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    • It's a shame that you don't have pictures of the damage packaging. Not very clever of the recipient not to have taken these photos. Find out all the information you can. Careful preparation and lots of evidence is important. Whether I think you have a good case will not especially relevant. At the end of the day it is you who will have to decide whether you want to fork out the court fee and have a go at getting your money back. Your's to win and your's to lose
    • @BankFodderthank you again for your reply, I really appreciate it.   I will go through the machine procedure again today. I'm so relieved to hear you think I've got a good case against them.    I have been sent my guitar back from the buyer and he has been refunded in full.    I have photographs of the guitar dated day of listing on eBay and then the photos the buyer sent me of it damaged.    Oh yes, huge lessons and I won't be putting anything of such value in the post again! 
    • Seeing as most here  hate Johnson and the Tories who do you suggest we have running the country?   I am not a fan of Johnson but nor do I like the Labour party lol,    just a general question   Sandy xx
    • Well now you know a bit better – you sell things on eBay then make it clear to your recipient that if the parcel arrives damage they should take lots of photographs before they open it and while they are opening it. Where's the guitar now? Do you have photographs of it now? Does the machine give you an opportunity to view their prohibited items list? Maybe you should go back and doublecheck. Maybe you should also go back to the machine and go through the process and see at what point it invites you to say what the item is. Either way, it could be helpful. If the machine doesn't invite you to describe the item then obviously you had no opportunity to do so. If the machine does invite you to describe the item – then clearly they knew about it and they took it anyway. As you are finding out, most of the cases on this forum – and elsewhere are to do with lost items. Hermes seems to have a particular knack of losing items – but if you have sent an item which has been properly described and properly valued and you even bought their so-called "insurance" which is designed to get you to protect them against their own negligence, then I see you have a very good basis for a claim. Keep on reading around the forum. Start reading up also on how to bring a small claim in the County Court. I'm afraid that you will almost certainly have to issue the papers.
    • Hi slick132   Thanks for the reply   I appreciate your help with the wording.  My only concern is that I really really like the spa, I wouldn't want them to agree to my gym cancelation.   I suppose that's all that I can do..    Thanks 
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Hi i am trying to establish whether this warrants a parking fine? i do not believe i was blocking the dropped footway but obviously parking attendant thought otherwise. I am going back to look at the dropped pathway today would it be a good idea to measure the height?

 

the pictures the council sent me are very blurred not sure if they are going to produce better pictures in court. i have posted some pictures i took on my mobile at the time

Edited by shaz1000
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Please wait for an expert to look at these, but IMO I do not believe that constitutes a legal dropped kerb situation. It looks more like the kerb has been damaged (squashed down) by vehicles repeated cutting across it when turning the corner

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still parked on the junction though,obstructing everyone

 

but that is not what the PCN relates to according to the OP.

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Please wait for an expert to look at these, but IMO I do not believe that constitutes a legal dropped kerb situation. It looks more like the kerb has been damaged (squashed down) by vehicles repeated cutting across it when turning the corner

yes one of the paving stones is damaged and does look lower. the council have now put double yellow lines where i was parked

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A dropped kerb will have triangular kerb stones leading to lower level ones. These definatly look like old kerbs that have dropped.

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A dropped kerb will have triangular kerb stones leading to lower level ones. These definatly look like old kerbs that have dropped.

so what should i appeal on?

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if you contest this i suspect they will say that you are parked to close to the junction anyway and just re-fine you for that instead

you can give it a go tho

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sorry on what basis are you saying i should appeal?

 

Appeal on "the contravention did not occur".

 

Whether you were committing another type of offence instead is irrelavent, they did not accuse you of parking too close to the junction or anything else, so can only proceed with the "parked across dropped kerb" offence, which it would appear, you probably didn't coz the dropped kerb doesn't exist.

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You don't have to send anything at this stage as far as I know. You only have to contest that the contravention did not occur,

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You don't have to send anything at this stage as far as I know. You only have to contest that the contravention did not occur,

i have the notice to owner

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i have the notice to owner

 

I think, (although I have never had a NtO), that there is a box on the back to tick that states it didn't occur.

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I think, (although I have never had a NtO), that there is a box on the back to tick that states it didn't occur.

that is correct but i just wondered if i should send accompanying documentation in the form of my own pictures?

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lamma or G&M could probably advise best what if anything should be included at this stage.

 

Hang on for a bit and I am sure one of them will pick up on this thread. :)

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Ask the highways department (not parking) if there is a drop kerb at the location.

my 28 days is up on tuesday and the notice to owner has to be sent back by post - so may not have time to wait for a response. But that is a good suggestion, thank you

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I know it's not relevant to your problem, but to be honest you are just asking for trouble parking there. So you are totally unaware of the highway code or someone that doesn't give a toss about it, or the problems parking your car there causes. Taken from the Highway Code just for you :

 

217 - DO NOT park your vehicle or trailer on the road where it would endanger, inconvenience or obstruct pedestrians or other road users. For example, do not stop

  • near a school entrance
  • anywhere you would prevent access for Emergency Services
  • at or near a bus stop or taxi rank
  • on the approach to a level crossing
  • opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space

If you had followed the Highway Code then you wouldn't even be in this situation.

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my brother just sent me a clearer picture which he took. My car was parked adjacent to stone 1 and up to the line on stone 2. However, you can see from the angle how the kerb drops on stone 2 and then is raised on stone 3

Edited by shaz1000
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I know it's not relevant to your problem, but to be honest you are just asking for trouble parking there. So you are totally unaware of the highway code or someone that doesn't give a toss about it, or the problems parking your car there causes. Taken from the Highway Code just for you :

 

 

217 - DO NOT park your vehicle or trailer on the road where it would endanger, inconvenience or obstruct pedestrians or other road users. For example, do not stop

  • near a school entrance
  • anywhere you would prevent access for Emergency Services
  • at or near a bus stop or taxi rank
  • on the approach to a level crossing
  • opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space

If you had followed the Highway Code then you wouldn't even be in this situation.

 

Why don't you pop over to the Bank charges forum and tell them if they hadn't gone overdrawn they wouldn't have got any charges!!

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Why don't you pop over to the Bank charges forum and tell them if they hadn't gone overdrawn they wouldn't have got any charges!!

 

Going overdrawn happens by overlooking payments due out. Parking so close to a junction is just stupid and dangerous. To be honest, people that just have no concept of the problems they cause should be fined. If a child was crossing there, guess who's car would be blocking the vision of other drivers approaching that junction. Just hope it isn't your child that gets knocked over cos some lazy sod can't be arsed to walk a few hundred yards, so plonks the car on a junction.

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