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    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
    • Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group   please complete the above then we'll be best placed to advise further but the bottom line is no and don't ever appeal.    
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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
      • 25 replies
    • 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
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Hi,

 

I recently parked in a Disabled Parking Bay policed by my local Council , Maidstone. I like many others hide the Blue Badge to prevent theft and so must remember to get it from its hiding place. On this occasion I forget as I had just received a disturbing letter and went to discuss this with Citizens Advice. When I returned to my car a Fixed Penalty Notice fpn had been issued for failing to display the Blue Badge. Although I showed the Council that I had a valid badge, the fine remains payable.

 

What I would like to know is the actual Offence and under which piece of legislation the Offence of Failing to display a Disabled Badge permits the issuing of a fixed penalty notice. I thought that once it was ascertained that there was a legal right to park in the bay that the fpn would be cancelled, so as the council has not, what is the offence and what legislation is being used to obtain extra cash? I have looked at the Road Traffic Regulations 1984 but I believe this act must be out of date as it discusses the Orange Badge and 'her' as the Secretary of Transport.

 

I only have a few days to make the payment so any replies would be most welcome.

 

Thank you

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The offence is as if you did not have any blue badge at all. I believe it is at the discretion of the council whether to accept your reasons for not displaying your blue badge. I would suggest that you use the councils official appeals process and follow it through to the end including the tribunal. Or just accept that you did not display, so have to pay the parking ticket. Depends on how much time and effort you want to spend on this.

 

http://www.trafficpenaltytribunal.gov.uk/site/index.php

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Is this a Fixed Penalty Notice or a Penalty Charge Notice.

 

If the latter, they are isued under the Traffic Management Act 2004 and The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 as written at the top of the PCN.

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All I really want to know is under what legislation the fine is being issued to make sure it is a legally enforceable fine. I will pay the charge but only if it has been legally issued. I know that when we had properly trained Traffic Wardens instead of council paid on commission ticket issuers, Wardens were taught to look at the Tax Disc and if it showed as Disabled they issued a warning and tried where possible to catch the driver so that the legality of using the disabled bay could be verified to catch they non entitled.

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For parking PCNs issued on or after 31 March 2008, the Regulations in the Traffic Management Act 2004 apply. These are enforced as a civil rather than a criminal matter – a PCN doesn't result in a criminal record or points on your licence.

 

You need to read your hand book pages 10, 15 and 16.

 

Blue Badge Scheme Handbook

 

Unless your blue badge is displayed, the CEO is not able to use the force to detect whether the driver or passenger can use the concession.

Edited by borisbeaver

Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

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Moved to Local Authority Parking & Traffic Offences forum.

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The rules are clear. You are only entitled to park a vehicle there if it is displaying a valid badge. A car cannot be parked there because you happen to hold a blue badge, the issue is one of a badge being displayed on the vehicle. Like your tax disc - you have to have it on show.

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All I really want to know is under what legislation the fine is being issued to make sure it is a legally enforceable fine. I will pay the charge but only if it has been legally issued. I know that when we had properly trained Traffic Wardens instead of council paid on commission ticket issuers, Wardens were taught to look at the Tax Disc and if it showed as Disabled they issued a warning and tried where possible to catch the driver so that the legality of using the disabled bay could be verified to catch they non entitled.

 

How or why would having disabled tax entitle you to park in a blue badge bay? Why bother having badges at all if that's the case? Its the disabled person that is entitled to use the bay by displaying a blue badge. It has nothing to do with commission or common sense its down to the fact that blue badges are widely abused and your 'well trained traffic warden' cannot possibly know if the car is entitled to be there, the disabled person may be miles away using their badge properly out shopping with a friend whilst their car is illegally parked at home.

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