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    • That's good news for you, Magic. Thank you for coming back to tell us, I've amended your thread title to show the outcome.   HB
    • Hi I received a letter from a solicitor yesterday for my daughter (who no longer lives here) from a solicitor.   It is a county court claim in relation to a RTA 2 years ago.   I have some questions in this regard  No.1 She doesn't live here anymore and I have no idea where she is (due to a far from ideal relationship he won't let her contact me) No.2 I don't understand the details are at best miss representations No.3 They say the Insurance company has admitted liability although she was not at fault They say she hit them at 40mph and then again at the opposite side of the car at 30mph when in truth to vehicle pulled out at a T junction into the front of er car. causing significant  damage to my daughters car.  No.4 Apparently my daughters insurance has accepted liability however they are claiming which has as stated in this claim already been satisfied by her insurers  No.5 On schedule of costs it details physio costs for which there is no doctors referral detailing back pain and neck pain for which the walk in clinic  advised paracetamol and it notes this woman has had significant back pain for 10 years? No.6 Its also lists 2 defendants my daughter and the insurer. No.7 The chosen court is 200 miles away !     I have photos which totally disprove these peoples account, but my daughter isn't here can't tell her . Should I respond to this and detail the evidence I have here on my CCTV.  Give them pictures of the road where the accident happened totally disproving their account?   I don't know what to do      
    • Ryanair did not appeal - so ended as expected :-)
    • Quick update in case its helpful to anyone in the future.   Covid made things a little different i think, there was no prosecutor to talk to however the legal advisor to the magistrates was helpful and happy to make the decision to do the deal, this took place in the courtroom, although i had spoken to someone (i think an advocate) half an hour before who had made them aware of what i was asking. All was relatively pain free and ended up with a £3xx fine rather than the £8xx, and 3 points rather than 6.   Thanks for all your help MITM
    • Thank you for this – and thank you for the donation. You need to check your PayPal email address because that was the email which was used for it. It would certainly be nice to think that Hermes didn't know how to handle a claim for Conversion – but I'm afraid I think it is most likely that it simply escaped their notice – the whole thing. Anyway we'll see. There will be lots more conversion actions in the future and if and when they actually respond to them, will see how they deal with it.
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    • 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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    • 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.
       
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      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.
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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This is a summary & later details are from other things I have read here. All correspondence with Lidl has been by email, excluding the first which was via their website, but I kept a copy.

 

My house was badly flooded when we were on holiday, a major burst that probably ran for over three weeks.

 

Relatives helping me used my car to take things to the dump, then drove into a Lidl I had suggested nearby to buy baking powder for cleaning & tea. (They also bought cakes, as the receipt was in the bag, but I don't know where it is now).

 

The car is a coupe & is quite low (as standard) & hit a speed bump making "the exhaust sound funny". They bought what they went in for then found the car could not drive as the exhaust had partly fallen off & jammed under the car. There's pictures of this that have been sent to Lidl.

 

They had tried to release it but couldn't then called me & I called my garage who are not far from that Lidl, but they could not go for hours so I called the breakdown company, who appeared later & released the exhaust, leaving the car drivable but without a back box.

 

The staff in Lidl had already given them a long cardboard tray thing to put the exhaust in so the boot would not get dirty when they had been told what had happened.

 

A letter arrived a week to the day later saying the car had overstayed ?90 mins? & owed £90. This was sent to me but was shoved in a brown envelope & the date put on it by my niece. About 2-3 weeks later when at the house I opened it, but left it there & its now part of many bundles or might have been binned, as even as the house was drying water/dampness would collect on the hall floor.

 

The letter was not from Lidl but from a parking company & "as the car was registered to me"

 

So I contacted Lidl telling them what had happened & sent the exhaust pictures & explained I can't find their parking company's letter & they told me to contact the parking company "with the reference number on the letter".

 

I wrote to them explaining they had sent a standard reply & they said they would look into it. I then contacted my breakdown company & asked them to send confirmation the car had "broken down" & they also gave me the name of the breakdown company who had attended, so I could obtain their vehicles registration that must appear on the records Lidl have for that day. I then wrote again to Lidl telling them the letter was coming from the breakdown company & the registration of the breakdown truck.

