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By lookinforinfo · Posted
The bad news is that Scotland passed the Transport Bill in 2019 which included making the keeper responsible if certain things are in order. The good news I think, is that all the signs are in the name of Excel, so still sit on your hands. So if you could get photos of the sign at the entrance to the car park plus other signs inside the car park and on the payment meter we will then know the involvement of Excel and VCS. They are both separate companies so only one of them will have the contract with the landowner. -
how do you know these are ANPR? wheres the NTK's to confirm? -
Hello, please forgive me for not stopping offfirst to introduce myself. Great to see so much useful advice I might not have first considered! Thanks very much. Beans57 -
By lookinforinfo · Posted
It looks as if Excel is the creditor. If that is the case then they are the ones who should contact the DVLA.if it was VCS who applied then there could be a breach of your GDPR. But we won't know for sure till we see the contract between the landowner and the car park company. Once you have an answer from DVLA regarding the legality of two companies claiming they are the creditor [which is not possible] then we can look at contacting the ICO and Trading Standards. VCS have been sending you lots of threats but stopping short of actual taking you to Court. Maybe he knows he is on the losing side. -
Many thanks @lookinforinfo; I've contacted DVLA requesting who has accessed my info but thinking a more 'robust' letter along the lines you recommend might be order of the day tomorrow. Much appreciated. Double thanks @FTMDave; TRULY appreciate your work on our behalf. thanks for the above adapted and, yeah, lessons learned eh! I've uploaded all the paperwork that seems relevant. I've only uploaded 1 copy of the 'Final Notice of Debt Recovery' (dated 01 October 2020) Letters (there were 3)- they're all the same. I've also not included the County Court Claim form. I just want to check; is their 'Final Notice of Debt Recovery' (dated 01 October 2020) the 'Letter Before Action'? If not then we've never received the LBA. To Note; I've literally only just noticed this but.... DCBL paper work, on both 'Notice of Debt Recovery' (dated 12 August 2020) and 'Final Reminder' (dated 04 September 2020), it is stated 'Date of Contravention: 06/06/2017' - 'Reason for Contravention: 86) Parked Beyond The Bay Markings' . This is incorrect, as this contravention was an ANPR charge. Wonder how that tips into their argument? Just curious. Of greater relevance; You might notice on all three VCN's 'Notice of Intended Court Proceedings' (dated, 2 x 29/08/2017 & 04/09/2017) that it states, in bold, near the bottom of the page 'The creditor is: Vehicle Services Limited.' Am I correct in my understanding that legally, only Excel can call themselves Creditor as it's Excel who have the lease agreement with the landowner. Not quite sure if I mentioned this but I have accessed a copy of the land registry document which provides details confirming that the landowner has leased the land to Excel Parking. By coincidence, I was working with a client today (3rd year law student!) who's recently been studying contract law and noted that 'even though the companies may be linked by people, and might claim to be sister companies, they are in fact separate legal entities. Check who has accessed your information through DVLA because there may well be a GDPR issue due to who holds the contract with the landowner.') DEFINATELY considering sending Simes a letter (CHEERS @dx100uk) as you say FTMDave, it's just a stamp. Wonder if he's got some poor, under living wage lackey filtering this kind of correspondence down in Sheffield? THank you all so much for all your encouragement and support- it no longer feels like we're alone in this. Lost lots of sleep but stated to sleep like a babby again. Onwards and Upwards. VCN EXCEL Smyth Street Wakefield 2017-2021.compressed.pdf
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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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Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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