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    • Hello All   I will outline the my case here but I emphasise that it has reached the hearing stage etc... and a date has been set   Unfortunately, I had asked the advice of a private company , which may be known to many, who deals with parking appeals, pay them £20 for them to disappear and thats why Ive reached this stage. They did write a template defense for me after so many emails but am unable to contact them so have to deal with this myself.     Case:   I had parked on a multicar park at a large shopping  ( i dont want to name it  as dont want to be identified)  almost 2 years ago.   The parking company (XXXXXk) , using ANRP sent me  the usual NTK asking for the fee of £90. I did not appeal at the time. I contacted the appealing company who apparently , just for £20 would be willing to assist me. They said if it does to court then they will need another fee which I agreed to.   Reason for alleged contravention- overstaying more than 4 hours ( they allege it was a few hours more) with an entry and exit time on the ANPR photos    The case went to one of the debt recovery firms. who added another 50 to the 'alleged fine' .etc.    The parking company did all the usual, and eventually I received a Claim form from the CCBC. This was acknowledged.   I replied with a 35 paragraph defense drafted by the ' appealing parking company' .   This was emailed to the court email address CCBCAQ@Justice.gov.uk   The parking company decided to proceed with small claims court ( 100 'fine', 50 damages, + court fees/interest/legal fees).      Their legal team has now emailed me the bundle they have sent to the hearing court in  my city.   Within the bundle, is included a copy of the notice of allocation to small claims track ( hearing). The date of this was before Christmas. The notice gives a date and time of the hearing   I never received this by post. I have only found out because the bundle that the claimant has sent me has a copy of it.   In the notice of allocation it states that by 18th January defendant must send to the court and claimant copies of all documents he intends to rely on.   By 1st Feb, claimant and defendant must send to  the court and each other their witness statement that they will rely on in the final hearing .       Before going into the actual substance of the defense, I have some questions about this forms   1. I havent received a copy of the notice of allocation by the post. My post is redirected to a relative and they assure me they havent received it. I only found out today about it,  as part of the bundle that the claimant emailed me. This leaves me with really no realistic chance of responding by the deadline of 18th Jan. Any advice. Again I reiterate that because of covid and mail redirection, that is very likely to be the cause of my relative yet not receiving this document by post.   Furthermore , in the  defense that had been submitted previously, it was made clear that according to the CPR PD6, I give no consent to being served by electronic means yet the legal team of the claimant has emailed me the documents.      2. I had already filed a defense  previously as drafted  by the appealing private company , so Im not sure whether i need to file another witness statement again, albeit this would be to the local court to which the hearing has been allocated to. Would the initial defense submitted at an earlier not be the same ? or do I now have a chance of writing a new one because the claimant has now filed their witness statement and all their evidence so I can be more specific in tis defense.   Before really divulging in the details can I please have some constructive comments/advice as to whether I need to submit a new defense , and whether the one summitted earlier to the Northampton courts would have now reached the local court where the hearing woill occur. Also, where do I stand with the deadline of next Monday which i wont meet given that I wasnt aware of this at all neither by electronic mail notification or redirected post.   Thankyou              
    • I just completed this quiz. My Score 87/100 My Time 153 seconds  
    • i can't see one.. nearly all the irresponsible lending advice/guides i've seen and the letter they sent back would have told you what to do going forward, i'e the FOS... so i can't see how you can say you didn't know what to do.
    • ASG are a terrible company regardless, but no i don't think you have any recourse toward them no unless yo can prove fault with the boiler  which is now 10yrs ols and well outside any guarantee i expect, even with the manufacturer?   has the boiler been regularly serviced etc etc, looks like your contacted ASG after it started leaking and they advised a power flush for a leak? then  an eng said that was what has caused it?   can you clarify your story please  
    • Home repossessions are extended until end of April but the ban on vehicle repossessions ends on 31st January. 
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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
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Please note that this topic has not had any new posts for the last 3384 days.

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Every week there are, on average, upwards of 80-100 new posts that don't receive a reply ( and at a time when the forum is relatively quiet). Obviously there is a percentage that quite clearly don't necessarily need a response, but if you are a first time poster, it can be dispiriting not to receive any answer at all.

 

 

All you need to do is click on Search and then Advanced Search:

 

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In the Search Options box:

 

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Change 'At Least' to 'At Most' and select either 'Your Last Visit', 'Yesterday' or 'Last Week' and click on the Search Now button.

