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    • Thanks @lookinforinfo.   The text is updated:   1.       This case is often quoted by the claimant as assisting their case. However, in this instance it actually assists mine. It is contended that the act of stopping a vehicle does not amount to parking. This predatory operation pays no regard to the byelaws at all. It is likely that this Claimant may try to rely upon two 'trophy case' wins, namely VCS v Crutchley and/or VCS v Ward, neither of which were at an Airport location, which is not 'relevant land'. The Airport land is subject to the Airport Byelaws as specified in 'Section 63' of the Airports Act 1986 [EXHIBIT A]. Both cases involve flawed reasoning, and the Courts were wrongly steered by this Claimant's representative; there are worrying errors in law within those cases, such as an irrelevant reliance upon the completely different Supreme Court case. These are certainly not the persuasive decisions that this Claimant may suggest. Furthermore, VCS has been running the parking business at airports over the years it would be expected that they would become familiar with the Airports Act. Unfortunately, they choose to neglect and deny the Act in their Witness Statement.
    • Hi Mango,   Please don't post in large blocks of text as it's far harder to read. Spacing added for you in the post above.   Please give brief answers to UncleB's Q's above so we can better assess your case, thanks.
    • "These are certainly not the persuasive decisions that this Claimant may suggest." Well worded.   I would add that as VCS have been  active in Airports over the years  that one would  expect they would be familiar with the Airports Act which would call into question the accuracy of their WS.   By questioning their WS you are hoping that VCS might decide not to turn up in Court [giving you a walkover] as they might not want the Judge looking closely at their WS. Also it would not be good for them should you win your case based on the Airports Act as it will have other Courts  kicking out other Airport cases hitting them in the pocket.    
    • Hi,   Still no response. I have my Liability Order hearing in a few days time, I was hoping I might have been able to receive a response from either my local councillor or the leader of the council before then. I wonder if they are just going to ignore my email?   Walshy    
    • I have got an  independent expert report which clearly states it is a manufacturing fault, which DFS have been made aware of.   My point is that as a huge retailer of leather sofas with leather peeling  being a common complaint to me it seems evident they are aware it is a manufacturing fault on their side. Yet they play games with customers and worse of all try their level best to get the customer to believe that it is their fault due to oils or creams they are using.   Even if one is to believe that every day creams etc can cause this damage then in any event the sofas are not fit for purpose.   Surely they are merely playing a numbers game banking on the fact that most complainants will not follow through with legal action. Yet what about the anguish and distress they cause to customers in the process.   To me this shows alot of contempt towards consumers and is clearly unethical.
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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

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Hi

 

The only place to start is at the begining. After having lots of trouble with Rosendales demanding hundrands of pounds every week managed to get my local council to talk to them and set up an agreement that I could afford to pay each week. Which I have been every week with out fail at the local post office so I had reciets. That was a year ago or a bit less.

 

I moved house 4 weeks ago (still paying Rosendales may I add) and i had servel letters from the council in one day saying diffrent things and a letter from Rosendale saying I had defaulted and they were coming to get goods.

 

I went strate away to my local council and asked them what was going on and what and were I should be making payments too. I also asked them how I had defaulted on my payments when I had recites to say I had paid. The person I spoke to from council tax was also confussed so left me in a side room for 40 min while they found out what was going on.

 

They came back and told me infrontof a witness that I had defaulted cos on week I payed Rosendales the money on the saterday instead of the friday. But they said the good news is that they won't be coming out to your house becouse one of the accounts had now finished and the other one only had £68.00 left on it. They also said there was council tax left to pay on my old house. They wanted me to pay £100 to the council on the 12th of this month and then for the next 5 months on this date. And £68 to Rosendales on the 16th of this month. I asked over and over again if after I had payed the £68 I would not have to deal with Rosendales ever again and they said yes as long as I paid on time. I also asked over and over aain if they were sure that Rosendales would not come out to my house. They said yes and reashured me.

 

So off I went happy and payed both payments on time. This morning Rosendales turned up to my house with 2 Balifs and 2 vans saying they were going to take my things. I was very shocked and conffused and told them that everything was clear. They told me it was not and the I still owe £261.71. So I said I will go and get the paper work the council have given me and all the reciets. I locked the door behind me (after learning what they can do a year ago and being on here) while I got them and showed them to the balif and he said no we have been told by the council this morning to get the money or take goods.

 

I said to them well i need to talk to the council and they said no its money or goods can any one help you get the money? I said no but can I not at least phone the council. He said yes and they waited out side while I phoned the council.

 

The council said they had made a mistake when they told me that the account was finished and in fact I still had £261.71 to pay. I asked them why had I not been told and given the oppertunity to pay it off in instalments or even keep paying the instulments I had being paying in the past. Their response was they had made a mistake and now the money needs to be paid. I told them that 2 balifs were on my door step wanting to take my goods and all I had done was everything the council had asked me too. They said all they could do was tell Rosendales to give me a week to come up with the money in full. I told the council I could not find that sort of money in a week and they said thats all we can do.

 

The council spoke to Rossendales and the baliff said I will be back next friday afternoon for the full amount. You now owe £321.71. So I sai you have charged me for this visit even though it was the councils mistake and he said yes I have to charge you for this visit but I wont charge you for the visit to pick up the money in cash. They then left!

 

I know I just can not come up with the money in a week. Does any one know were I can go from here as it was not my fault it was the councils fault and they admitted it?

 

Also they had a levey for goods at my old house. Can that levey carry over to my new house?

 

Everything is in such a mess and my son has already not recived his birthday precents last week as I was trying to jump through hoops to pay the £100 to the council and a few days latter £68 to Rosendales. I just don't have any money left.

 

Please please can some one help me.

 

Thank you

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do you still have the notice of seizure of goods and inventory

can you list the goods levied

do you know how many liability orders the council have against you

do you know the date the liability order(s) were passed to the bailiffs

do you know the amount of the liability orders

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This is the fault of the councils maladministration and you should not be left paying extra bailiff charges.

Are you on any benefits at all, ie housing benefits C/T benefits etc. DLA JSA...

I think you need to 1. write a formal complaint to the chief executive of the council with regards to how you have been treated. 2. Get in touch with your local councilor and MP asap. You can find your councillor on the councils website and they can be contacted up to 9 pm.

3. Take a trip to your local CAB with all the paperwork you can muster up on this.

You also need to send a letter to the bailiff company requesting what there fees and charges are.

This is totally wrong what the council have done and need to be bought to task.

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