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    • https://completelyretail.co.uk/scheme/2418                                                                                                                                                                                                                                                                                                                                                                                                                                                                  I do think he is right about the car park.   This is the Purley Way Retail Park and the photos of the vehicle were taken in the other park.                           
    • That WS is appalling.   I got lost with all the "I", "he", there is only one person being sued.   You, personally, have been great at supporting your dad's mate, but as the mate is presumably retired I don't understand why he/she hasn't used the time to look up WSs that were successful on the forum.    
    • worthy to note on google earth that is the purley way carpark in their NTK pictures and if thats his car , the defence and that WS is not going to work.   he is looking at the WRONG carpark, in his statement, the caravan one with the bailff notice is not purley way !!
    • Having received a claim for a parking infringement in February 2020 my friend went to discover where the Purley Way Retail Park was.   He told me what the 6 shops within this complex were and I then knew that I had never been inside these shops or the car park that is situated in front of these stores.  Apparently, he had also spoken to a member of staff within one of the shops who confirmed that there was no time limit for parking in this car park.   I then replied to this with a defence claim stating the following.    "I have just received notification of a parking infringement which occurred 25/5/19." "Obviously, I can't remember where I was on that day but I have now visited the Purley Way Retail Park where the offence is alleged to have occurred and I can confirm that I have never shopped in any of these six shops in that retail park. also there doesn't appear to be any parking restrictions apart from caravans"     Perhaps I should have said that I had not parked there on that day in question 25/5/19 but that is what I meant.   I received a reply to this defence claim dated 5/3/20 rejecting my defence.   Mr then said he would help me in this matter and he returned to Purley Way Retail Park and took photographs of the entrance and the signs available at the entrance. He then emailed them to BW on the 20/4/20 as shown above after a phone conversation with them.   As requested, the 3 photos (numbered 1,2 and 3) of Purley Way Retail Park. The drive-in entrance is the only way into the units and although the 2 car parks either side of this unit only allow parking up to 3 hours, this car park has no parking restrictions which was confirmed to me by a member of staff about 2 months ago.   I suppose it's possible that a year ago parking restrictions were different and if so, can you please let me know when they changed. He received confirmation that they had been passed on to their client and would get back with a reply.   As he had not had a reply, he phoned on two more occasions but no reply had been received from TPS. Eventually he phoned on the 3/8/20 to be told that they now had a reply, after over 100 days and they would forward it on. On receiving that email, he immediately knew they were not photos of the Purley Way Retail Park (photo 4) as it was a much larger car park and he told that to BW.    On the following day further photographs were sent of my vehicle in the same car park as the previous days offering which is not the Purley Way Retail Park.   He was not completely sure what the car park was but on his return to this county he discovered they were photographs taken in the Lombard Retail Park (photo 5) which is situated over 3/4 mile (1.2km) from the Purley Way Retail Park. I have also enclosed photos of the same car park (numbered 6 and 7) in which you can clearly see the Matalan store and also the Range which replaced Homebase when it shut down.   Bearing in mind that you have shown a photo of my vehicle in this car park it could not be in the Purley Way Retail Park at the same time and I confirm it was not ever left in the Purley Way Retail Park.   I believe that the facts stated in this statement are true.  
    • and where is the claimants WS too? much better to counter theirs than just write some random bits from the internet that might work.   where is he getting the date for WS submission from  what date is the hearing what date must they pay the fee by?   he can be a day or 2 late   might be much easier to simply scan up the court order that states these things.
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    • Mediator point - Hermes lost my parcel and it is offering just a partial refund of the total amount requested. What's next?. https://www.consumeractiongroup.co.uk/topic/434633-mediator-point-hermes-lost-my-parcel-and-it-is-offering-just-a-partial-refund-of-the-total-amount-requested-whats-next/&do=findComment&comment=5109422
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    • 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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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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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
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