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  1. It will always be that way. Parcel2Go is just an intermediary they don't have their own couriers. It's identical to my situation. I made my claim against P2G. I had no direct contact with Hermes, hence P2G being more logical and on bankfodders advice as seen earlier in the thread.
  2. I made my claim against p2g not hermes. Since my contract was in effect made with p2g.
  3. Yes. I proposed the figure. The item value was 180 and I have already had postage charges refunded. I'm content with it.
  4. Update: Following my email for settlement, they increased the £75 offer from mediation to £102.50. I rejected and outlined why it made no sense for them to risk losing for a potential saving of £72.50. I offered to settle for £5 less than the item value - i.e. £175. I expect this would never have reached the court, and I could have settled for the full amount, but my time has a value also. Thank you for your ongoing help in the matter, and I apologise for not seeing this through to court. I suspect i'd have been less weary with the process if it hadn't taken a year, with the court losing my documents on 2 separate occasions and various other issues.
  5. The letter from the court suggests both parties should make every effort to settle before the court date. Therefore to show willing I emailed the defendant suggesting it was a strange risk for them to take for the sake of £125, as if I were successful it may lead to numerous similar claims. I expect nothing, and likely didn't need to, but at least I have made contact.
  6. In my case there were issues with the courts losing my documents, so it's taken a long time - well over 6 months. I don't think this is normal however. I now have a court date and am preparing the document detailing my argument.
  7. The delivery company is most likely the agent of an authorised insurance company. But i'd omit the paragraph about insurance anyhow, as the crux of the argument is the unfair contract terms.
  8. Finally an update. There was a lot of issues with the court, but I received a letter stating that I will be having a telephone hearing initially. There is no date listed, nor much advice as to what I need to submit. It has been a month since I received this letter and I have not been given a date. I have also had a lengthy "Court Bundle" via email from Chelsea Walton at Parcel2Go. It includes a witness statement, and many pages showing their booking process as their argument hinges on acceptance of their terms and conditions. I imagine I will also need to do likewise, although mine will be shorter due to the simplicity of my argument.
  9. I agree that it's an unfair term. I am at the same stage of a case against P2G, so just wanted to assess if anyone has confirmed if this is the case regarding insurance. Part of the witness statement you suggested explains in detail that the product isn't insurance as Parcel2Go aren't regulated by the FCA. In any event, the defendant’s 'insurance' requirement is not truly insurance because the defendant is not regulated by the FCA and not authorised to sell insurance. The defendants' insurance requirement is simply another way of profiting from their own negligence or from the criminality of their own employees or contractors. However, this is not their mainstream business plan. This is an ancillary way of increasing a profit margin and it is predicated on the inefficiency of their delivery operation. If the defendant's delivery operation was perfectly efficient then no parcels would ever be lost or stolen. If this is incorrect, and they are in fact agent for an insurance company, this whole paragraph is irrelevant and a waste of everybody's time. While the argument may not hinge on this, it certainly does not strengthen the argument by including something which is potentially factually incorrect.
  10. Have you confirmed whether Parcel2Go are agent for an insurance company? As this would invalidate the FCA/insurance argument.
  11. I feel I wasn't able to get all my points across to the mediator as was quite rushed. Points which may have encouraged P2G to give me what I have asked for. I have an email address there specifically relating to court cases. Is there any reason I shouldn't email them to follow up and outline my whole argument, as these valid points may have an effect.
  12. Today was the mediation. They offered around 40% of my claim which I rejected. Yet to hear about court date. I imagine it's going to be done remotely via video conference. Will keep you updated.
  13. Yes, the areas of the Consumer Rights Act and the schedule 2 noted about the bargaining positions of each party and suggests taking into account alternative means by which the consumer's requirements could have been met. As you say, they all have the same contract, so short of delivering it myself I have no option. Re: precedent, i didn't realise this was a specific legal term. I just mean there will be a piece of evidence for future claimants to use. A judge ruling the contract was unfair presumably wouldn't mean they had to permanently change it, just that in this instance my claim is valid. I am frankly happy to forgo the £75 to "beat" them and to achieve this aim of having evidence for similar cases. Had they offered me a higher amount I may have settled, but I consider that to be derisory. Are there many notable court cases on these forums of people proceeding all the way to court specifically against P2G and winning? I couldn't find many, most seem to be directly against the underlying couriers?
  14. It's now just an issue of principle - £200 vs £75, neither is going to have a huge impact, but I've come this far, so will see it through. Thanks. You advised all of the above to me in terms of what to tell the mediator. Familiar with the principles, and the judge potentially pronouncing on the fairness or otherwise of the contract which may result in multiple future cases and retrospective cases for Parcel2Go. I wasn't able to say everything i wanted to the mediator, about making sure copies of the judgement were circulated on social media etc., although I imagine Parcel2Go understand that's always a risk. Any thoughts on when they are likely to try and settle (if they are to)? Would it be after a court date has been issued? They seem to have left everything to the last minute up until this point.
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