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    • This is the first time that I have ever come across any courier company involved in something like this so it's a complete unknown. If you are properly prepared with independent assessments as to what has happened then there is no reason why you should lose and you should approach this problem with confidence. Keep us updated. I can well imagine that DPD hasn't taken any of this thing seriously but once they receive a properly drafted and evidenced counterclaim, they will then take time over it and they will then understand that their position is very poor and they may well approach you to settle the matter rather than go to hearing and lose. You may already have told us, but did you properly declare the value of this consignment and also did you opt to take out their insurance cover?
    • I shall take your advice and sit tight with all of my evidence.  Thank you for your help and I will keep you updated. Have you heard of them ever following this through to court? 
    • Thanks for getting back to me. We are based in East Sussex. I don't know if they are engage with their tenants I am getting details from all the tenants
    • Thank you. There are two possible routes here. You could sue DPD – and then they would probably defend and they would also counterclaim for the unpaid delivery fee. Alternatively, they could go ahead and sue you and then you could counterclaim for the expenses of the damaged items. It would be better if they would sue you and the reason for that is that you would be the defendant and therefore if there was a hearing, it will be held at your local court which would save you a lot of inconvenience. If you sue them, then they become the defendant and if there was a hearing then it would be heard at their local court which means that you would have to travel and plan the logistics of this. Normally speaking you can counterclaim without paying a fee but where the value of a counterclaim is substantially greater than the value of the substantive claim, when you might have to pay a fee. If you with the claimant then you will certainly have to pay the fee anyway. So I suggest that your best interests are served by preparing to be sued and then if that happens then to defend and counterclaim. We will help you. If eventually they don't follow through with their threat, then you will have to sue them. Whichever is the case, you will need to be well prepared and that really means that you need to seek independent assessments and evaluations of the damage which has been caused and the value of putting it right. These independent assessments may cost you money – but eventually if you win then you will get this back. So for the moment, start gathering your evidence. Make sure that you are fully prepared with your independently verified documentation and then hope that they will follow through with their threat and sue you.
    • thanks for the response   The items arrived totally damaged and our customer sent them back and we had to re make all of the items again. This cost was just over £7000. Yes we are on a creidt type account, I asked for the compensation on the problem delivery and they decided to lie and cheat and then close the complaint. we did take photos and so did my customer, DPD said they could not use them as it didnt show enough detail. this again is untrue.    The invoice we are with holding is £530  We had to remake all of the work as mentioned above.    I hope this helps a little more  
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katscratchmeow

Help with PCN Contravention 06

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Hi

Need some help with PCN Contravention 06

Having parked my car on the day of the fine, I realised that I had no change for parking meter, so I left car and ran in to the shop to get change, to be able to purchase my parking ticket, when getting back to ticket machine I realised the parking warden was putting details of my car in to his machine, I challenged him about this but as it was already through the system, as he stated there was nothing he could do. I had only been gone a minute, I kept my ticket and based my appeal on this, after the owner keeper letter arrived. I had not realised that getting change is not a reason to cancel the charge. Any parking tickets I have ever got which is not many in my life time, I have always paid. But this just was ridicules, as I left the car for a minute to get change, came back to car to see traffic warden, it was 2mins after he issued the ticket, that I got my parking display ticket if I had not argued with him I would have got the ticket sooner.

Needless to say they rejected my appeal and sent rejection notice. Has anyone any help with finding any faults with the PCN /Notice to Owner/ Rejection Notice. I will try to post images.

 

Thanks for any help

 

Pictures by katscratchmeow - Photobucket

Edited by katscratchmeow
making pics bigger

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I can't open the attachment.

 

Am I right in thinking that you received a Notice to Owner, then replied to it with you appeal, then received a Notice of Rejection?

 

If possible can you get a image of the documents on here, including the original PCN.

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The first thing I notice is that the PCN only states one minute observation time. In a Pay & Display bay, they should have given you longer.

 

The trouble is you have now made your representation, so the only recourse you have from here is adjudication. I presume that in your representation you stated that you were getting change?

 

This is where you stand: When you park in a P&D bay, you should be allowed a few minutes (I think 5 is standard) before a PCN is issued, in case you are in the process of purchasing a ticket or (if the local regulations permit) unloading, or helping a passenger who has just got out the vehicle. But NOT to go and get change.

 

My belief is that this timescale is discretionary, and not an absolute right - in which case, not being afforded that time period it isn't solid grounds for cancellation. However it would contravene best practice and undermine the local authority's case.

 

Someone else might be able to advise if this assemssment is correct.

 

You can do one of two things - speak to the local authority and ascertain whether they consider an error was made over the observation period, and appeal to their sense of fair play. This is unlikely to get you anywhere but worth a punt in my view.

 

The other course is to apply for a hearing with PATAS, who are the adjudicator. It's free but time consuming, and how strong your case is will depend on what you put in your representation. If you put in writing that you were 5 minutes, and getting change, then you've weakened your own argument about observation times. I couldn't predict how it would go, but you have nothing to lose by going for it, other than the time and effort.

 

It's also possible that the local authority might concede rather than attend the hearing.

  • Haha 1

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Thanks for the info, I have just relised that on the PCN it states the warden observed car from 12.35 to 12.36 but on the rejection notice it states that he observed it from 12.25 to 12.36. would this mistake be of any help to me.

 

Thanks

 

Kathy:|

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Surely the rejection notice can't disagree with the PCN?

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Yes the rejection states different from the PCN 2 different observation times.

I bought my ticket at 12.38 after arguing with the warden he put isuued ticket at 12.36.

 

Also on my my 1st appeal to council I stated that I was only gone a minute after parking as I had no change.

Edited by katscratchmeow

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I guess all you can do is apply for a hearing with the adjudicator. The fact that the rejection notice appears to have false observation times on will certainly go in your favour.

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