form hasn't been stamped? I have been on MCOL nothing other than my defence has been posted -
That application was made in feb
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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.
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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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