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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

Charge certificate received - First Contact?????


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My girlfriend has just received a 'charge certificate' in the post from Sutton council

in relation to a PCN that was apparently issued on 03/01/15 with a Notice to Owner apparently sent out on 07/01/15.

 

The 'notice to owner' was certainly never received so we've had no opportunity to pay at either the discounted or full rate,

this letter apparently adding a further 50% to the charge making a total of £165.00.

There appears to be no option to appeal or make representations, this seems completely unfair.

 

Sutton operates camera cars, i'm assuming the ticket was issued by them.

 

We live on Sutton high street.

Outside our flat we are able to park between 6.30pm and 8am,

having lived here for a few years to are very aware of the rules of parking here

it's extremely unusual for us to have missed this timing anyway

and would have queried it if we had received the letter when it was apparently issued.

 

Can anyone give us any pointers on what we should do from here?

 

Many thanks

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There is no appeal mechanism against a Charge Certificate. However if you wait for the Order for Recovery, you can make a Statutory Declaration to the Traffic Enforcement Centre that you didn't receive the NtO (details will come with the OfR).

 

The NtO will then be re-issued (at £110) and you can then challenge that and if necessary appeal to adjudication

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Exactly right, except that you can now make a Witness Statement instead of a Statutory Declaration, which is basically the same but simpler. Provided you file it in time, it should just be accepted as a matter of course, and then you'll be back in the appeals loop.

 

Post back when you receive the Order for Recovery, for advice on what to put on the forms.

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