Jump to content


  • Tweets

  • Posts

    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

Parcelforce Error with Import Charges


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1948 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, I've got a problem with the delivery for an eBay item I purchased from Japan, and hope someone can provide some helpful advice.

I received a letter from Parcelforce saying the package was subject to Import VAT of £14.08 plus a Clearance Fee of £13.50.

My problem is that these charges are wrong, not incorrect, but wrong.

The sender uses a tracked mailing service, and the address label on their packages ( I have bought similar items from them before)

shows the value of the contents.

My guess is that someone has misread the value, which is typed not handwritten, hence the request for import fees.

I went to the Parcelforce depot with copies of the payment receipts, Paypal etc

but they wouldn't even let me look at the package unless I paid the money.

The value of the item is $10.00 including postage, so well under the limit allowed.

I suggested they open the package to see the receipt to prove my point,

but they refused and said if I didn't pay the item would be returned to sender.

Provided the sender pays to have it returned, otherwise the item will be 'disposed of'.

Yes, I am aware that I can pay the fees and then try and reclaim them from HMRC or whoever,

but surely this is unfair, and assumes I've got £27.58 spare to pay out.

Things would be a lot easier if I didn't care about receiving my purchase, but I'd like to have what I paid for as its unique.

I've contacted the sender, on the off chance the package does go back to Japan,

but I got the strong impression the item will just be dumped by Parcelforce.

The sender is willing to re-ship, but that'll be another story.

I can't be the only one this has happened to - has anybody got around this problem please?

 

 

 

Link to post
Share on other sites

Unfortunately you will not get anywhere with Parcelforce.

 

Your only option if you want the item is to pay and reclaim the fees but you will lose the Parcelforce processing/administration fee.

 

Probably the best thing is for you to tell Parcelforce to return the item and you will pay nothing. If the sender is willing to ship again get them to do that - but let them know you have asked the item to be returned. Parcelforce should return the item - if they do not they are on a sticky wicket as the item is not theirs to dispose of. I believe under UPU regulations the item should be returned to the sender but with so many private companies now involved in the transmission of mail I'm not sure how relevant these regulations are any more as they applied to Government postal agencies.

Link to post
Share on other sites

Anyting from outsde the EU will be inspected by HMRC and you will get hit with the VAT as appropriate

 

Parcelforce does not impose the VAT charge, that is HMRC direct. They are allowed to charge a clearence handling fee though as they pass the VAT collected onto HMRC direct.

 

If not collected the item will be returned free of charge to the sender as Royal Mail is stil the holder of the Universal Service obligation. Private postal operators have nothing to do with this as only Royal Mail provide an end to end service

Edited by obiter dictum
Link to post
Share on other sites

If you go down the re-send route make sure the sender uses the correct declaration form on the package the CN22 Customs Declaration on any future packages. If the value is $10 US it must be declared as such not just a figure 10 with a Dollar sign.

 

Should you have future problems and you regularly buy this item you will need to contact the Postal Customs and ask why they are levying duty on the item and how the duty payable is arrived at. Some items from outside the EU attract very high rates of duty and your item may be such an item.

 

I have had similar problems before importing collectable items from Kuwait (used postage stamps) where some bright spark in the postal customs must have spent hours opening my packages counting the face values of the used stamps and levying duty on the total. Instead of paying duty for £50 of material I ended up with demands for several thousand pounds per package. After providing invoices and copies of trade advertisements they did levy the correct duty which I then paid - but I lost the processing fee!

Link to post
Share on other sites

"Private postal operators have nothing to do with this as only Royal Mail provide an end to end service"

 

This has not been true for some time. For example the Monaco postal service uses a private courier company for its final delivery for parcels in the UK. New Zealand now uses a private company for the shipment of parcels from New Zealand - they have privately produced postage stamps on them and this applies to ordinary mail as well. Many countries now have privatised postal services where more than one operator is responsible for collection and transmission of mail. This why I am not too sure whether Universal Postal Union regulations still apply.

Link to post
Share on other sites

Please do not tell me how the Postal System Operates

 

I was a Trade Union Rep at the international Sorting office at Mount Pleasant

 

The UK had a private postal operator for a while called Whisti until the banks pulled out. Their contracts were with banks insurance companies etc direct, not foreign mail with E2E deliveries

 

All EU countries have private postal operators, some still maintain Government influence such as La Poste.

Royal Mail for example has a major partnership with the Chinese postal operator where they share each others infrastructure

 

Universal Postal Union is a United Nations agency and has has nothing to do or authority with each member state and postal regulations. That is decided in the EU parliament, not Switzerland

 

That might have been the case 150 years ago with unifying a global postal network , but not now

Edited by obiter dictum
Link to post
Share on other sites

I am not telling you how the postal system operates!

 

I am telling you of my personal experiences with the mail system where I used to import items from over 60 different countries into the UK when I worked for an import/export agency as its general manager. My statement holds true for the examples given and applies to many more countries than stated - many South American countries (Colombia for example) use private companies for transmission of mail and have done so for some time.

 

The New Zealand example given actually works in conjunction with the Government postal service.

Link to post
Share on other sites

"hey are allowed to charge a clearence handling fee though as they pass the VAT collected onto HMRC direct."

