Evri/Packlink Parcel non delivery, PAPLOC now Evri Court Claim issued.

[DeeRainbow]

Thank you both for your responses. I have read that the most that I would be charged would be £200 for the other sides fees. Do you feel this is accurate. I am still considering what to do. 

[BankFodder]

Yes that is probably about right – if it happened. It is incredibly unlikely that it would happen. If you lost then it would happen anyway. If you won the case and especially if the judge was convinced about the unfair tactics that they were using, it is highly unlikely that the judge would want to give you a slap on the wrist

[DeeRainbow]

Thank you, my next question is if I did reject mediation what reason could I give to the judge if asked.

 

[BankFodder]

On 15/02/2023 at 19:35, BankFodder said:

The issue of third party rights is aj question of law which has been raised very often by the defendant and now needs definitive decision by a judge in open court.

 

 

 

[DeeRainbow]

Hi Bank Fodder and all,

Apologies for my late reply. I have decided to go to court and have Evri and the court know.

 

I have received a court order to:  Send all of the documents that are relevant to your case to the court at
the above address, also send them to the other side. Both parties must do this.These documents should be placed in date order and should be numbered in the bottom right hand corner.
You should include the following documents if available:
 A copy of the contract/agreement
 Relevant correspondence, including text messages and emails

 Send to the court and send to the other party your own witness statement and also witness statements from anyone who can give relevant evidence about your case. Both parties must do this. A witness statement must
 have the court case number at the top
 start with the witness’ name and address
 it must contain numbered paragraphs and should be typed and
double spaced. If not typed, it must be written clearly in block
capitals or printed.
 finish with the words “I believe the facts set out above to be true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a
false statement in a document verified by a statement of truth without an honest belief in its truth”, the date of the statement and the person’s signature.
The original statement must be sent to the court and copies must be sent to the other side.

This must be done by 28/3/23.

I attach my first draft of my case file. I know it is short notice but if this could be looked at I would be grateful. 

 

I have received an email from Evri / Judy Cobbett with an offer to settle. I have ignored this but will respond if I legally have to. 

 

They continue to say that my contract is with Packlink and not Evri and that they have limited tracking information. I am unsure why they continue to say this as the tracking number provided is for their website and the proof of delivery was uploaded onto their website. 

 

I also am wondering if I need to add further information about their false evidence of delivery. I understand that there are many reasons to take this to court but my priority is to show that Evri is not just a delivery company that sometimes loses items (as most courier companies may do) but are allowing their staff to steal items, damage items and then cover up these crimes with false delivery information. 

Many thanks

Evri Redacted.pdf

[DeeRainbow]

I forgot to say that I have been given a court date for January 2024.

[BankFodder]

Please stand by for a reply to this tomorrow .

Is there a deadline for submitting your documents?

 

[DeeRainbow]

Thank you for your help.

Yes it is 28/3. Apologies for the late request. 

[BankFodder]

I will respond later on today but as a metre of interest when will you given this court date?

[DeeRainbow]

I'm afraid I dont understand. 

I was given the deadline for the witness statement at the end of February but personal circumstances have delayed my doing this. 

The court date as stated above is the 16/1/24.

Thank you

[BankFodder]

I was only asking because although I'm sorry about the personal circumstances you may have, it has left us very little time to prepare.

 

I've had a quick look at the witness statement which you have posted above and it seems to be too long in my view.

 

A lot of the things you have referred to are not in dispute.

 

I'll try and get back to you later

 

 

 

[DeeRainbow]

Thank you very much and once again sorry for the delay in getting this to you. 

[BankFodder]

Please could you please post your particulars of claim in PDF format.

 

I know that we have seen the Draft of it on this on this thread but I think I would like no to see you the actual PDF version which has been submitted

 

[BankFodder]

Still waiting for a response on this please.

I'm sorry but we need you to engage with this thread rather more closely. We now have so little time to prepare the documents that we have to work quickly and we have to interact with you in a very reactive way.

I understand that you have some personal circumstances – but you should understand that we also have our own personal circumstances, families and lives et cetera to deal with.

