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    • Presumably you have received your own NIP/s172 request after the lease company identified you as the person the car is leased to?   First thing to say is that, regardless of any questions over the date of the first NIP, you must still reply to your own NIP/s172 within the time limit given otherwise you are committing an entirely separate and more serious offence than any speeding infringement.  If you were the driver you should nominate yourself.   You need to be careful arguing that the first NIP was not sent out in time.  Note that it is only the first NIP that is subject to the 14 day limit, and that NIP needs to go to the Registered Keeper.  There is no time limit on subsequent NIPs.   So are you 100% certain that your lease company is the registered keeper and do you know that for a fact?  Please note that the registered keeper of lease vehicles is often not the lease company, but a finance company.   If the police are saying that the first NIP was sent to the RK within the time limit, you can be 99.99999% certain that they will have evidence proving that fact.  Assuming it was sent out first-class, there is a legal presumption that it was delivered two working days after posting, unless the addressee can prove it was never received.  So if the police are saying the first NIP was sent out within 12 days, the RK would have to prove it was never received within 14 days to provide a defence.  As you might imagine, that is very difficult to prove otherwise everybody would claim it.  Unfortunately, "reminder" NIPs are usually not marked as such and may be indistinguishable from the original.   So you need to confirm (preferably by sight of a copy of the actual V5C document as staff of lease companies do not always know) who the Registered Keeper is, and when they recived the first NIP.  If it was received after 14 days can they prove that fact (eg by a date received stamp and an appropriate system for dealing with mail received) and can they prove that they didn't receive an earlier NIP?   Hope that makes sense!  If it doesn't another poster called Man in the Middle will clarify what I 've not explained well or got wrong.
    • Simply confirming no mediation and the claim is proceeding to allocation.   Andy
    • Thanks for the swift response. Will continue to read around.   I have a date of march 10.
    • First of all, they always say that you should be prepared to give up ground. If you are convinced as to your rights in the matter – and we certainly are – then there is no reason for you to give up any ground at all. You may come under pressure to give up ground – but you don't have to concede any ground. The benefit to Hermes is that they don't end up going to court so that they are spared extra expense and also there are spared the embarrassment of a judgement against them. When you are given the mediation date, then let us know and then we will go through it with you. However, read up on all of the threads in this sub- forum. You will find exactly your situation have occurred several times and have already gone to mediation and you will find that we have already given explanations on each one of the points. Familiarise yourself with the stories and the principles involved. When you get your mediation date then come back here and let us know.
    • I have read the page on mediation, but wanted to clarify a few details.   I have been given an arranged time for the mediation call. The email from the court states:   "for mediation to be successful, you would need to be willing to negotiate on the amount of the claim and have a degree of flexibility".   Should I have to give up ground? At this stage, I feel I am owed what I have lost, and what the claim has cost me, not to mention my time. The email says if you aren't willing then mediation is unsuitable.   It then also suggests:   "It is crucial that you are able to briefly and accurately explain your claim or defence. It is vital that you have prepared for the mediation by putting together a brief summary of your opening position. Only the key points are necessary at this stage as the longer the time taken discussing the disputed issues will reduce the time available for exploring settlement options."   I am of course aware of my opening position - that they were negligent and lost my item and thus I believe I am due recompense. However, I am not certain of the legal particulars of my argument.   Furthermore:   - Should I mention that the defendant may not wish to proceed to court as it may support a precedent for others in a similar situation to also claim against them? - Are there any other things I should be mentioning to the mediator?   Appreciate the guidance.
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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
      • 33 replies

Minster Baywatch PCN Claimform - xxxx hospital, xxxx (city)help!


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some ill informed fools on here

 

Yes, you are, congratulations.

 

the parking company in question has a legal right to take lagal action

 

Lagal action is what happens on Planet Perky

 

TRUST ME I DO KNOW WHAT Im ON ABOUT

 

Even if I have not mastered CAPs LoCk just yet.

 

foolls on here with there ill informed information and there childish comments,,

As opposed to me, a font of accurate and adult information and comment, lol.

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Probably best not to engage with these numpties too much. No doubt he'll be having a little chuckle at the attention he's received.

 

I await his next incarnation!

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Just to update (you guys were so good to me it would be rude to not share the resolution)... I ignored all letters, as someone in this forum said, I got 2 from Minster Baywatch (ignored), 2 from Debt collectors (ignored) and 2 from Charles Grey/Michal Sobell (does this guy even exist???). The last letter was very threatening but I ignored it and have not heard anything since.

