Parcel insurance is unnecessary and unenforceable - The Times

[BankFodder]

Don’t fall for rip-off delivery insurance

WWW.THETIMES.CO.UK

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Do you need to pay for extra delivery insurance in case your parcel or...

 

 

 

[FTMDave]

That is a wonderful article.

 

For once the journalist has been very clear and hit the nail on the head.

[Santorini]

Excellent article. It should be pinned to the top.

Do you think some of the Judge's statements could be used in cases regarding Third Parties? eg 

Parcel2Go argued that its terms and conditions highlight “limits of our liability”. The judge dismissed this, saying the Consumer Rights Act states: “Any term restricting the supplier’s liability is not enforceable against the consumer.”

and

Sarah Lambert said: “It seems to me that it is impossible for it to be fair for [Parcel2Go] to limit liability for something it is obliged to do".

and

The judge said the company is “lacking in transparency”, and it is “not open to a courier company to decide that it is able to fail to deliver a product and not provide compensation for that failure".

[BankFodder]

It's trite law that contractual terms and conditions are subordinate to statute law, so from that point of view it will be unnecessary to refer to those comments in a future case.
On the other hand, it might certainly be worthwhile to point out to a judge that these companies routinely try to mislead their customers by claiming that their terms and conditions override any statutory obligations. It would be useful to suggest to a judge respectfully that his/her comments in their judgement should express criticism of this style of argument from the companies and also that the judge might be prepared to express a wish in the final judgement that the companies should desist from this misleading practice.

If this kind of sentiment were to be expressed by a judge in a judgement and went on to be ignored in future pleadings by a courier company then I think it would be taken quite seriously by any judges in the future. Even though County Court's are simply "junior courts" – not "Courts of Record".