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not sure if that's ever been tested in court regarding a speculative invoice. and if it ever was, i would expect it to be adjudged the same as Penalty Charge Notices, an existing benchmark. the ticket does not have to be attached nor handed, merely the process of one being 'produced' had gone beyond some point, that point i'm unsure of. -
By lookinforinfo · Posted
The pcns are compliant but the rule on w/s tickets is that they must be placed on the w/s at the time or handed to the driver when the vehicle is parked. And of course this ticket was not even placed on the w/s nor was the attempt to hand it over even be on relevant land. But the difficulty is whether the parking attendant will admit to that. -
Where did this happen private driveway or public road?
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By Badgergirl25 · Posted
Please could you check before I press send? I've still heard nothing back from SLC about the SAR though and that was send months ago, just the statements that the fleecers sent to me. Should I remove that part? Although I do still have the original document from 2011. Thanks in advance.. Good evening, Having sought information provided by the ICO Information Commissioners Office, my last contact with anyone, which is contained in an SAR from and confirmed by, the SLC in writing, was by a deferment directly to them in 2011. The issuance of a default notice by yourselves as a debt buyer and not from the original creditor, some five years+ after my last 'acknowledgement', is totally immaterial and does not reset any statute barred clock. It was also pointed out to me that both yourself, working for Drydens and your Client Erudio are part of the Arrows Group, and that the Arrows Group attained some kind of landmark appeal some years previous that might have deemed that any statute barred date is measured by adding 14 days to the issuance date of a default notice. This, however, is not retrospective and does not apply in my case being 2011. I give you 14 days from the date of this email to remove, by whatever method you wish to employ, as long as this is free of charge to me, the CCJ number xxxxxxx you unlawfully gained by default judgement on date 09/11/2020, as the debt was already statute barred. Should you fail to do so I will, without further notice, issue a set aside and will be seeking financial compensation for the damage done to my credit worthiness and the set aside issuance fee. I shall be filing my N244 on day 15 from the date of this letter 1. The Claimant's claim was issued on 09/11/2020. 2. The date of my last written deferment was the 22/03/2011 3. The Default Notice was issued 09/11/2016 and served over five years after the initial breach thus the cause of action delayed by over 5 years and the Limitations Period prolonged to 6 years + 5+ years which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run. 4. Therefore the Defendant contends that the Claimant's claim so issued was a claim in contract and was statute barred pursuant to the provisions of section 5 of the limitation act 1980. In excess of 6 years had elapsed since the date on which any true cause of action for breach had accrued to the benefit of the Claimant. Kind regards, xxxxxxxx -
Yes I will do and thank you.. I have tried to contact Stourbridge Police so expecting a call back, worth a go..Tim is known to them for other things by what we have found and I will try our MP also brilliant advice..
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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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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 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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