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    • Chargeback completed. Thanks to all for your help!!👍🏻
    • Please notice that I have had to restructure your text and introduce spacing to make it readable – especially for people using the small screen. Please will you make sure that your posts and future are properly spaced and punctuated. Thank you. It's a complicated story – but it certainly seems that Hermes managed to lose your laptop while it was in their care and so you will be able to get the value of your laptop back. We have lots of Hermes stories on this forum and so please will you start reading them up – probably at least six or seven of them. Take your time and understand the principles. Also, at the top of the forum you will find a sticky thread which is about the enforceability of insurance. It is important that you read this because you quite rightly did not take up their insurance offer – but when you sue Hermes – which you will certainly have to do, they will defend mainly on the basis that you didn't take out any insurance. You will have to have these arguments ready in order to knock them back. You will certainly be able to recover the value of your laptop and the delivery fee and court costs. You will understand the whole claims journey when you read the other stories. However, I don't think that the refund that you are hoping to get is recoverable. Can you tell us the basis on which you claimed the refund? Who did you purchase it from?
    • Start off by sending every party involved in this – insurers, doctors et cetera a subject access request. Do this straightaway. No harm at all in gathering as much information as possible. Secondly, people who have asked you for this money and ask them for a detailed account as to the basis on which they believe they are entitled to claim any money from you. Make sure that the letter begins by stating categorically that you do not agree that you owe them anything and that at no time have you provided any misleading information – you want a full detailed report on how they think you have misled them and the justification for the amount of money they are claiming. This is all about information gathering. Send a copy of the above letter to your insurer. It's a saying that you have been taken in by a bunch of ambulance chasers. They are out to rip you off and frankly they don't care how they make their money. Come back here when you have some answers
    • Being accused of misleading a solicitors in a personal injury claim and being asked for substantial payment after 2 years of no correspondence from them.   Accident 30th January 2019   Hit and run, luckily I got the registration and reported it to the Police and Insurance Company (One Call)   One Call took details from myself and Police regarding damage to the car, they collected it and fixed with no problem, no excess to me as originally  I was told the other driver was uninsured, then it came to light that her insurance company had updated registration incorrectly.. they honoured her insurance.   A couple of days later I had a phone call asking me many questions about my injuries, stresses and checking that I was adhering to my insurance ie belt on etc. Once I had finished these questions, the rep said that I was eligible for a personal injury claim, I hesitated, to be honest I was a bit overwhelmed, had terrible migraines brought on by stress and couldn't be bothered with the calls and paperwork that needed to be done... I gave in and said let's go ahead afterall with the pain I had I may well need treatment which could be costly.   I filled in the relevant forms and paid an upfront fee of £150 incase it went to court.   I was referred to OCL Solicitors who deal with the claims on behalf of One Call, they asked the question again, ones I had answered numerous time.    They organised for me to have an assessment with a physiotherapist in Salisbury, quite a distance from where I live in Andover, I was expected to drive there and back 12 times, costing me just under £500 for petrol and parking. The physiotherapist asked for this amount of sessions due to my neck, back and head injuries.   They then request that I attend a Doctor's assessment, I was faced with a rude and bolshy man, looked at me as though I was putting him out for being there, he asked me questions but wasn't really listening, he was tapping away on his laptop whilst I was speaking, he contradicted me when I told him about my injuries and medication etc. Quite sometime later the Doctor filed his report and the company said that he had found my injuries were not condusive with the accident.... I was walking dogs without injury the day before my accident on the school run. I requested a second opinion.... every communication via email took weeks, I had to chase constantly and then without any emails or letters the file handler said I would not get a second opinion. She asked if I had filled in a form on my arrival and I advised with my husband's agreement that I had not.... I never heard from them again and that was 2 years ago.   Yesterday afternoon I received an email stating that I need to pay for the doctor, Physio and Legal costs as I had breached contract by misleading them...   I did not mislead them, I had genuine injuries which the physio worked on quite intensely, surely they have breached the contract themselves by not keeping correspondence with me as stated in their terms and conditions. They are after over £2500, they have suggested a monthly payment of 24 instalments.   I have not done anything wrong, if I pay it that is admitting I have lied/misled them.   Can you assist me please???   Rgds          
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Hackney Council Parked with a valid ticket, blew off dash after I left car.


