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What about the following email to the circuit judge. Any advice and comments are highly appreciated. appeal objection request.pdf -
yep copy and paste to mcol get all your docs up please asap , OPC can be slippery and underhand to deal with if they spot a weakness, we can't know if one exists until we see everything sent from day one. -
well the alternative is to just ignore marstons totally there is nothing they can do even if they do turn up there is no right of forced entry anyway the route via our admin email address might resolve this via another method and fruitful so do that too. if that doesn't resolve it in the next few days i'd still use PE2/3 and simply gotto a local court and do it , forget your useless solicitor.
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Point taken dx. Usually try to be more manageable. I'v removed point 2 as you suggest, minding to re-number the rest accordingly. Here's the draft then 1. It is admitted that Defendant is the recorded keeper of [motor vehicle]. 2. It is denied that the Claimant entered into a contract with the Defendant, or broke any such contract. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. 4. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 to establish keeper liability. 5. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. I will get the CPR off by post later today of first thing tomorrow. If this is ok I'll post in on MCOL before the 4pm deadline. Thanks for your help as always stephen XL -
By Keith Schieffer · Posted
Thanks I appreciate the quick response. Are you talking about PE2 and 3? I took these to my solicitor on Friday and his advice was that I shouldn't complete them. The court have not made any judgement against me (because I have not committed an offence) but someone with a different name at a different address. So I have no status to go to the court. Marstons on their own seem to have made this spurious link.
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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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Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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