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    • Done.   I wont be able to send the SAR until the end of the month for TT as I wont get paid until then and I'm a little out of pocket as its my first month working after a spell of no work. Wil that be an issue?
    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
  • Our picks

    • 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
      • 25 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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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
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So, I park in a disabled bay but forget to put my blue badge up. Horizon will penalise me but what happens after that? Will Tesco cancel the charge if I prove I hold a badge, I doubt it.

 

Parent and child parking. My grandson is 10 but he looks older and he doesn't need a booster seat. Will his mum get penalised? probably! How are Horizon going to monitor the spaces? They usually use ANPR at Tesco so are they going to have a physical presence? Nah!

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I read it will be Tesco staff who do the monitoring?

It's so flawed though. I park in parent and child, take my baby seat out the car to put in the pram or trolley, no more evidence in the car I have a child.

Equally I'm not convinced it actually describes what age/size you are a child.

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TESCO issue a FINE/ They are not a magistrate?

 

 

I can see trouble on the "HORIZON" excuse the pun!

 

Best way to deal with TESCO is shop elsewhere, many of the stores are somewhat cheaper/my price watch

:mad2::-x:jaw::sad:
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I have a feeling that the word "fine" has once again been inserted because of lazy journalism, I doubt it's what Tesco said.

 

I could well be wrong, but all the Tesco stores that I have been to (within memory at least) use Highview as their parking muppet of choice. Certainly the ones around here do. Also, a friend of mine works for Tesco, and she's certainly heard nothing of this scheme being rolled out nationwide to all stores. And what about the stores where Tesco don't own the carpark?

 

I thought Horizon was Sainsbury's pet gonzo outfit to be honest.

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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There is no requirement to display a BB on private land so that one is going to be difficult to enforce.

 

As a BB there have been occasions when I am guilty of using a Mother Child parking space as all the disabled bays are full and those that are available are on the far side of the car park making it a long walk just to get to the entrance of the store.

 

Not helped when they clsoe off approximately 15 disabled bays because of building work.

 

There is no such thing as BB and mother child parking spaces as it is just white paint on a piece of tar.

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TESCO issue a FINE/ They are not a magistrate?

 

I think it's Derby Telegraph that called it a fine, not Tesco. [EDIT I just spotted Dragonfly has already said this]

 

It's hard to see how Parent/Child parking condition could be enforced because there's no definition that exists to say who qualifies, not that I've ever seen displayed. So how would Tesco or their parking company ever prove you were parked in breach of the requirement? BB is easier in principle, a BB is either displayed or it isn't, although quite a few hurdles for the car park operator to get over for not displaying a BB before they could enforce.

 

It's not clear whether pcns will actually be issued, that seems to be press speculation. It might be more a 'name and shame' approach.

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It's hard to see how Parent/Child parking condition could be enforced because there's no definition that exists to say who qualifies, not that I've ever seen displayed. So how would Tesco or their parking company ever prove you were parked in breach of the requirement?

 

[Got timed out. ]

 

Unless the enforcement would only be aimed at people who had no children at all with them.

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tarmac graffiti means nothing...

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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Tesco are also very big on the whole 'Not Every Disability Is Visible' message, so I cannot see this being anything more than a story as they are 'Disabled' spaces and not 'Blue Badge Holder' spaces for the most part. Shoppers may well be challenged - politely - over possible misuse of spaces, and that will probably be down to the trolley collector, but I really don't think they want to alienate customers for the sake of a parking space. At the same time it is one of the issues that many customers shout loudest about so they do at least need to be seen to be doing something

 

I would rather they (and other supermarkets) spent more time challenging the inconsiderate parking of many other shoppers - those who cannot park evenly between lines or who spill over into the next bay and park at an angle. Especially when I have just had a sodding great dent put in my door by somebody who clearly didn't give themselves enough room to open their door!

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Tesco dont need to worry, the good old british public will provide them with anecdotal evidence and even pictures on facebook of someone not having a child and parking in one of these spots.

 

Dont forget, a proportion of the population of the Channel Islands regularly shopped their neighbours to the Nazi occupiers there in the 1940's.

 

Why not introduce a minimum shop requirement so that people who only buy those slabs of beer are forced to buy some healthy vegetables or they cant park. What about a minimum spend on sweets and fizzy drinks to prove you do have children? the inane possibilites are endless

Edited by honeybee13
Paras
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Endless and ultimately unenforceable :lol:

We could do with some help from you.

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Just to add that sometime I park in parent and child parking when my daughter is with me. She's 21. There's nothing on the signage with an age limitation.

Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

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My local Tesco's are going to start fining drivers who park illegally in disabled bays.

 

Staff will be able to download an app which lets them photo cars not displaying disabled badges etc.

 

Tesco's will use a company called Horizon Parking, who will contact the owner

to request the £25. Tesco's state that it is not a profit making move!

 

My question is will they (Horizon) be able to enforce the payment?

 

My own feeling is they won't. I think Tesco's would be better off patrolling these areas with their own staff.

 

I have no sympathy for illegal parkers using Disabled bays.

BJT.

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My local Tesco's are going to start fining drivers who park illegally in disabled bays.

Staff will be able to download an app which lets them photo cars not displaying disabled badges etc. Tesco's will use a company called Horizon Parking, who will contact the owner

to request the £25. Tesco's state that it is not a profit making move!

My question is will they (Horizon) be able to enforce the payment? My own feeling is they won't. I think Tesco's would be better off patrolling these areas with their own staff.

I have no sympathy for illegal parkers using Disabled bays.

BJT.

 

Hi.

 

I've merged your thread with an existing one in the parking forum and left you a redirect to follow from the parking one.

 

HB

Illegitimi non carborundum

 

 

 

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where does it say fining?

 

dx

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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Couple of points to raise.

Where does it say in the signage the child has to be under twelve to park in a parent child space?

Why is the symbol for parent/child space depict a woman?

What if I'm taking my kids?

Clearly sexist.

Blue badges are not worth anything on private land.

Not all disabilities are visible so to call it a disabled space and say you need a blue badge are two completely different things.

Blue badges are issued for mobility issues

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As a perfectly fit and able bodied pensioner I park as far away from the supermarket entrance as possible during the cold light of day because I'm one of those sad gits obsessed with an all green dashboard when I sync my fitbit at the end of the day.

 

As an elderly female I want to park as close as possible to the entrance on a dark night and I don't much care if that means using a space designated for parents with children.

 

At 10.30pm I'd even park in a disabled space if I considered that the safest option.

I don't believe that makes me a dreadful or selfish individual.

A bit of common sense wouldn't go amiss.

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where does it say fining?

 

Hi DX, The following quote is taken from my local newspaper.......quote. Tesco's have announced plans to 'fine' misbehaving shoppers at its superstores as part of a new 'Parking Enforcement Scheme. Evidence is the sent to Horizon Parking, who will 'fine' the motorist £25 for breach of rules! Unquote.

BJT.

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The press frequently call private parking charges 'fines'.

 

HB

 

That is because the general public understand that word better than 'Parking Charge Notice' - added to which it is more snappy for the newspaper copy!

 

Newspapers can call them what they like, so long as the parking company does not use the word...

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and its not illegal parking either

nothing criminal at all..

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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