Please will you engage with this thread and respond

[DeeRainbow]

Hi, 

Yes of course. Here it is. 

 

365MC263-claim-form-claimant-redacted.pdf

[BankFodder]

Please can you have a look at the attached Microsoft Word document.

Check it for any typos because I use dictation software and sometimes things are wrongly spelt.

See if you agree with everything in it.

Let us know if there's anything you else you should think should be added.

We then need to sort out your attached evidence. In the witness statement which you provided above, there was frankly very little attached.

You certainly need to provide the photographs – which I think you have done.

However you also need to provide the purchase receipt to show the value.

Also you will need to include some of the relevant sections from the 1999 Act.

Let me know what else you think should be included and I will have a think about it as well.

 

EVRI SKELETON – third party rights.docx

[BankFodder]

By the way, just to be clear – the above document is simply a draft. It needs to be cleared up numbered et cetera.

But I want to make sure that all the text/contents are sorted out first. Don't rush off and start printing it off and sending it off without checking back here first. I want to see the final version first

[DeeRainbow]

Hi, Thank you this is really helpful. 

 

 I have attached it again with your additions and added emails from Evri where they have looked into my missing package. 

 

I have highlighted the part about asking for the contract between Evri and Packlink as I do not remember doing this. 

 

I wonder if I need more evidence that the photo provided on proof of delivery is of a resident of a nearby block. Unfortunately, my tracking numbers are no longer working on Evri's site. Otherwise I could show that the tracking number I have and the tracking number kindly provided by the resident shown in the photo have a proof of delivery photo which is identical. 

 

I do have a photo of this persons door and of my door but not sure how much proof I need for this or whether the onus is on Evri to prove it is my address. 

Many thanks

Evri Redacted.pdf

[BankFodder]

I will have a look at what you've done tomorrow, but in the meantime, send them a message straight away and tell them that you want to see the contract between them and packlink.

 

Of course they won't respond, but the important thing is that you will be able to tell the court that they haven't responded.

 

Then every couple of weeks send them another message saying that you still haven't received the contract and you want to see it.

 

By the time you get to court you'll be able to tell the judge that you have requested sight of the contract between packlink and EVRi on at least 20 occasions and that either they have declined or they have failed to respond.

 

You will be able to say to the judge that if the contract does exist and it does contain a term excluding third party rights, then they have effectively wasted the courts time by refusing to diverse this evidence .

 

You can also tell the court that as they have declined to disclose the contract then the court should draw its own conclusions that there is no such term and that you do indeed enjoy third party rights.

 

 

 

 

 

[BankFodder]

I have made a few changes.

Please can you have a look and fill in the exes et cetera.

Is it possible for you to reduce the size of each evidential document so that it occupies only one page?

When you have checked and corrected the file, please can you post it up here but not in PDF format. Please post it up in word format so that I don't have to do convert it again.

There is at least one evidential document which crosses two pages. It would be particularly nice if they could occupy simply one page each.

Also you will need to prepare an index page. Have a look at my advice on preparing a court bundle. In your case the pages are all numbered so you won't need to go through doing each one in pen but you will need to do an index which will be the top page.

You can do the index either in Microsoft Excel or Microsoft Word. Let's have a look at it

EVRI SKELETON – third party rights.docx

[DeeRainbow]

Hi,

Thank you very much. I have reattached a read only copy with index and have tried as much as possible to condense the evidence. Please let me know what you think when you can.  

 

I have sent an email to Judy to ask for a copy of the contract between Evri and Packlink.

Do I need to show evidence of this email and any responses in my bundle?

Do I need to show any more evidence relating to the use of the faux photo?

Many thanks

 

Evri Redacted.docx

[BankFodder]

Good idea to include evidence of your request for the contract .

Other than that, check back later – maybe this evening for comments on your latest document

 

[DeeRainbow]

Thank you - I will add the email. 

 

[BankFodder]

Please can you let me have an unlocked copy. I'm not sure why you have locked it

[DeeRainbow]

Its been locked to preserve the redacting. Otherwise it can be removed to reveal my details. 

Please let me know if you would just like part of it.