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    • Thank you both. My defence was as vague as their Claim. 1. I am the defendant in this claim and litigant in person. All allegations made by the claimant are denied. 2. The defendant does not recognise the alleged agreement xxxxxxxxxxx as mentioned in the particulars of claim therefore it is denied that any such agreement exists. 3. The defendant has requested copies of the alleged agreement under Data Subject Access Request, Consumer Credit act 1974 s.77/8 and Civil Procedure Rules 31.4 but to date the claimant has failed to provide a copy of this document. 4.The defendant has also requested copies of the default and termination notice for the alleged account xxxxxxxxx as required to legally enforce the alleged debt, but again the claimant has failed to provide either. 5. In addition the defendant has requested copies of statements for the alleged account xxxxxxx showing the amount of monies allegedly owed to the claimant. To Date these have not been provided. 6. The defendants view is that this claim is vexatious and an abuse of process as the claimant has failed to provide any documentation to support their claim and respectfully requests that the said claim be struck out.   As an aside, I noticed that the 'statement' they did provide had a different figure on it to what they are claiming, so I will hopefully be able to flesh out quite a bit in my skeleton argument.   Spam 
    • 80% refund sounds like a very good deal* as they are entitled by law to deduct an amount from the refund to reflect the use you have had of the item over the 12 months it has been working.   So you could argue that a deduction of 20% for one year indicates that they expect it to last for at least five years, and probably longer.     * Think about it this way - would you pay 80% of the value of a brand new iPad to buy a second-hand one that somebody else has been using for over a year, or would you expect to get it cheaper than that?
    • Hi WoodDD.. Neither Case was cited in the VSC WS... however, MR D form VCS threw in VCS v Ward & Idle for the Judge to consider during the hearing. The Judge did not have time to review this. I believe he may have had a quick scan but decided it wasn't relevant at the time.. By not relevant, he didn't elaborate if it was not admissible or anything else..   Hope this helps..   Regards Tom     
    • Can I  ask what you mean by "... they recommended a firm... "?   I ask because I'm a bit surprised that Social Services are even allowed to do that.  (I may be mistaken and that this is common practice, but it seems a bit odd to me).   If they did do so and the work has turned out to be sub-standard and unsatisfactory, I would have no hesitation in making a formal complaint to the council and also to my (or your friend's) local councillor(s).  You acted on the council's recommendation and you should have a reasonable expectation that the firm recommended should be reliable and professional.  I would also insist that trading standards be asked to investigate this firm.  (Where I live our local county council trading standards department runs an approved trader database).   A complaint to the council might not directly assist you but it might help to prevent others being taken in by this firm.
    • Hello Susan, welcome to CAG.   Hopefully Paul Walton will see this message and reply to you, but it would also be a good idea to start a new thread of your own so we can advise on anything else connected with your refund.   Best, HB
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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.
       
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      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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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Parked in a restricted street during prescribed hours. Sheffield city council.


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Hi Need some help, been into Sheffield today got ticket (local authority) for parking longer than permitted. On looking at ticket the attendant has wrote served on the 22/06/13.:-D I would like advice on if I can challenge this ticket, as he has put the wrong date on which it was served. :?:

 

Thanks, Geocyper

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Hi Michael, thanks for that quick reply I will send off my appeal now. :-D

 

Dont send the ticket back. Keep it as proof.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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  • 4 weeks later...

Hi parked on double yellow lines with blue badge showing. Parked there before no problem, got ticket today with the above contravention. Looked up the codes for this on their web site but can't find any.

 

Can anyone help. Thanks.

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When you park on yellow lines or in other places where there is a time restriction, you need to display the blue parking clock to show your time of arrival. Were you displaying the clock?

 

The code for 'Parked in a restricted street during prescribed hours' should be 01

 

Was there also a letter suffix, ie 01x

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When you park on yellow lines or in other places where there is a time restriction, you need to display the blue parking clock to show your time of arrival. Were you displaying the clock?

 

The code for 'Parked in a restricted street during prescribed hours' should be 01

 

Was there also a letter suffix, ie 01x

Hi Michael, there was no code on the ticket, just the alleged contravention. They say they observed the car for 12 mins.

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Wait a couple of days and then go here:

https://parkingin.sheffield.gov.uk/live-pgc-user/

 

to see what photos they have. You may be able to check what the clock said.

 

You have nothing to lose making an informal appeal. If they reject it they will extend the discount by a further 14 days.

 

Some councils are more lenient to BB holders and will cancel, as long as it is your first offence

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Hi all

 

I been on Sheffield city Council parking site to look at the picture of my car. I forgot what time I put on my blue badge clock. I have put the PCN number in and my reg, but it comes up not found.

 

It has been a week now since alleged offence, can anyone suggest a way forward on this. Thanks

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Contact the office and ask for their assistance in finding them, there will be a telephone number on the ticket and the site.

 

If you don't get it sorted soon, the price will go up.

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Contact the office and ask for their assistance in finding them, there will be a telephone number on the ticket and the site.

 

If you don't get it sorted soon, the price will go up.

 

Hi Conniff, will do thanks.

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Is it a postal ticket?

do all your car details match up with the ticket?

are you certain you were in that area at that time?

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  • 3 weeks later...

Afternoon all, tried to pay fixed penalty notice online, put details in was informed that there eas no outstanding money owed on this PCN? Any advice.

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ok thought it may of been a private parking ticket

 

contact council if they say nothing is owing get it in writing otherwise they may get carried away with the whole thing and fees will be high at a later date

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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How long ago was the FPN issued? Does it have a date by which you have to make payment before they progress to further recovery action?

 

Could it be that the council system is showing no sums owed because they have proceeded to further recovery action and so have withdrawn the option to pay online?

 

Feebee_71

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  • 8 months later...

Hi All, I parked outside the Crucible in a disable bay yesterday 22/04/2013. I put up my blue Badge and time card, I was allowed up to three hours. I came back 2 hours later and I had a ticket on my car. There is no code for the offense I was alleged to have breached but this "Parked in a suspended bay/space or part of a bay/space.

 

When I looked someone had placed a yellow plastic sign about 7' up on the bay post telling you the time you could park up to, saying this bay was suspended. This sign was not there when I parked my car. What are my options.

 

Thanks Geocyper.

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Write a letter of appeal. Something like this:

 

I parked outside the Crucible in a disable bay yesterday 22/04/2013. I put up my blue Badge and time card, I was allowed up to three hours. I came back 2 hours later and I had a ticket on my car. There is no code for the offense I was alleged to have breached but this "Parked in a suspended bay/space or part of a bay/space.

 

When I looked someone had placed a yellow plastic sign about 7' up on the bay post telling you the time you could park up to, saying this bay was suspended. This sign was not there when I parked my car.

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  • 7 months later...

Hi all, any help appreciated.

 

I recieved a PCN this was for "Parked in a restricted street during prescribe hours"

 

I did not see the sign when I drove in to the road, this was because it was behind another sign, speed restriction. I parked on a single yellow looked for sign but could not see one.

 

Any way I appealed and sent all pictures in. this was refused now have a notice to Keeper, trying to compile an appeal

 

geocyper :???:

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The only defence I can see is if the signs were not visible enough - but without some images to look at, or at least the location, how can anyone tell you what they think?

 

Hi Jamberson, thanks for replying I don't know how to download Picts

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