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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.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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just seen this on BBC news, but for some reason won't allow me to post a link.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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I guess that this highlights the importance of the words... NEVER NAME THE DRIVER! Especially in Scotland.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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they are NOT FINES!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they are NOT FINES!!

 

My mistake, should have stated "charges"

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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this is also a lesson in using the correct arguments in court and doing your homework. I would reckon that a different defence would have found the flaws in VCS contract and conditions so anyone finding themselves in thsi posittion the advice is use everything and anything, dont just rely on the assumprtion that your main reason is the only one that will win the day.

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http://www.bbc.co.uk/news/uk-scotland-tayside-central-39478203

 

Arent these charges totally UE in scotland? Or am i missing something?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I just posted a thread about this, so can someone delete it. It really REALLY sounds like the person went up against a very inept judge.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Sch. 4, Protection of Freedoms Act 2012 does not apply in Scotland, so there is no keeper liability there. However, as in this case, if the driver is identified it is no different to England & Wales in respect of claiming from the driver.

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Being a driver and yes I've had two invoices issued for over staying in a parking eye zone, Sainsbury's...

 

However on each occasion I've gone back into the said store when received the invoices through the post and asked the manager what they can do on my behalf,

 

both tickets were dealt with and cancelled...

 

. My advice would be to visit the place that the possible invoice relates to and ask if anything can be done...

 

It did help that we only do our shop there and are known by most of the staff..

 

. Fingers crossed this woman seeks further advice and lodges a appeal..

 

. Really hope parking eye and smart parking and others don't start using this a bench mark for further court cases.....

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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Its a TOTALLY different scenario to What PE does.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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judge should resign as Not Fit For Purpose like a lot of them

This is a seriously bad judgment, as bad as the Beneficial Interest in HP vehicles CC case on that misguided injunction against bailiffs.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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This is a seriously bad judgment, as bad as the Beneficial Interest in HP vehicles CC case on that misguided injunction against bailiffs.

 

agree

:mad2::-x:jaw::sad:
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I see the ignage is prohibitive so the correct argument would have been about a lack of contractual obligation and therefore trespass. No law of trespass in Scotland-game over.

It wont open the floodgates as contract law is just that. It is the lack of keeper liability that doesnt exist in Scotland (or NI) so be careful what you say to the parking co.

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you cannot blame the judge. they will deal with the matters placed before them. Another day with a better defence and tyhe parking co will lose hands down. The lady wouldnt gte very far with an appeal, being inept isnt a reason to overturn the decision.

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According to the Heil, Parking Eye have already put it up on their site, and said "

The case could now be a ‘game changer’ for firms such as Parking- Eye and Smart Parking." Parking Eye are a rapacious greedy outfit owned by Capita.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I can't imagine that this will change anything in Scotland as long as the correct defence is used and the PPC do not know who the driver is.

 

The fact remains that in Scottish law, they can only enforce these invoices (via the court) against the driver. So, if they don't know who the driver is, game over :wink:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Well they can hope, can't they, BN? :)

 

HB

They can hope and we can help put them back in their cage. Problem is Capita has too many fingers in too many pies including running Revenue Offices in many Local Authorities and two bailiff companies that like to bend the rules.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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