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    • Lots of apparently differing views on the effects of: https://www.theguardian.com/environment/2021/feb/25/atlantic-ocean-circulation-at-weakest-in-a-millennium-say-scientists     Https://www.euronews.com/living/2021/02/26/are-the-earth-s-shifting-magnetic-fields-causing-climate-change?utm_source=newsletter&utm_medium=en&utm_content=are-the-earth-s-shifting-magnetic-fields-causing-climate-change Interesting take, and undoubtedly some significant effects, but along with a less well understood irradiating event around 10,000 years prior to the one referenced here (earlier one thought to be a supernova or other such stellar event) , I think this is at least as at home in the Atlantis thread as what drove a surface dwelling primate to often often very deeply underground.
    • France have just approved the AZ vaccine for everyone up to about age 80 fwiw, TJ.
    • Drop some pfiser vaccines off at our local surgeries while you are out please MD
    • Thank you first address / name confirmed for me ..   He reads everything we post on this site 
    • Well send off the letter of claim when you're ready. There's really no need to hang around. In terms of the particulars of claim – you don't need to send anything extra. Do not click any boxes.   I wasn't aware that you actually had to calculate the daily rate of interest. I'm giving a shout to my site team colleague @Andyorch
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    • 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
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Private Parking Weymouth Jubilee Retail Park


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I visited the Retail Park on Saturday with the other half spent prob 4 hours wandering from shop to shop and buying bits and pieces, the free parking is 2 hours and no return within 1 hour, I just know I,m gonna get one begging letter from them followed by even more desperate letters from their pet debt collection idiots now I feel its time to have some fun suggestions how to go about this ????? a soft appeal followed by POPLA with the sting in the tail ? I do know that they have NO Landowner rights here so are they P******* in the wind ? and also Civil Enforcement have the KFC franchise next door only prob is that the other half hates KFC with a vengeance so cant play with them :smile: ok guys who fancies a play I will keep you updated with the PCN when it drops thro the door many thanks

 

Anon

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  • 2 weeks later...

As promised all :-D it dropped thro the door !!!!! yippee, now I will Scan it up when I can sort the printer out, now all, how do we play this please

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I refer to your Contractual Parking Charge Notice number: INSERT NUMBER

 

I am unable to confirm at this stage if I was the driver of the vehicle at the date shown. I cannot bring to mind any action of mine that may have contributed to the alleged contractual contravention and cannot remember entering into any parking contract with you.

 

I am therefore unable to make an informed assessment of the circumstances surrounding this case. Since I am unsure if it was myself who agreed any contract with you, although I certainly don't recall it. I am unwilling to make any payment on notification from a company I do not know, for a sum of money I cannot remember agreeing to, on a contract I didn't have any knowledge of, and for which I have no copy for my own records.

Every week I get some sort of [problem] message inviting me to pay a sum of money to some Nigerian Secretary of State to enable release of a huge amount of frozen funds into my bank account, or to release a Canadian lottery win. I am also aware of various scams surrounding parking charges, one of which recently took place in Newcastle upon Tyne and resulted in jail terms for those involved.

It is not my nature to make payment for any speculative demand without proof of the existence of any supposed contract between us, and your legal right to make such a contract with me in the first place. As you have contacted me as the registered keeper of the vehicle you will be aware of the requirements and restrictions placed upon you by the Protection of Freedoms Act 2012. It is not the remit of the keeper to make payment for anything other than actual parking charges that at the time of the issue of the PCN, not following issue. If you would kindly send details as follows I will then be able to consider this matter fully and my own liability for any alleged contractual breach.

 

1. Proof of your right to make a contract with a driver using the said car park facility. This to be in the form of your copy of landowner rights or any contract with the landowner giving you the right of occupation of the land rather than a right of access for monitoring the said area, or a lease agreement for the land in question.

2. A copy of the contract between yourself and the Landowner showing your responsibilities in monitoring the car park on their behalf, and your right to pursue any matter to legal proceedings if no payment is forthcoming.3. A copy of any contract that you allege exists between yourself or landowner client and myself; such contract to be shown to have been properly offered and then accepted by myself or any other driver who may have been involved in this matter.4. The reasoning of the alleged contravention. Please advise as to whether this alleged offence was supposedly for a Breach of a Contractual Parking arrangement or for trespass. If no contractual agreement was made or accepted by either party then an explanation as to why you consider trespass was committed in an area where there is free access by the landowner to members of the public.

5. In the unlikely event that you do have full rights to make contracts with individual drivers, either on behalf of the landowner, or at your own behest due to some contractual arrangement with your client, then I need a breakdown of what charges have been made in connection with the alleged contravention or trespass and how they have been calculated in accordance with the necessity to make a charge for a known financial loss to the landowner.

6. An explanation or breakdown of the charges as to whether they are are actual parking charges or charges for a breach of conditions of parking

I am aware of the legal aspects of the monitoring of such premises and am keen to avoid any doubt as to whether or not you have a legal right to demand payment, and whether I am equally liable to make that payment as demanded.

I am aware of the existence of various cases in courts which have shown that the vast majority of such demands are made by companies who have no authority to make them in the first place. Whether this is for their inability of being able to make an independent contract with a driver or for lack of compliance to PoFA etc, I need to remove that doubt in this case to progress it any further.

 

Failure to provide the information requested in support of your claim will mean that I will not consider this particular charge to have any merit and will therefore refuse payment accordingly. I may also make a complaint of harassment if demands continue in any form if you do not send me the information requested. This is the letter sent to TPS wonder what sort of reply i'll get !!!!1

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Ignore it. | Or click the word ignore and follow the popup. It isn't too wise to get into discussions with them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I know renegadeimp just feel like playing with them, I also happen to know they don't have any rights over the land :) Not to much info on here but lets just say a friend of a friend of a friend owns it

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Tell them that if they dont provide a copy of the contract, you will seek a Norwich Pharmacal Order to get the info from the landowner. These PPC's used to threaten this to get the name of the driver when RK didnt admit being responsible. See if they take any more notice of that than I did when threatened by PPC. On the other hand, the landowner/occupier might not be too happy if they get a request for copy of contract and threat of court for discovery if they dont supply same.

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Update.............. Got a reply to the above letter , what a load of codswallop......................... Wont supply Contract, So they wanna play hardball so I can as well, dropped a NPO on both them and Landowner, lets see what happens, Court ordered them both to supply me with a Certified true copy within 14 days , bring it on :whoo:

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