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HiBankFodder. Thank you for the advice. I take it all on board. Regarding the MCOL website. I am familiar as I am currently in the process of helping out a friend with a claim of his own from a private parking company. I'll keep an eye on this for the time being. Will hold off on sending the defence for the time being. Regarding the police, you don't reckon I should contact them? I have filled in their form with the details I was supplied with but worried they may still issue a court summons. Plus, like shown in the document they sent me, it is not signed. The civil side is one thing but I'm also worried about the police side of things. I'll give the ICO a call in the morning and ask them whether they are registered and also to make a complaint if they are not and to inform the ICO that this company has shared someone else's private details with me. No, I have not contacted the person listed on the agreement. I mean how would I explain I have his details. In fact I have doubts that it was even him who had the car as otherwise it would have been signed.I You think I should send another email to them asking them to clarify what's going on or should I just leave it with only the SAR that I sent to them? -
By lookinforinfo · Posted
It would help if it was possible to read the signage at the entrance and the signs inside the carpark. Just about the only thing I can read is "Important Message"but I have no idea what the message is. I do see see a sign that says Permit Holders Only. But I cannot read the sign beneath it. If the car did not have a permit then the driver was trespassing which only the landowner can pursue not CEL. Is it possible to get photos of the signs that we can read please. The signs at the entrance, their terms and Conditions and whether there are different T&Cs within the carpark. The font size seems too small on the notices that can be seen, but the small font sizes does make a contract with drivers difficult to claim. -
is the IP address traceable to the area they live in? as for the signature on the other, i will guess its correct? dx -
also please add what you are paying to each debt owner. i'd get an SAR off to RBS and one to EGG , you'll probably have to use the Canadian Square address for EGG. probably now CITI Finance overseen. plenty of EGG threads in the EGG forum and the address details. same for RBS in the RBS forum. answer my 2 q's above to complete the debts info and we'll advise further.
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By Bailiff Advice · Posted
At least you are being honest. Once the account is received from the council, a Notice of Enforcement will be sent and this will include a statutory 'Compliance fee' of £75. The NoE will state upon it the date (and time) by which you must either: pay the amount stated on the NoE in full, or alternatively; set up a payment arrangement. If payment is not made by this date, then the account is passed to an enforcement agent. A further 'reminder' letter is not sent. At the time of the personal visit (which in your case; was on 16th April), a statutory enforcement fee of £235 is added to the debt. As you had paid the council direct, that payment is merely a part payment and enforcement may indeed continue for the balance (of £310). PS: This identical situation had been subject to a rather messy legal action which I had written about quite extensively on this forum at the time. The debtor lost the case and it was clearly established that payment direct to the council AFTER a Notice of Enforcement had been issued is merely a part payment given that, from any payment made the Compliance Fee must be deducted first etc, etc. To avoid this situation happening, almost all councils receiving direct payments will forward the payment to the enforcement company.
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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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