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    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers please?
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      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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Parcel2Go & Hermes Collected and Lost An Item of Sentimental Value*** Resolved****


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Hi all,

 

It's not an echo. But having just looked around on the forum, this post will read like one.

 

I am also in the frustrating position of having to provide Parcel2Go with documentation to corroborate their inability to deliver a parcel.

 

The item was clearly labelled in more than one place. It needed to get from Devon to Berkshire. I valued it at £200 which an estimate for an amplifier chassis made in the 1980s. I was sending part of an amplifier back to the manufacturer for a service and upgrade. I've had it for nearly thirty years and it had a lot of sentimental value.

 

I did not buy extended insurance. At the time of purchase, I had no idea how frequently Parcel2Go and Hermes both found the risk of correctly delivering parcels too great to effectively manage. It's a very difficult item to value but I think that the value I quoted on the site was fair and I believed that delivering a parcel was not too risky to warrant more than doubling the cost of the service. From now on I'll hire a car and take things to recipients personally if this is the future of couriering. So one lesson learned.

 

I have a ticket with a sticky label on it which is the only evidence of collection. I used PayPal for the service transaction.

 

Anyway, I've read from another thread that I should compile an lba and send it off with these documents but there's obviously no easy method of doing this through there website. Who should I be communicating with and how? If I submit the documents they ask for, then I'll get £20. I would obviously like to pursue this as far as possible. I am pretty sure that the manufacturer of the item can provide evidence of the value. Should I be looking for the realistic value of the item?

 

If anyone is able to provide some advice, it would be extremely well received.

 

Thank you.

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Okay well you've read enough on this forum to know that your story is pretty typical.

 

I'm not sure what you are intending to show us by the attachment that you have put up. It will be helpful if you would put up something more informative and also in PDF format rather than JPEG.

 

You say that you told Parcel2go that the value of the item they were carrying was £200.

 

They accepted it on that basis. To my mind there is no reason why you should have to pay extra to them simply to get them to carry out their contractual obligations.

 

If you are happy to take legal action then you should send them a letter of claim to their normal business address. Given 14 days and then on day 15 sue them.

 

In the intervening time register onto the County Court money claim website and start understanding how it works.

 

Post your draft claim here before you put it up onto money claim so that we can see it and comment.

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Thanks for the response.

 

The picture was to show the format in which Parcel2Go are asking for evidence (a web form). They no doubt already have all of this seeing as they probably have better access to their own tracking facilities than I do.

 

Their business address on their website is:

 

Parcel2Go.com

The Cube

Coe Street

Bolton

BL3 6BU

 

so I will send a letter there when I've put the details together. I'll put a draft here as suggested. Rephrasing my subsequent question, it was more related to how I should respond to their online request for documents. Knowing that it is all a distraction, should I ignore the web form and rely on this letter? I imagine recorded delivery would be wise for this. I fear if I submit the documents online then they will treat that as my acceptance of their excellent customer service. I don't try to be sarcastic, so sorry about that.

 

Thanks again for all assistance.

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Maybe I jumped in too quickly. I'm sure that the advice which I have given above will become relevant but maybe I should have asked you what documents they require and how long ago they lost the parcel and how long ago did you contact them and what was the response.

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I am pasting this text from an email I received a few hours ago... (in italics)

 

We’ve got an update on your parcel enquiry

 

 

Dear

 

We’re writing to you in response to your recent enquiry regarding the following order: -----------.

 

We have conducted a full investigation with the courier to locate your parcel, unfortunately, in this instance, the search has proved unsuccessful.

 

We apologise for the inconvenience this has caused and as a result, we have now progressed your enquiry to a claim.

 

 

Regarding compensation

Our records show that you only took out protection on your parcel for part of the full value. That means that in the event that your claim is successful, you’ll get compensated for only the amount you were covered for.

 

 

What happens next?

To help us progress your claim as quickly as possible, you’ll need to upload supporting documents.

 

View your case to submit the required information.

 

Deadline to submit documents: 03/03/2019

 

 

 

View My Case

 

Ref: -----------

 

 

Kindest Regards,

The Parcel2Go Claims Team

 

The PayPal transaction for the service happened on 16th January 2016. Collected on the 17th Jan. Their tracking site said "delay but we'll get your parcel moving in 24 hours" or similar from 21st January. My last contact with them was on the 4th February. I had three or four webchats with their support service. The last one was on the 4th when I sent a detailed description of the box along with a picture accompany the "investigation" that they were undertaking to locate the lost item.

 

The documents asked for as are in the picture.

 

  • Proof of Collection
  • Proof of Non-delivery
  • Proof of Value

 

I have a card with a sticker on it to show that someone from Hermes collected my parcel (some evidence of Collection, whether proof or not - well probably not). I have written to the manufacturers to confirm whether or not they have received the item. I can only think to use their response as proof of non-delivery. I have asked them to evaluate the item based on some photos that I took before packing it up and sending it into oblivion. Whatever they say though I doubt I could ask for more than £200 as that is what I guessed it to be when I filled out the order form.

