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    • Hi ok thanks for replies. I had trouble finding how to reply on  my phone and don't have a computer, so am at the library which is pathetic and closes at 5pm so hard to get there   Name of the Claimant ? Excel Parking claimants Solicitors: BW Legal   Date of issue – don't have on me but it was in Sept 2018 (previous claim from 2017 resurrected) * Court date is 17th Dec -Next Tue   Date of issue   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   What is the claim for – PCN Not displaying a valid ticket for the private car park 468 Bury New Road, Prestwich I have copied their WS below with map location, signs, etc     **IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION   What is the value of the claim? original ticket was £100 plus additional fees so its at £255   Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Original Excel Parking   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure what this is?     I WILL TRY TO ATTACH THEIR WS - having trouble Do I just scan it in and attach it?   In the mean time my outline defence is:   No locus standi as have not produce a signed contract Under CPR 31.14 that the claim be struck out on the grounds of no locus   *I requested the contract and they did not provide it initially, however in their WS they have produced a signed contract from the pension fund who own the land    I was not the driver of the car. I have no evidence of the driver's identity. This dates back many years (2015) and difficult to remember who could have been driving  *their WS states I only said I was not the driver at a late stage and when filing an amended defence, and appears I developed a defence to avoid liability. I have stated this from the start.  Also that I alleged no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside Also question how I would be able to comment on the signs if not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous I put Excel to strict proof that any contract can exist  *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply? keeper of the vehicle - as the protocols of the POFA have not been followed so no keeper liability created. DVLA data was supplied for the single strict purpose of enquiring who was driving, not for bringing a case against me years later  Signage not a transparent contract insufficient in terms of their distribution  wording and lighting hence incapable of binding the driver, which distinguishes this case from the ParkingEye Ltd v. Beavis case  Sporadic and illegible charge not prominent nor large lettering site/entrance signage breach of the BPA Code of Practice. The entrance sign is on the left side so not the drivers side. The signs have no mention of any debt collection additional charge  The signage was not lit and not transparent contrary to the Unfair Terms in Consumer Contracts Regulations 1999.  The entrance sign refers to the terms and conditions on another sign The signs did not have planning permission under the Town and County planning. I have an email stating there was no planning permission from the council. * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the county court to determine planning permission.   The signs do not fall under deemed consent.    * Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim   Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge   THANKS FOR YOUR HELP x   You mention I can get it struck out as they haven't sent me a bundle? They have sent me their WS online, no hard copies but I'd prefer not to go if possible  
    • Redacted and merged to one PDF   Attached is my witness statement and supporting evidence that I am going to give to the court, the court have said they will not even look at it until the day of the hearing, so I am OK to send it to them only a few days before the hearing.    Do you think it is worth me sending this to BW Legal, in the hope they will drop the case before it goes to court? Or am I better not showing my hand to them, so they cannot amend their evidence based on what I have stated?   If anyone would be kind enough to read through my statement and give me their thoughts, that would be very much appreciated.  ilovepdf_merged.pdf
    • Update.   So I received my court date. Any evidence from both sides needs to be sent to the courts and opposing sides 10 days before the court date.  No defense to file so this is where things differ from the rest of the UK. Would bank statements be enough evidence to prove my statue barred case?  
    • Right, I might go through Resolver, it certainly got my banks attention sharpish recently on another matter.   It seems to me that two pairs of the same model of boots failing in succession strengthens my argument so should I start from scratch with both pairs n a single complaint?
    • Why do I need to write this down?   What do AOS and CPR mean?       Note to admins, also, this editor is crap for quoting, how do I go to markdown?
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puma85

Parcelhero weight adjustment.

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I recently posted an Item with parcelhero.

 

Went thought the normal process, entered weights into the website etc.

Collected and delivered by UPS.

 

A week later I received an email-

 

We sorry to inform you that UPS has audited your shipment and found that the weight or dimensions you provided to us was inaccurate and this has affected the billable weight that was used to calculate the cost of your shipment.

UPS has audited your shipments billable weight as follows:

 

Original billable weight : 22.50 kg

Audited billable weight : 44.50 kg

Billable weight difference : 22.00 kg

Cost difference : £ 58.34

 

Please find attached your adjustment invoice for the difference in costs. You don't need to do anything further, the funds will be deducted from the payment method you originally used in the next 7 working days.

