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£261.60 + costs if the court grant them.
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By lookinforinfo · Posted
You can object to their appeal. Explain that their case fell at the first hurdle-the question of land ownership. Stobart under their name of Esken are the land owners so their should be a line from them to London Airport. But even if the Judge is overruled on the land owning part he did not get as far as considering a] no stopping is not no parking b] no stopping is not even in their list of terms and conditions ie in their contract -so breach of GDPR c]the land is not relevant land therefore PoFA cannot apply d] the Airports Act confirms the land is either covered by the Road Traffic Act or Byelaws so the case should not have been brought to and another breach of GDPR has occurred. e] overcharging -abuse of process There are probably others that I have failed to remember but which you should include on the list. Any of those reasons above a to d are each capable of quashing the VCS case. And VCS and other parking companies have lost cases in Court from each of them. The judge did not go beyond looking at the contract argument. Had he done so he would have found the other points compelling and quashed the case. The whole charge against you is without merit and the appeal has no chance of success even if the question of the contract is successful. It is a waste of the Court's time when VCS knows their whole case is so weak as to be spurious. -
so worst case scenario, what would i end up paying, the 261.60 + 60 debt recovery? -
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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.
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