 

If I send the above through the form shown in the picture online using the web account that I had to create to follow this fiasco, won't Parcel2Go claim that I am happy with this and pay me £20? Won't that go against any further legal action that I choose to take? They have given me until March 3rd as quoted above.

 

I don't mind how long this takes and thank you again for at least listening.

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Hi

While not wanting to jump in as you have excellent company in Bankfodder, I would like to add my thoughts and questions.

 

Firstly it seems that P2G do not want their terms and conditions tested in court ans as you have previously seen, they settle out of court. That is my opinion and may at one time be proved wrong when P2G carry on all the way into court. You paid a fee for the collection and delivery of a product. The value is neither here nor there. They failed to complete the delivery.

 

Have you managed to get proof of value? You already have proof of collection and proof of non delivery.

Did you advise them of the value before collection? Personally I don't think it matters much. Have you researched getting a replacement and the cost? I would do that as I don't think you can claim £200 for a product that has a lesser value when purchased elsewhere.

 

To protect yourself although I don't think it would matter, reject the offer of £20. Once you have submitted a Letter Before Action and given them the required 14 days to respond and they have not responded or still dispute your claim, file a claim on day 15. It is always better to have an account set up with MCOL beforehand as it gives you the ability to read more about any claim.

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi silverfox1961 and thank you for the comments. I don't mind how many people chime in.

 

Yes the value is proving to be a sticking point. I thought that I might have had the original hand written receipt but it is very possible that I discarded it thinking that I would never need it. It was bought second hand a long time ago. I have seen similar models on eBay. One is currently auctioned at £170 but its condition looks a bit ropey. I am awaiting a response from the intended recipients (a small family business) to:

 

a) confirm that they have not received the item; and

b) provide an estimate of the shipped contents (as I am now genuinely interested in buying replacements following this incident). Naturally I'll be asking how they intend to ship if they do indeed respond.

 

I think that they are hesitant to respond. The website instructions that they provide regarding shipping the components to them for servicing and upgrading include pointing customers to Parcel2Go and I think they might not want to get further involved in a dispute which at present doesn't involve them. I did enter £200 as the estimated value on the order form though. I genuinely believe that my father paid more than that for it but this is hardly proof. Added to this is the uncertainty that the shipped components only constituted the chassis and electronics and not the speaker or the cabinet.

 

I will give the manufacturers a few days and then try again to get the above information. They don't have a phone number and the only contact I have for them is an info@ email address. What a superbly futile situation I find myself in. :-x

 

It's not the money though but the fact that the item has been with me a long time. I (like many others on this forum at least it seems) want to stop letting disreputable businesses get away with what they're doing. They have no shame and they're more than happy to tell you how sorry they are to hear how badly they've treated you as a customer but you've lost all hope of seeing your property again. Had I known I would have paid more but the recipients practically recommended the process and there are lucky people who will claim that they have had no problems. The idea of undercutting competitors implies that you can compete. There is plenty of evidence on this site to demonstrate that that's not the case. It maddens me to see people merrily make money from causing disruption for others.

 

Anyway I've got to try not to ramble to much. I am holding back from any further action right now (although I thank you for your support) until I can conclusively verify proof of non delivery and value. That requires some persuasion. I don't want to upload anything to the Parcel2Go Claim form as pictured in the OP. That was one of my first questions. I need to build a more robust case. If I can do that, I will be back here to ask how best to inform them that my claim will be via another route.

 

Thank you all.

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  • 2 weeks later...

I should provide an update as the supportive people on this site deserve it. Five days ago I found the consignment in a new box, sitting on the doorstep outside my front door.

 

What has happened here, is that the parcel was delivered but that fact was never recorded in Hermes' tracking system. So the tracking site simply said that there is a delay which would be dealt with in 24 hours. It probably still says that now. Because the recipient was such a small company, it took them weeks to get to unpacking my parcel. Once they did however they carried out the work and shipped it back (via Hermes again).

 

So there are lots of lessons to be learned, perhaps the most important one for me is to try and relax! I am infinitely relieved that I have not had to say goodbye to a prized possession. So much stress could have been avoided though. I would not recommend brokers to anyone, as they make life so much more difficult should any adverse issues arise.

 

So if the original package had been flagged as delivered, there wouldn't have been as much of an issue. If it would have been possible to arrange the return delivery such that I could have been there to receive it without it having to sit on the doorstep all afternoon then I might even have no issue with Hermes. However as it is, I will probably look at alternative couriers and order direct in the future.

 

One positive from all of the above is that I would have been prepared to take this further, having read the responses to my initial outcry here. On other sites there seem to be people who live to admonish those who have fallen victim to a courier's mismanagement. No one is perfect, but the customer service experience with Parcel2Go / Hermes isn't even close to satisfactory.

 

Once again, thank you for your support.

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Thanks very much indeed for the update. I think that you were extraordinarily lucky – under the circumstances.

 

Dealing with Hermes is risky. Dealing with parcel2go is risky. Dealing with both at the same time …!

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