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By igotaparkingticket · Posted
Thank you both so much for replying so promptly! I did wonder about the ten minute grace - does this apply to private car parks too? I know it's applicable to council parking but wasn't sure with this. 1 Date of the infringement 31/03/21 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 13/04/21 3 Date received 19/04/21 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Not that I can see 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up N/A 7 Who is the parking company? Vehicle Control Services Ltd 8. Where exactly [carpark name and town] Berkeley Centre Pay & Display Sheffield S11 8PN Appeal - if unsuccessful with VCS, they will provide details to appeal to IAS -
Hi Rich, There was really no need to wait for a reply from the gym. Go back to your bank and tell them, " I require a refund of DD's taken by the gym on xxdate, xxdate and xxdate in the sume of £xx.xx, £xx.xx and £xx.xx respectively. I am entitled to such refunds under the Direct Debit Guarantee Scheme to which banks subscribe." No need to justify to the bank what amount you require. Reclaim precise recent DD's that equate to what you've now overpaid to the gym. Do it via the bank and don't involve the gym - it's unnecessary. -
well thats because you all fall for or wrongly believe the same BS. Any guarantee or warranty is in addition too, and does not replace, your rights under the consumer rights act. which is NOTHING to do with any manufacturer, CRA is against the RETAILER curry's. it's your job now to employ someone, or to produce a report that concludes the fault was there when the item was sold to you, as you are outside of 6mts, under CRA that defaults to the consumer. -
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We had a case here recently where a motorist who was being sued by a PPC put in a great deal of work and educated himself/herself about the law, and filed a detailed defence demolishing the fleecers' claim point by point legally. On the surface a fantastic piece of work ... ... except that gave the PPC's solicitors months & months notice of what the case would be fought on and they made up lie after lie to counter the motorists' points. As dx says it's best to file an extremely generic defence now, keep the fleecers in the dark and then when it comes to WS stage hammer them with the points you've listed - by which point it'll be too late for them to make up lies back.
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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!
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