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By The GodMother · Posted
It proves u tried to have a letter delivered and whoever was there refused it. -
Received a PCN from UKCPM - nothing on the window; just sent in the post to me as keeper. In 2019 the management company of the estate roads sent residents a letter relaxing parking conditions and saying UKCPM had been instructed to focus on ticketing inconsiderate parking e.g. blocking drives, pavements, junctions etc. but otherwise ok to park on the roadway. This letter referred to residents complaining about excessive/unreasonable ticketing from UKCPM. Letter goes onto say tickets are at UKCPM's discretion. UKCPM's pre-existing signage remained in place after the letter, saying no parking on roadways at all, at any time. Following the letter, the car was regularly parked for more than year in the roadway until it suddenly got a ticket. In addition, the PCN has an incorrect location, naming a nearby road as opposed to the actual road that the car was parked. Please can someone advise if parking rules/guidelines in the estate management company's letter take precedence over UKCPM's signage and given the PCN was issued for simply parking on the roadway? - not blocking anything or violating the rules in the estate mgt co. letter. Also, if the incorrect location in the PCN is relevant to an appeal/defence? I prefer to appeal now (UKCPM/IAS) as I dont want to wait many months for small claims case as i want to continue parking in the roadway and want to avoid the potential for hundreds of PCNs going to court, which could be risky. Happy to upload the letter and PCN redacted if useful. -
The amount was small £70. I had this happen several times a bout a year ago. I had maybe 2 payments that went in without checks, then every payment after this has had the " we need to check it " rubbish applied, told me its random and doesn't always happen, they couldn't answer me when i said it was happening for every payment. I did switch to PayPal briefly but they charge me and i now have the infamous " weve limited your account for no reason crap" -
By honeybee13 · Posted
That's very interesting, determindator, thank you. I've been away and looked up hegemonic practices. As well as 'whinge' I would put forward the use of 'unpatriotic' to anyone who dares to criticise what the government is doing or say that Brexit isn't going swimmingly. Also, 'elite' has changed meaning. I'd say people like Jacob Rees Mogg and Farage are part of the elite but they're picking on the 'liberal elite', whoever that is. -
By determindator · Posted
The antagonistic approach is being used big time by the Cons, we saw a lot of that during the Trump administration. It's known as hegemonic practices. Unfortunately it does have it's power for a bit until enough people see through it because it repeats itself. The bots used for this during the last general election were prevalent in this. It's a powerful tool with social media but it's now being flushed out more and people looking for the truth. Not cover ups. You see the antagonistic denigrate the person and twist the argument, all done in a specific order. There must be a school of learning for it 😆 You see the same words being used like the word 'whingeing', has now been pulled out of the bag. I saw question time and although someone may get pulled onto the back foot of the argument at the beginning, they certainly weren't by the end😀
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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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