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also i notice in their WS, point 11.1 quotes "All vehicles must park within the allocated bays only, vehicles must not exceed the marked bay areas" but the sign in their WS on page 9 states "Vehicles must only park wholly within a bay." i think the sign in their WS is not the sign that was up when i parked there because the pictures i took show a similar but different sign with the wording they quote in their WS, not sure if it has any relevance but seems a bit odd
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can i use some of the following -------------------------------------------------------- It is denied that the Defendant breached any of the claimant's purported contractual terms, whether express, implied, or by conduct. It is also disputed that the Claimants signage erected with the car park is of a large enough font and displayed adequately for patrons to read thoroughly. The £100 penalty charge is not highlighted in large enough font to be immediately noticeable and it is unclear as to when this applies. Further, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. They merely state that vehicles must be parked correctly within the allocated parking bay, giving no definition of the term 'correctly parked', nor indicating which bays are allocated to whom. The Claimant is put to strict proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party agent, the Claimant may not pursue any charge, unless specifically authorised by the principal. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim. The Defendant has the reasonable belief that the Claimant has not incurred £60 costs to pursue an alleged £100 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The extra, additional costs are an attempt at double recovery. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.
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I see that although Starmer is happy to work 'constructively' with Johnson the treacherous two faced liar and the populist self serving chumocracy party,BUT he won't work with anyone else to call out Johnsons lying: https://www.theguardian.com/politics/2021/apr/19/parties-inquiry-boris-johnson-failurehonest Parties call for inquiry into Boris Johnson’s ‘failure to be honest’ "The Labour leader, Sir Keir Starmer, was invited to sign the letter, but declined." "A party source said Labour did not normally sign up to initiatives launched by other parties." - despite whipping the party to support Johnsons disastrous Brexit 'deal. Starmers as bad as Corbyn for 'enabling' the populist crap to fly unimpeded
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if you read a few VCS threads here you'll understand Simple simon has employed just about every solicitors there is since he started his campaign against people that use ports and airports, most dump him eventually as his legal claims are bogus, he can't enforce byelaws. did you send you N180?
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ok thats good. thanks. i will get reading the BCOBS stuff and drop a message back here end of the week if thats ok then
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
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 Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
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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 ***
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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BankFodder, -
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