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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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    • 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.

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Parcelhero / Myhermes help!


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I'll try to keep this as brief and simple as possible for ease of reading.

 

I sent an item to a seamstress to carry out some work for me.

The item was sent through ParcelHero using the myHermes courier.

It was scheduled to be delivered on Saturday 19th August.

The item was packaged appropriately with the address clearly marked.

 

On the morning of delivery I received an email notification to say that the item has been successfully delivered.

After a week of not hearing anything from the recipient, I contacted her to check on its progress.

 

 

Initially she told me that she had not received the item but after some investigating with her neighbour's she potentially managed to track it down.

Her neighbour believed that her husband had taken receipt of the parcel and had placed it in his car boot.

I can only presume that the courier caught the neighbour in the driveway at the time of delivery.

I cannot understand why the item was not delivered to the specified address as according to the recipient she was in that day.

 

 

The recipient has not managed to get the parcel back.

Her neighbour's have not been around for the past week despite her leaving a note at their address asking them to return the parcel to her.

What makes it worse is that if you check the online tracking it says the item was delivered to the recipient's letter box.

I can't understand how the item would ever have fitted in her letter box as it was a large parcel!

 

I am livid!!! The item holds huge sentimental value and is expensive.

I never asked for the item to be delivered to an alternative address, especially when no calling card was left.

Also it should never have been marked as posted through letterbox when there was no way it would have fitted!

 

In the meantime the recipient is keeping an eye out in case they return but I am very concerned.

Mainly because according to the tracking the item has been delivered.

What happens if the recipient is unable to obtain the parcel from her neighbour?

If I put in a claim would it be accepted because technically the item has been delivered!

 

Any advice would be most appreciated. Thank you.

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Yes, you can put in a claim if you can bring reasonably convincing evidence that the tem was not correcly delivered.

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