 

So today again an email appeared telling me...

 

"You will have to contact Athena ANPR directly."

 

But without an email address or contact details, or the reference number they have told me I need.

 

So I'm feeling pretty harassed along the lines of I appear to be dealing with monkeys whose speed bump has trashed my exhaust & want me to pay £90 for the privilege.

 

I'm in Scotland & use Lidl fairly often, having swapped from Waitrose when they became political during the Scottish independence campaign. But they've shot themselves in the foot on that one now.

 

Looking through things over people have been asked & answering them.

 

It happened mid January, & the letter arrived a week later to the day but was not opened until later. The date will be confirmed when the breakdown company's letter arrives.

 

No appeal has been submitted as I don't have the letter or reference number & Lidl don't seem in a hurry to give me this. I'm guessing Lidl is trying to take it beyond an "appeal by" date.

 

The letter did have pictures of the car going both in & out & said how long it had stayed. Other than that there is not much I can tell you.

 

The carpark was Lidl Govan, under a 5 min drive from the dump.

 

We are not staying back at the house yet & the date for moving back in is the start of March.

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As you're in Scotland, ignore them and anything the send you completely and absolutely!

 

POFA does not apply in Scotland and therefore keeper liability does not exist.

 

As long as Athena do not know the identity of the driver, there is nothing that they can do. Don't be fooled by their scare tactics, you're not liable for a single penny.

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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you need to understand this is NOTHING to do with lidl's too.........

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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Others much more knowledgeable than me will be on later.

 

Firstly, it's Lidl who employ these crooks, not vice versa, so if you go up the company chain it's likely someone will force them to cancel.

 

Secondly, in Scotland the conmen can only sue the driver (in certain circumstances in England & Wales they can sue the keeper (POFA)) so never, ever, tell them who was driving.

 

Thirdly, I vaguely remember something about it being impossible to have a contract during a breakdown or some such ... "frustration of contract" or something ... as I say, wait for the experts tomorrow morning ... with their help you will be coughing up exactly £0.00.

We could do with some help from you.

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Thanks for your reply.

 

To form a contract requires consensus (consensus in idem is the legal term) so both parties agree, although that could only be used against a driver who willingly parked there whilst aware of the conditions & not when it was unavoidable (even if aware of the conditions).

 

"Frustration of contract" is when a contract was formed but an unforeseen event makes it impossible for the obligations entered into to be fulfilled. There was no contract with either me or the driver here.

 

I know I don't owe them, I just don't want the grief of some comedians harassing me for what they are not entitled to when I'm hacked off with my house being trashed.

 

you need to understand this is NOTHING to do with lidl's too.........

 

Thanks for your reply.

 

Lidl were my only contact with a company I did not have a record of who I was dealing with. Although now they have told me, I don't have the reference number they say I need when contacting that company. They have also not given me contact details other than the company's name.

 

Is the relationship between Lidl & the parking company not one of agency?

 

As you're in Scotland, ignore them and anything the send you completely and absolutely!

 

POFA does not apply in Scotland and therefore keeper liability does not exist.

 

As long as Athena do not know the identity of the driver, there is nothing that they can do. Don't be fooled by their scare tactics, you're not liable for a single penny.

 

 

Thanks for your reply.

 

I'd never heard of POFA until looking here tonight, but your message reminded me the letter did ask me to identify the driver. This might suggest the letter did not mention POFA & was geared for Scotland.

 

Although in saying that it would be close to a first.

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stop waffling, you will only shoot yourself in the other foot if you take these people seriously. The truth is the parking co have broken the law by obtaining your keeper detail and you wish to give them some credence.

 

A unilateral contract cannot be frustrated so forget that argument, what is important is a breakdown isnt an sgreement and to repeat, in Scotland there is n keeper liability so even bothering writing to Lidl has done more harm than good.

 

As it was private land they are not obliged to have spped bumps that dont trash your car, you are not forced to drive there.

 

Now read up an private parking by absorbing what is said in about the last 50 thears in this forum and then ignore Athena some more and if they presist on harassing you tell us and we will advise accordingly. At present they cant touch you and you can have them for breach of the DPA so keep quiet and let them hang themselves

Edited by honeybee13
Paras
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