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Hi,

 

I received a penalty notice as my parking ticket was in the foot well when I returned to my car.

 

Here's the notice & ticket:

 

I then challenged the ticket following an example letter used successfully here

(http://www.consumeractiongroup.co.uk/forum/showthread.php?389602-Have-a-local-authority-parking-ticket). This was my challenge description:

 

"I would like to appeal the penalty charge served upon me.

 

Enclosed is a copy of the Pay & Display ticket that I purchased and displayed for inspection. It can clearly be seen that I paid the appropriate fee and that the ticket was valid when the officer inspected my vehicle. Unfortunately, at some point during my absence from the vehicle, the ticket somehow became dislodged from where it had been clearly displayed and fell into the foot well. I accept that your officer could not have known this and acted accordingly.

 

However, now that the ticket has been presented for inspection it is clear that I did not avoid payment of the parking fee or that I had parked beyond time paid for. The only purpose a ticket needs to be displayed is to enable an officer to distinguish between those that have paid for parking and those that have not and those who have exceeded the time paid for. The ticket produced clearly shows that had your officer seen my ticket at the time of inspection that there would be no need to serve a penalty charge notice.

 

The only remaining issue is whether the fact that the ticket was not clearly displayed at the time of inspection warrants the council taking a hard line and upholding the penalty charge. I believe that for the council to take such a stance would be contrary to the advice of the DfT and the Secretary of State.

 

As a valid ticket has been presented for inspection it is clear to any reasonable person that it would not be in the public interest to penalise a person who paid the required fee and did nothing to the detriment of the public interest. I cannot think of a more appropriate situation where paragraph 85 applies than this. I therefore politely request that the council act fairly and proportionately in this matter and exercise their discretion sensibly and reasonably by cancelling this penalty charge. It would be best for all if we can resolve this without the need to seek independent adjudication."

 

I have now received the following response from Hackney:

 

Does anyone have any advice on whether this is worth pursuing - I wouldn't be able to take any time off work, so if that was going to be a requirement for challenging this further, it's not really an option for me. That said, I do feel like this is really unfair and am keen to pursue on principle.

 

Appreciate any help!

 

Many thanks

Simon

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In my view, probably not worth fighting from here because in doing so you will be giving up the discount, and the chances of winning are slim.

 

It's a pity you didn't post for advice before the sending off that letter. Although you say it was used successfully, I would be surprised if the other PCN was cancelled as a result. You'd have been better off with a simple, apologetic letter acknowlegding the error. Still, not much you can do now.

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The letter you used was composed by me and it has resulted in many successes, mainly on the pepipoo forum. In your case the council chose to play poker and rejected you with a generic rejection template letter. Notice that their rejection letter does not actually comment on the specifics of your appeal letter. They can afford to play poker but most appellants cannot afford to gamble losing the discount. Not exactly a level playing field is it!

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I don't quite agree Michael. I don't think it's looked on as anything - it's just like a bill being paid, but without any inferences from the fact of payment. Nevertheless, it wouldn't work as a tactic to preserve a discount. You either appeal or pay - doing both is just plain daft!

 

More to the point though - cases and discounts are put on hold while appeals are being considered, so there's no need to pay at all until the appeal decision is known.

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Yes, doing both is just plain daft, Jamberson!

 

But paying and stipulating that the payment is being made under dispute whilst the appeal is being sorted out should be perfectly fine to do?

 

Payment Under Dispute - for the purpose of not losing the discount should the appeal not be successful.

 

Perhaps I am totally wrong in this. See what others say.

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But paying and stipulating that the payment is being made under dispute whilst the appeal is being sorted out should be perfectly fine to do?

 

Payment Under Dispute - for the purpose of not losing the discount should the appeal not be successful.

 

.

The moment payment is made the council will consider the matter over, which closes any further avenues of appeal, either formal representation in response to the NtO (which, of course the council would not send) or to adjudication
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