 

We appreciate that you may not have been expecting to receive another charge for your shipment and you may be frustrated that this has occurred. If you believe the UPS audit is incorrect, we will be happy to help you appeal the charge with UPS.

 

Appealing the audited weight

 

Reply to us within the next 5 days to appeal the charge.

We will not take any funds until we have concluded the appeal.

We will investigate and revert back with the exact weight and dimensions audited by UPS and ask you to provide evidence to refute the carrier's audit.

 

 

A massive difference.

 

I emailed to say I'm appealing, and they replied asking for evidence of the parcel size.

 

I don't have any now its shipped and delivered (a week before contacting me).

 

The part

You don't need to do anything further, the funds will be deducted from the payment method you originally used in the next 7 working days.

 

Is a little worrying, but I paid through papal so they have just issued an invoice.

 

What can I do?

If I dont pay, can they issue a default or pass this on to a DCA?

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Did they ask you for the parcel size initially, or just its weight?

Can you get the recipient to weigh it (or at least measure the shipping container).

 

Is the issue it's actual weight or "dimensional weight"?

 

https://www.ups.com/content/gb/en/resources/ship/packaging/dim_weight.html

 

Was your payment to UPS or to parcelhero? (as a prelude to : is your contract with UPS or Parcelhero?

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Dca are powerless not bailiffs

No bogus debts like this do not appear on crf files


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Did they ask you for the parcel size initially, or just its weight?

Can you get the recipient to weigh it (or at least measure the shipping container).

 

Is the issue it's actual weight or "dimensional weight"?

 

https://www.ups.com/content/gb/en/resources/ship/packaging/dim_weight.html

 

Was your payment to UPS or to parcelhero? (as a prelude to : is your contract with UPS or Parcelhero?

 

Payment was to parcelhero.

 

The parcel weighed less than 10kg, but because of the size the 'volumetric weight' was 22.5kg.

I entered both into the website and they quoted me on the largest i.e volumetric weight of 22.5kg.

 

UPS audited the parcel and determined the volumetric weight was different to what I paid for. (it was apparently bigger than what I told them)

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Payment was to parcelhero.

 

The parcel weighed less than 10kg, but because of the size the 'volumetric weight' was 22.5kg.

I entered both into the website and they quoted me on the largest i.e volumetric weight of 22.5kg.

 

UPS audited the parcel and determined the volumetric weight was different to what I paid for. (it was apparently bigger than what I told them)

 

Did you measure it, or 'guesstimate'?

 

If you underestimated by 20% out on each dimensiuon, that'd do it .....

 

12.5 cm x 12.5 cm x 12.5 cm: 1953 cm cubed.

10 cm x 10 cm x 10cm : 1000 cm cubed.

 

Does the recipient still have (/ can un-flatten / reconstruct) the shipping outer for it to be measured?.

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Dca are powerless not bailiffs

No bogus debts like this do not appear on crf files

 

I just received the following email, so it sounds like they can enforce this debt?

Capture.PNG

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Surely the first step is to establish if you even owe it, before considering enforceability by DCA's.

 

Or do you now believe you understated its dimensions?

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no such thng as a legal debt collector

none have any legal powers they are not bailiffs!!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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My own thinking is that if the item was not as described and under paid it should have been returned back to the sender, or at least email the sender if they still wished it to be delivered and pay the extra postage cost

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My own thinking is that if the item was not as described and under paid it should have been returned back to the sender, or at least email the sender if they still wished it to be delivered and pay the extra postage cost

 

Except that ParcelHero's T's & C's state otherwise.

 

ParcelHero act as the sender's agent, booking it with the courier.

The courier will bill ParcelHero for the audited weight (or volume / "dimensional weight"), if the details supplied by the initial sender are wrong,

ParcelHero's T's & C's make it clear they will pay the courier and seek the extra from the original sender.

 

The key isn't what should have been done if the parcel was underestimated (since the T's and C's are clear), or if DCA's can enforce (because if they can't but it is owed, ParcelHero could).

 

The key issue is "was the size as the OP stated, or as UPS assessed it"?

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Those TAC are quite explanatory as express terms, difficult to mitigate. I hate to say it might be best to pay up and move on in my own opinion

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