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    • Who actually carried the items? Was it Hermes? I understand that you declared that they were loudspeakers and that before you enter the contract you were told that they would be protected for loss only and so you took out an insurance to cover that risk – is this correct? I'm afraid that if that is correct then there is probably very little you can do. Was it provided to in writing that these would be protected for loss only?   
    • Hi Peter,   I recall Barclays required the account to be brought under a stated threshold. I presume that the failure to comply would allow immediate payment and the filing of a default.?  
    • Peter,   I thought overdrafts were payable on demand ?  
    • I'm sorry but this may be a long post but I really need some advice : My son has been working on a fixed term, claims based contract which usually finishes at the the beginning of January and then employees are asked back.. Unfortunately I was sent home from work to self isolate due to being in contact with a positive contact .I then started to feel unwell and sent for a test which unfortunately came back positive so my son had to also isolate. During this time he had kept his employers informed that he was having to self isolate and that I had received a positive and he had ordered a test and was being tested. (which actually came back positive) This is where it starts to go wrong ,although he had contacted work and gave the names of the colleagues who he had been in contact he sent an email (or so he thought) informing them that he was positive .It was not until he returned to work that he realised that the email was sitting in drafts. The app said that he had to isolate until 28th (he went to work on 28th) which he showed them when he got to work, however it does say that you have to isolate 10 days from the test or from when you start displaying symptoms so he had been isolating for 14/15 days. He was sent home as no one was aware of his test result and was told that the manager would contact him to arrange to speak to him but she was currently on holiday. He sent an email explaining all the time lines .He did not hear anything back until last week asking him what shifts he would be available for in the new year, all good we thought but then he received a letter yesterday stating  "After a thorough investigation relating to your conduct upon receiving a positive COVID-19 test result, the decision has been made not to offer you further employment " He replied saying that he did not know that there had been an investigation and requested the copies of the investigation. The reply was " "as you are not currently in the employ of ---------------there is no legal requirement for me to provide evidence for this. However in light of your request for information, the following informed the final decision:" The absence of communication with a manager upon confirmation of a positive COVID-19 result The absence of communication with a manager to arrange your return to work following a positive COVID-19 test result The high level of risk to people and business associated with the two points above The approach to communication with colleagues and management upon your return to work We have a duty of care to protect our employees and members of the public, and as we continue operating within this pandemic we must be able to fully trust our team to follow correct procedures at all times. Can anyone help please ? Do they not have to provide evidence especially he was not given the opportunity to defend himself.
    • Hey guys - I've read a fair few of the Hermes related posts but hoping you can guide me here.   I paid Parcel2Go to ship 2 speakers to me, via ParcelForce from an ebay seller (Value £170 + £33 shipping) I stated on the form it was 2 speakers, and having been told that these were protected for loss only, I took out their insurance (£9 cost) The seller packed them according to their packaging tips page - two layers of corrugated cardboard and some corrugated plastic cushioning (4 layers).    They arrived badly damaged - the base smashed on one, cracked on the other. Dents on both. Looks like they had been dropped several times from a reasonable height.   Parcel2Go are now saying that they class these as Musical Instruments and that they must be packed in a hard case.  As such they will not pay anything towards the damage. After searching through several pages, and buried links, I've have found this in their terms but its buried pretty deep, and wasn't at all clear in any correspondence, or during the booking process.   Do I have a leg to stand on in terms of making a claim in small claims court? Really disappointed in the terrible handling of both the parcels and the complaints process.   Thanks for any advice - its very much appreciated.    
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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

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can anyone shed some info on the above company?

 

just need to know if they are reputable or cowboys before i seek further advice on here.

 

cheers,

 

barty.

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new(ish) company so probably a standard PPC under a new name (old one too tarnished maybe..).

they have never filed any accounts and their return is overdue.

report them to companies house for a compliance failure

and treat them as rogues.

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Have you read the stickies?

 

Then take a look at their website and read that it says this:

 

By parking the driver automatically enters into a Contract with you for you to issue a Fixed Penalty Charge.

 

You may find that answers your question.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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and they have a 'legal department'..

 

and their tickets are headed "Fixed Penalty Charge' according to the sample they provide...

 

jokers - not even worth winding them up.

 

according to their onsite order form their address is

27 Old Gloucester Street

WC1N

 

anyone nearby . . . .

Edited by lamma
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What is also interesting is that they give the following in their clamping FAQ:

 

What happens if you damage a vehicle on my property?

We carry full Combined Liability Insurance (see our certificate), which covers us, to work on your property and we shall indemnify you against any claims that could arise.

 

If you take a look at their "certificate" here:

 

Parking Control Services - Solutions To Your Parking Problems

 

You will first see that they provide an Employers Liability Certificate which is utterly irrelevant to the question. You then see that they have £5Million of public liability insurance (that's good) but only for 7 employees.

