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By honeybee13 · Posted
Hi. Could you post up the PoCs as a pdf file please? It's easier for people to read and/or download. Who is the claimant please? HB -
i sometimes like old school snotty letters... NCP/BW ANPR PCN Letter of Claim - Spires Barnet - Private Land Parking Enforcement - Consumer Action Group
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Need some advice to defend this claim please. I have posted a redacted copy of the Particulars of Claim if needed. (no mention in POC about being parked in a disabled space displaying badge) Be grateful for any assist. thanks stephen XL
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Just got home to a letter from court saying set aside and I am to file a properly pleaded defence supported by a statement of truth dated and signed by me by 4pm 13.04.21.
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I don't think this is quite correct. The key considerations are (1) do members of the public, as opposed to a special class of people (like residents and their guests), actually use the area, and (2) if so, do they do so in defiance of a prohibition, explicit or implicit? The fact that it's physically possible for the public to access an area doesn't make it a public place. The presence of a physical barrier is good evidence that a place is not public, but the absence of a barrier is not proof that it is public - a "keep out" or "residents only" sign would have the same effect as a barrier. And even the sign isn't necessary if there's an implied prohibition (your front garden is not a public place, even if you don't have a front gate), or if there's no actual use by the public. There's a useful summary of the case law in Hallett v DPP https://www.casemine.com/judgement/uk/5a8ff72460d03e7f57ea8696 In that case a person was convicted of drink-driving on an ungated service road which provided access to the back gardens of some 20 houses. The High Court overturned his conviction because there was no evidence to establish that it was actually a public place.
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347-
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
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BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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Picked By
BankFodder, -
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