 

That was March. It is now May.

 

Make of that what you will... personally, I have been converted into believing PPCs have no authority or power.

 

pieboy

 

"Charles Grey" ? or G.White ? if its Charles Grey thats a new twist.

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Just thought I would stick my 2 bobs worth in!

I think you are all wasting your time trying to educate people like ruddiger and manfromathens CAGgers.

My grandad once said to me, whenever he came across a particularly simple individual;

 

'You can't educate pork, son'.

I said; 'What do you mean, grandad'?

He said; Thick as pig****, lad, thick as pig****'

:D jed

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  • 2 months later...

Ok guys

 

Since my last post I'd forgotten all about teh ticket... today I got a letter from Northampton County Court claiming for £127.43 from the ticket. I only have a few days with which to submit a defence...

 

anyone got any ideas? What shoudl my main points be?

 

Currently I have:

 

The claimant has refused to show proof that I was the driver of the vehicle on the said date.

 

The alleged amount claimed is out of proportion with the real damages that would be sought for such an alleged offence.

 

What else should I put and is it ok to word them like the above?

 

pieboy

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Ok guys sorry for double posting but this is serious and I thought more people might look at it if it were a new thread...

 

Basically I got a PCN from Minster Baywatch in August last year for allegedly parking without a ticket. I got advice not to pay and ignore the letters...

 

Since my last post I'd forgotten all about teh ticket... today I got a letter from Northampton County Court claiming for £127.43 from the ticket. I only have a few days with which to submit a defence...

 

anyone got any ideas? What shoudl my main points be?

 

Currently I have:

 

The claimant has refused to show proof that I was the driver of the vehicle on the said date.

 

The alleged amount claimed is out of proportion with the real damages that would be sought for such an alleged offence.

 

What else should I put and is it ok to word them like the above?

 

Thanks

 

pieboy

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Since my last post I'd forgotten all about teh ticket... today I got a letter from Northampton County Court claiming for £127.43 from the ticket. I only have a few days with which to submit a defence...

If you only got the claim today, you have 14 days from the 'deemed date of service' (this will be on the claim form) to acknowledge the claim. If you do that within the 14 days, you then have 28 days from the original 'deemed date of service' to submit a defence. Suggest you post on Pepipoo, where there are some well-versed experts.

 

See here for Minster Baywatch threads:

http://www.google.co.uk/search?hl=en&client=firefox-a&rls=org.mozilla%3Aen-GB%3Aofficial&q=site%3Aforums.pepipoo.com+Minster+Baywatch&btnG=Search&meta=

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Ok guys

 

Since my last post I'd forgotten all about teh ticket... today I got a letter from Northampton County Court claiming for £127.43 from the ticket.

Is this a stamped and genuine document from Northampton County Court?

What does it state in the particulars of claim?

If possible scan document suitably washed of all personal details.

regards

Please remember our troops, fighting and dying in our name. God protect them.

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yeah it's stamped and all that...

 

Particulars of claim:

 

"Payment of a parking charge notice together with administration costs associated with its recovery, The defendent?s (sic) vehicle xxxxxxx was parked without authority on private property at xxxx hospital, xxxx (city) on 20/11/2008. Parking charge notice no xxx was issued to this vehicle on 20/11/2008. We are seeking a payment of money for all the full amount of due fees.

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 20/11/2008 to 21/7/2009 of £2.43 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.01."

 

I'll scan the docs tomorrow.

 

What do you think?

 

pieboy

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subscribing ;)

 

FD... taking someone to court and actually standing a chance of winning are 2 different things :)

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Mike Perkins of CPS (ruddiger probably)) has a private forum where they all go and plot together.

 

Unfortunately the likes of UKCPS, Excel and Minster sometimes fall for his bollox and issue half hearted court claims.

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I agree with AL start your own thread for this one, should not take long to bin this nonsense, note how they skirt around the issue of the driver and any contract by stating, 'the defendants vehicle'.

Might be worthwhile to pm PT to have a look at your own thread when started.

Please keep us posted on any further developments.

regards

Please remember our troops, fighting and dying in our name. God protect them.

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Paperwork is peachy. Our OP is accused of 'parking illegally', committing an 'offence' and thus has been issued a 'penalty charge'.

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  • dx100uk changed the title to Minster Baywatch PCN Claimform - xxxx hospital, xxxx (city)help!
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