 

Do we reckon that they can do all they claim with 7 people?

Are they using contractors? Are their contractors insured?

Never mind they give the landowner an "indemnity" that means that the landowner can pay claims with no obligation to mitigate and PCS has to reimburse.

 

Tough sh1t I say!!

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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If I was lucky enough to get one of their invoices I would be tempted to write to each and every firm they advertise on their ''clients' page..

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To those who know;) You don't think this could be our friends from Oldham do you? Cos much of the jargon seems about right & very much the same.............. drivel

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EL cover usually does include PL as does this policy but I doubt it would indemnify their client, or them, when being successfully sued by a consumer for PCS's negligent or unlawful behaviour

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EL cover usually does include PL as does this policy but I doubt it would indemnify their client, or them, when being successfully sued by a consumer for PCS's negligent or unlawful behaviour

 

EL cover pays for injuries to members of staff in the course of their employment. It never includes PL but they may be separate sections of the same policy as is the case here.

 

You can upgrade your doubt to a certainty!

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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thanks for your replys,

 

a brief outline of the case......a colleague of my wifes, a carer, attending an old lady, parks in the same place she has parked for the past 6 months. call takes 15 mins. returns to car, clamped!

 

calls the clampers, explains she has to have car released as she has very young child expecting her at home. clamper returns 3 hours later. she argues that there are no signs and that she was on legitimate call with a note on her dashboard. clamper checks parking area and finds the notice on the floor, and puts it up in a temporary position.

 

result, £75 plus £125 clamping fee =£200 for 15 mins.

 

what really gets my goat with these rogues is that to contact them you have to call an 0900 number at £1.50 min.

 

anyway, i'll let the lady know that she is dealing with cowboys, as i suspected.

 

thanks for your responses,

 

barty.

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EL cover pays for injuries to members of staff in the course of their employment. It never includes PL but they may be separate sections of the same policy as is the case here.

 

You can upgrade your doubt to a certainty!

 

If you read the document you will see that PL IS included at a premium cost of £504

 

As I stated most EL policies include PL

 

However to suggest it covers them with regard to their client is misleading. PL (Public Liability) means just that public not contractual

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Just been looking at their website - what a hoot!

 

They have samples of their ticketing system including those yellow plastic wallets stating:

 

"It is an offence for anyone other than the driver to remove this ticket"

 

If you were lucky enough to get one of these tickets, you could have some fun.

 

Wait for the bogus "notice to registered keeper" to come through the door and write back.

 

Dear Sirs,

 

Thank you for your letter dated ********. It begins to answer a dilemma I've been in for the past couple of weeks.

 

I noticed a yellow sticker attached to the car stating it was illegal for it to be removed by anyone other than the driver. Unfortunately, the driver at the time did not do this. As mere registered keeper, I did not feel qualified to remove the notice myself, not wanting to get into trouble.

 

Do I now have your permission to dispose of the ticket in an environmentally responsible way?

 

You clearly have issues which you wish to take up with the driver of the vehicle at the time. When you catch up with them, please give them a ticking off from me.

 

y/f

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If you read the document you will see that PL IS included at a premium cost of £504

 

As I stated most EL policies include PL

 

However to suggest it covers them with regard to their client is misleading. PL (Public Liability) means just that public not contractual

 

I did read it thank you!

 

I know what you stated but I think what you may mean to say is that "most commercial liability policies cover both Employers and Public Liability."

 

That is what they have, it is a single combined liability policy that covers Employers Liability and Public and Products Liability. Stand-alone Public Liability policies often cover Products Liability as well but a stand alone Employers Liabilty policy will never cover Public Liability (or any other class).

Edited by Bernie_the_Bolt
Was too harsh, on reflection

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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If they were to include contractual liability they would need a separate policy called "Contractor's All Risk" - a very much more expensive proposition.

 

Not quite, a CAR policy is generally used to cover stuff like building works etc. It is not designed to include contractual liability. In fact they don't need contractual liability (which covers their liability assumed by them under contract) what they should have is their contractors and sub-contractors included as additional insureds under their public liability.

 

Given that they have declared 7 employees I very much doubt that they have this.

 

SO what does this mean.

 

It means that anyone who engages these people should be concerned that if damage is caused to vehicles that it may well be uninsured, PCS may tun out to be a "man of straw" and unable to meet its obligations under its indemnity and you are left carrying the can.

 

If you are clamped by a PCS contractor it means that if your vehicle is damaged, you may find yourself with no oprtion but to claim on your own insurance and/or self fund the repairs.

 

(Sorry for the insurance masterclass stuff!)

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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If they were to include contractual liability they would need a separate policy called "Contractor's All Risk" - a very much more expensive proposition.

 

but I think you'll agree that's not what's being implied

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I did read it thank you!