 

Or you can just click here. (thanks to Barracad)

 

 

Even if you don't know the answer to the query, just a word of support or encouragement will bump it, where hopefully it can be seen by someone with more expert knowledge.

 

So please try and make a '0 Search' whenever you can and help keep '0 replies' to a minimum.

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Thank you, Michael. :-)

 

To add to this, you may be a relative newbie, and you think that maybe there are people with more knowledge or experience or "seniority" who can answer, or you don't want to be seen to put yourself ahead. Please don't ever feel that way and never hesitate to respond. That's how this site grew and keeps on growing, thanks to us all ordinary users. :-)

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Tyvm for this Micheal, I frequently check the "new posts", but will now use the "advance search " opriot, never know I might be able to help or point a newbie in th right direction

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Could I suggest that people who start a new thread to post a link to a news article etc, answer their own post after a day or so if it goes unanswered.

It just reduces the amount of threads that come up in the search.

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Hi Michael

 

I for one am not always sure of the answers and don't want tp send 'duff' information. I think others feel the same and this tends to put you off saying anything. Saying that I will start to answer any I see if only to say hello.

 

Cheers

 

Chris:)

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Jailbird,

 

See post#2. If you're not 100% sure of any advice, just say so in the post. It's not a crime to be mistaken, someone will always correct it, if necessary, and that way the OP, you and other users learn and add to their knowledge. I should know, I've done it often enough myself :eek:

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Hey great idea, cheers for the advise. Funny I always check new posts and thats how I found this post but checking for 0 posts is much better and effective. MAYBE a good suggestion to admin to add as a function at the top navigation bar alongside of new posts. if possible.

I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.

1) give a small donation to this site to keep it going because without this forum I would know nothing.

2) Use your experience to help somone else on another thread.

 

Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

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Guest louis wu

For the past few days, I have been looking for unanswered threads, and TBH, I never realised there were so many.

 

I find, however, that the unanswered ones are sometimes the real tough questions. I agree Jailbird, it is sometimes difficult to have a go when your not really sure, but I have decided that just plain moral support helps, and gives the thread a little bump to the top of the page, where hopefully someone will see it who can really help.

 

I do remember being new, and worried about making my first post (first few posts in fact), but the friendly comments I recieved helped ease me into CAG gently. Never forget, a friendly word can sometimes mean more, and do more than a really important fact.

 

Great thread (as always) Michael, we all need a reminder as to the real basics of what we do, and what CAG represents.

 

louis

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Yes - thanks Michael.

 

I still don't like answering posts when I don't know the answer. But you're right -just the sense that somebody is there when you are new is, as louis says, the kind of moral support that is needed.

 

Point taken, and I will try.

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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I jus did a search as MB suggested - only 20 at the moment - and I really do not have a scoobie about any of them.

 

Looks like a lot of folk have been working hard.

 

:)

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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Guest louis wu

We've got it down to about 40 now.

 

Since MB's first post, it has come down to about the 40 - 50 post mark, but rarely (ok never that I've seen) gone below.

 

This is partly due, IMO, to the difficulty of some posts, and also that some are just one off''s that neither need or require a reply.

 

I think if we can keep on top of this (and I believe there are a few who are spending a lot of time on this), then we should be very satisfied, and suitably pleased with ourselves.

 

Louis

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Just been doing another sweep and a lot of the threads are really 'stumping' me (PPI, insurance queries, utilities and telecoms queries). But I've noticed that by putting the following on the thread seems to get the ball rolling, with other caggers with experience of the query posting on the thread:

 

Hi xxxxxxx,

 

Sorry, I've just noticed that you haven't had a reply yet. This isn't my area of expertise............. but hopefully somebody will be along soon to advise you further/point you in the right direction.

 

Best of luck :)

 

.............. seems to be working on most threads anyway! ;)

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I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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I've noticed that by putting the following on the thread seems to get the ball rolling

 

Hi xxxxxxx,

 

Sorry, I've just noticed that you haven't had a reply yet. This isn't my area of expertise............. but hopefully somebody will be along soon to advise you further/point you in the right direction.

 

Best of luck :)

 

Either that or:

 

BUMP

 

:-)

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Either that or:

 

BUMP

 

:-)

 

Ahhhhh............... but it's much nicer to be nice dear :)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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And you are :) (nice, that is)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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And you are :) (nice, that is)

 

Thanks! :-)

 

See Hedgio, somebody appreciates me! :p;)

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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You too Ellen............. you're a sweetie! x

 

EDIT: think you'll find she meant me stiggo! ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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it applies to you all, of course;)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Can you feel the love?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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