 

Unless I am mistaken

 

This admin fee may not be enforceable as there are no regulations that say they are entitled to demand a handling fee from the receiver of the parcel, only the VAT

Also the contract of the parcel company is between the SELLER and the Company.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

Customs considers items sent directly from a retailer to be merchandise, irregardless of whether someone actually bought them as a gift

 

If you have any queries about the handling fee you should raise these directly with Royal Mail/Parcelforce - these charges are entirely separate from any tax and/or duty charges, and the UK Border Agency (UKBA) and HMRC have no control on the charges Royal Mail make.

 

Parcelforce are not going to do all the work to get your parcel to you through customs and pay the money upfront for nothing ,they are going to charge you. Royal Mail have a statutory obligation to comply with HMRC. If I had a pound for every customer who came into the office and recounted all the websites about evading this payment and still ended up paying I would be a very rich man by now.

Edited by obiter dictum
Link to post
Share on other sites

The simple truth of the matter is there simply isn't the space for Customs to hold every single package they want to charge VAT and Duty on - nor do they have the ability or time to inform every single customer of the charges.

 

For HMRC to contact the customer direct that they are holding a parcel to negate the Royal Mail charge is simply unworkable, not only would it require vast amounts of storage space, to hold the parcel while awaiting charges, it would also require an entire extra support network just to send out lettters, then another set of support to pay the charges. Just so that at the end of that, your item can finally be handed over to Royal Mail to be delivered anyway.

 

Royal Mail are actually the cheapest - try a private courier next time and see how much you pay, some of them can charge up to £40 handling fees on items.

Link to post
Share on other sites

At least you know where your parcel is, mine still hasn't arrived. I have bought stabiliser from overseas and had to pay £16.00 duty on the parcel. it was still cheaper than buying it here in England. I was not charged a handling fee. UPS delivered it.

Link to post
Share on other sites

But the simple point is, regardless of the practicalities, there is no contractual or legal obligation on the person receiving the parcel to pay "Admin charges" or any other charges "Except for lawfully due VAT"

 

Yes they may be collecting VAT on behalf of HMRC, but so do most businesses and they do not charge admin fees to the consumer for paying it.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

Thanks everyone for your responses to this, it seems that my only option is to wait & see if the package is returned to Japan. Then try & negotiate with the sender to have it shipped back again. Crazy.

I can understand that Parcelforce don't want to get involved if customers dispute the amount of VAT, etc charges. But if the error lies in the fact that there shouldn't have been any charges in the first place, and the customer can prove it, why not allow them some means to do this? Simples.

The address labels used by the sender are CN23 triplicate ones for goods, the value is typed in and the contents are used clothing. I just get angry that because of someone's mistake & their failure to even want to hear about, let alone acknowledge it, the customer has all the flack. (sorry,rant over)

If I ever do receive my package, I will post here to let you all know.

Thanks again.

Link to post
Share on other sites

  • 2 months later...
  • 2 years later...
Yes they may be collecting VAT on behalf of HMRC, but so do most businesses and they do not charge admin fees to the consumer for paying it.

 

Sorry for the thread drag up, but it is similar to my case. My situation is that PF want to charge a fee which is more than the VAT they collected - I am more than willing to pay the VAT, but not to pay the fee which forms well over 50% of what PF are asking! To emphasise - no issue with paying the VAT, no issue with the VAT value - just PF charging a disproportionate fee. I am fairly sure (timings, etc.) that my parcel was not opened - no work done in resealing, etc.

 

I had a great conversation yesterday - was told that the fee is added to the parcels by HMRC (PF do collect & keep it, but HMRC who apply it), it is applied to the parcels of all postal services, it is law that it is charged & repeatedly that if I have an issue with the PF fee I need to take that up with HMRC!!!

 

I had various good comebacks shot down with a mix of laughable answers & lies:

 

Hypothetically if you as a manager were to say I'll waive the fee would you be breaking the law/statute/legislation or company policy? Irrelevant as as I can't.

 

Tried to quote their own letter describing it as 'our' fee! Repeated advice that the amount is set AND APPLIED by HMRC - take it up with them.

 

[my version of exactly what SabreSheep said] It is like Tesco charging customers a £10 fee for collecting the VAT on their goods. Answer must have been weak as I can't remember.

 

It is applied to all postal service parcels by HMRC. How come RM charge less? They are a different company!

 

This fee could exceed the value of the item! No it is only charge on items over £15. I pointed out that this is wrong - VAT applies to all goods from CI.

 

This is for the delivery once it arrives in the UK. Absolute rubbish - the seller didn't pay you to deliver it to Heathrow for me to pick up - it is a door to door service! When you accept an international parcel you can see the value & know if this will happen - charge the relevant price up front & proportional to the value.

 

Oh & 1 more point - their recorded message (very long & boring) wasn't even correct - the fee was 6 weeks out of date.

 

If they would just be honest; it is our fee, it is extortionate, but if you don't pay it your parcel will be returned.

 

How can I get them to see sense? Like OP, minded to just say well go on then return the item to China at your own expense & have the admin of claiming the VAT back. If it was fair (say £5) I'd grudgingly just pay it.

Link to post
Share on other sites

thread is+3yrs old

you wont get seen here

start a new thread

of YOUR OWn please

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...