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By lookinforinfo · Posted
I have just consulted the Spirits aka The Civil Enforcement of Parking Contraventions which covers the situation where the PCN is not able to be placed on the windscreen nor is it handed to the driver. " Penalty charge notices — service by a civil enforcement officer 9. Where a civil enforcement officer has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area, he may serve a penalty charge notice— (a)by fixing it to the vehicle; or (b)giving it to the person appearing to him to be in charge of the vehicle." That was Regulation 9 so now Regulation 10 follows Penalty charge notices — service by post 10.—(1) An enforcement authority may serve a penalty charge notice by post where— (a)on the basis of a record produced by an approved device, the authority has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area; (b)a civil enforcement officer attempted to serve a penalty charge notice in accordance with regulation 9 but was prevented from doing so by some person; or (c)a civil enforcement officer had begun to prepare a penalty charge notice for service in accordance with regulation 9, but the vehicle concerned was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or had served it in accordance with regulation 9, and references in these Regulations to a “regulation 10 penalty charge notice” are to a penalty charge notice served by virtue of this paragraph. Points b and c are effectively saying that as the PCN was not able to be placed on the windscreen either because the car was driven off before completion or the driver refused to accept the PCN when it was handed to them then the PCN can be serviced by post. Therefore the PCN to comply with PoFA should arrive within 14 days of the alleged offence or at least within 28 days. (3) A regulation 10 penalty charge notice shall be served on the person appearing to the enforcement authority to be the owner of the vehicle involved in the contravention in consequence of which the penalty charge is payable. (4) Subject to paragraph (6), a regulation 10 penalty charge notice may not be served later than the expiration of the period of 28 days beginning with the date on which, according to a record produced by an approved device, or information given by a civil enforcement officer, the contravention to which the penalty charge notice relates occurred (in these Regulations called “the 28-day period”). So that is what should have happened when the PCN was not served at the time. Though the parking attendant may well deny what actually happened so we may be no further forward but we now know that they sent the ticket too late but will Parking control accept it. -
Thank you Slick. I haven’t supplied them with any bank details or signed a DD mandate. I’ll keep you posted! -
hey well done, you might have saved her a pot of money there and nicely removed her from the DCA's cash cow milking troughs..sad as always these supposed free debt charities give such poor advice..8yrs of money down the drain..simply running the sb date to infinity. as for cap1 i've highlighted a few things above in answer. do any fees appear on 1st statement you have? as for the PPI payments, inc each of those too, even though that bird has flown. -
The Treasury is ramping up plans to accelerate financial inclusion this year, along with alternatives to high-cost credit, according to a Cabinet member’s address at Credit Strategy’s Parliamentary Briefing. View the full article -
By notpayingapenny · Posted
It was all agreed on the phone and the email as seen above and contract were thensent electronically..
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Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347-
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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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BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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Hi GE MONEY/ Underwriter Cardif Pinnacle
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