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    • OC 's don't do court   dx  
    • you will also need a copy of the CCJ and the particulars of claim on the claimform as... you'll need the particulars of claim as we don't know the judgement sum nor if post judgemental interest was allowed. did you defend it? did you ignore it? did you not get it?  did you know nothing about it?   its very rare on welcome debt either taken to court by welcome (doubtful in 2013) or a DCA (more likely)  i will suggest the debt was already at £18k before the CCJ so nothing bar court charges were added   please advise  i love bashing welcome and DCA but we can't help until we know our actual target and who did what and when.                
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    • I am sorry not to have responded in time to your thread. I have an awful lot going on.   I am hoping that you still haven't sent off your WS  as I have just seen a copy of Southend Airport  ByeLaws 2020. which will help you no end.     https://d1z15fh6odiy9s.cloudfront.net/files/board-approved-london-southend-airport-byelaws-100220-d14ca659.pdf   If you go to Section 5  the headline reads 5. Prohibited acts on parts of the Airport to which the Road Traffic Enactments do not apply:   In other words the roads on the airport are either governed by the Road Traffic Act or the airport Byelaws- neither of which are classed as relevant land. Therefore PoFA DOES NOT APPLY throughout the airport.   Take a copy for the Court and point out that the VCS WS is somewhat lacking in accuracy. It is inconceivable that VCS have not read the Byelaws since they are operating there.    So looking at their WS it reminds me that a good few years ago it was said about the WSs of  parking companies that they and their lawyers simply do not care about the truth and are content with regularly supplying false information to the courts, happy that they will not produce a witness to defend their porkie pies, and that nothing bad will therefore happen to them.   This practice should stop since were the authors to have to appear in Court and challenged, their perjury would not only be clear to see but it would put a stop to the practice. If they don't turn up in Court they get away with their lies and are able to repeat them ad nauseam. And this WS is full of lies and misdirections -not that you can say in Court they are lies but you can point out where there is contradictions shall we say and let the Judge decide.    The WS says in point 31 that they robustly deny that their sign is prohibitive.    You could point out that  District Justice Glenn  in Parking Control Management (UK) Ltd v Bull & 2 Others (B4GF26K6, 21 April 2016), at the High Wycombe Court said    “If the notice had said no more than if you park on this roadway you agree to pay a charge then it would have been implicit that PCM was saying we will allow you to park on this roadway if you pay £100 and I would agree with Mr Samuels’ first analysis that essentially the £100 was a part of the core consideration for the licence and was not a penalty for breach.   The difficulty is that this notice does not say that at all. This notice is an absolute prohibition against parking at any time, for any period, on the roadway.   It is impossible to construct out of this in any way, either actually or contingently or conditionally, any permission for anyone to park on the roadway.   All this is essentially saying is you must not trespass on the roadway. If you do we are giving ourselves, and we are dressing it up in the form of a contract, the right to charge you a sum of money which really would be damages for trespass, assuming of course that the claimant had any interest in the land in order to proceed in trespass.”   And of course VCS cannot sue for trespass as they are not the landowners.  
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

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which was Tuesday

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

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paladium in London

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

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where they had

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Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

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go to later

Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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