 

I know what you stated but I think what you may mean to say is that "most commercial liability policies cover both Employers and Public Liability."

 

That is what they have, it is a single combined liability policy that covers Employers Liability and Public and Products Liability. Stand-alone Public Liability policies often cover Products Liability as well but a stand alone Employers Liabilty policy will never cover Public Liability (or any other class).

 

I'm not disagreeing with you Bernie. I'm simply stating that MOST EL policies sold are combined with PL & again I'm not disagreeing I'm saying that their PL will not give the sort of cover to their clients which they seem to imply on their website

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  • 10 months later...

I have had (bad) experiences with this outfit and I thought I would share those here.

Briefly in terms of the facts, I was driving a friends car and had it clamped in an area of Bow, East London where there was not any signs showing I couldn't park there. It turned out that the signs had been pulled down. My friend paid in cash for the release to the tune of £235.

In the eyes of the law, where there is no sign prohibiting parking, the clamping is illegal, as the driver/owner has not consented to the risk that his/her car may be clamped (Vine v London Borough of Waltham Forest is the relevant authority). Having discovered this, I felt it was worth the fight and so I disputed it with Parking Control Services in the first instance and received their computer generated response telling me to seek legal advice. I actually happen to be a trainee solicitor and so I followed this through to the Courts.

I issued proceedings in the County Court and Parking Control Services didn't even bother to file a defence. I obtained judgment in my favour, naively thinking at the time that I would get my money back. However the following is crucial to anyone thinking of chasing these cowboys:

1. Don't be fooled by their smart website and fancy EC2 postcode. This is a PO Box address.

2. Their registered company address is some obscure address up in Park Royal, North London. This is likewise a shell outfit.

The upshot of this is that there is no means of enforcing your judgment should you obtain one. In the normal course of things, you can pay for an enforcement order (£55) and the Court will send bailiffs round to secure the possessions of the defendant. In the normal course of things, the threat of bailiffs on their door going to seize company computers should compel them to pay up. Of course, because there is no office and no computers/other high value items to seize, getting a bailiff will be a waste of time and money.

If you have paid a clamping release fee by card then you may have another trick up your sleeve, namely a Third Party Debt Order. A Third Party Debt Order is essentially where with the bank details of the defendant, the court orders the bank to freeze it, disallowing any money going in and reserving the money owed to you. This is an effective method of enforcement, however you will most likely need legal representation for this as you need to persuade the bank of Parking Control Services to disclose these bank details to you for the purposes of litigation. In which case, I would recommend going to a local Citizens Advice Bureau and they can point you in the direction of a local free legal advice centre. I personally volunteer at one called Toynbee Hall which is based near Aldgate East tube, East London.

One further point, it may be prudent to check out the company before you begin on the long process of suing them. If the company has a whole host of County Court judgments against them, they probably won't pay up yours either, so its worth doing a search against them. This can be done online at www.registry-trust.gov.uk for a fee of £8.

Any questions on this, I'll do my best to respond and clarify.

NB: Please do not directly rely on this as legal advice. The above is intended as helpful guidance and the writer accepts no responsibility for any inaccuracy or any losses that this may incur.

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look at the SIA website, if its the same clamping outfit Parking Control Services they were operating illegally as of setember 08. The clamper need a frontline license and the principals nee a non frontline license, if they are operating withour either then you can sue the landowner.

 

Director Information for SANJEEV GILL

Businessman

trasp

Companies Information For SANJEEV GILL

Parking Control Services Ltd

unit k4z southall business centre

Director

UNIT 4-5 THE BRIDGE BUSINESS CENTRE BRIDGE ROAD SOUTHALL Middlesex UB2 4AY

Deli 177 Ltd

Company Secretary

177 THE BROADWAY SOUTHALL Middlesex UB1 1LX

gill, sanjeev 10/02/1976 iver SL0

gill, sunil 01/01/1971 iver SL0

gill, meena 01/01/1980 iver SL0

masih, aloysius joyti 20/06/1966 iver SL0

gill, babita 24/09/1981 iver SL0

gill, sital 10/05/1980 iver SL0

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Parking Control Services Limited (registered company number 06043819) is not the same as "Parking Control Services" who I was unfortunate enough to deal with.

 

Parking Control Services is their trading name, their company is Magnaco Ltd, Registered office: 7-11 Minerva Road, London NW10 6HJ Registered in England & Wales No: 04809559.

 

As a footnote to this whole ordeal, I would love to hear from anyone who has also had a successful judgment against Parking Control Services. If £750 is owed to debtors, it is enough to make an application to court to wind up the company. If I could find enough people who are also owed money, I would consider looking into making such a joint application to finish their operation and get our money back as secured creditors. It is not something I have looked into extensively, but its the only option I can now think of to get my money back!

 

This may be unlikely, but if you have got a judgment against them then please contact me and we can see if we can take it further still!

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