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    • dx, As requested:   Queries are made in red. Date of Statement: xx December 2019 Claim Number: XXXXXX Between: UK CAR Park Management Limited and XXXXXXX   1.    It is admitted that Defendant is the recorded keeper of XXXX XXX.   2.    It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. How do I check who the landowner is?   3.    If there was a contract, it is denied that the parking charge is incorporated into the contract. As per Thornton v Shoe Lane Parking [1971] 2 QB 163, the relevant term must be made known before a contract was formed. Here, the charge was not incorporated into the contract because [explain] – I assumed this means no contract was agreed?   4.    The amount is a penalty, and the penalty rule is still engaged, so can be clearly distinguished from ParkingEye v Beavis which the Judges held was 'entirely different' from most ordinary economic contract disputes for the following reasons:-   a)    The Claimant has no commercial justification b)    The Claimant did not follow the BPA Code of Practice, allowing a MINIMUM grace period of 10 minutes. c)    The Claimant is not the landowner and suffers no loss whatsoever as a result of a vehicle parking at the location in question d)    The amount claimed is a charge and evidently disproportionate to any loss suffered by the Claimant and is therefore unconscionable. e)    The Court of Appeal for the Beavis case made a clear reference to the fact that their decision was NOT relevant to pay-per-hour type car parks.   5.    A parking ticket was purchased. However, after much difficulty. The Defendant made several attempts to initially pay for parking via telephone and the indicated telephone-based application, which were both declined by the claimant’s system of payment. The Defendant was attending a Drug and Alcohol (D&A) test based on the conditions of a new employer. The delay in obtaining a parking ticket caused significant delay. The Defendant was late to the appointment and was not permitted to leave the test until indicated by the examiner. Options made available to extend parking durations remotely did not function. Please refer to Attachment 1 – an email of complaint sent on the said day of apparent contravention (12th March 2018). My own wording. Is this ok?   6.    The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.  
    • send the new company an sar specifically asking for all the data they received from Solarplicity dx
    • I will scan up some documents, if anyone could please check over them for me and let me know if my assumptions are correct.
    • The link given in my previous  post has been updated. (ensure to have a good read and check the links given)   READ MORE HERE: https://www.gov.uk/government/news/thomas-cook-information-for-customers-employees-creditors-and-shareholders
    • Hi   With sending a Subject Access Request (SAR) make sure and ask for 'ALL DATA' this covers everything no matter what format they hold that data in whether it be telephone recordings, emails, online etc.   Also make sure and specifically ask for the data they have removed from your online account
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maia

Parcel2go Hermes lost goods - **small claim issued *** WON***

style="text-align:center;"> Please note that this topic has not had any new posts for the last 372 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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Thank you

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I really don't know why anyone would use P2G anyway!!

 

H


40 years at the pointy end of the motor trade. :eek:

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why ?

Do you know something we don't!

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Quick update:

 

 

The claim was sent yesterday.

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Well done.

 

Now you should monitor MoneyClaim closely so that the moment it allows you to apply for judgement, you put in your application – without giving anyone any notice. Move immediately.

 

There are several things which might happen.

 

Parcel2go might contact you and offer to pay the cost of the Zimmer frame if you drop the action. – You should refuse.

Parcel2go might contact you an offer to pay the cost of the Zimmer frame plus all your court fees – you should consider accepting this.

Parcel2go might put in a defence so that the matter is then drawn out and you will then receive a directions questionnaire which you should complete. This would ask you if you wanted to enter into mediation – and you should refuse. It will also ask you which court you want the hearing to take place and you should indicate your local court.

At some point you will be told that you must pay a hearing fee if you want to continue. You should pay this fee. It could be hundred pounds or a bit more. You will get this back if and when you win.

Parcel2go may well be waiting to see whether you are prepared to pay the hearing fee. If you don't pay the hearing fee then you will have to withdraw the claim and you will lose your money including your claim fee.

If you pay the claim fee then Parcel2go will realise that you are serious and they are looking at a court hearing. At this point they may contact you and offer you the full amount you are claiming plus the claim fee. You should consider accepting this.

Parcel2go might decide that they have a solid defence and they will take you to court. You should be prepared to go to court with all of your arguments. On the basis of what you have told us here, it seems inconceivable that Parcel2go could win.

 

Please engage with this thread and keep us updated on all developments and we will help you every step of the way. I hope you realise this by now.

 

Don't enter into any agreements with Parcel2go without coming here and telling us about it first so that you can hear our opinion about it.

 

I still think the Parcel2go are completely nuts


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Dear Bankfodder,

 

P2go sent this email, dated the 10th of may

must have come though after the trouble with his internet connection was fixed.

My dad says he did not participate in any chat

Why are they doing this ??

Does he still have a case?

 

 

 

 

 

Thank you for your email.

 

Firstly, please allow me to apologise for the inconvenience caused to you and your recipient.

 

We would be unable to open this claim again Ashley.

 

You were advised on chat to not hand over the package to a Hermes driver.

 

Please below;

 

Yes, for tomorrow. Incase Hermes do not receive the cancellation request in time, please ensure you hand this to the correct DX driver.

 

A Hermes driver may also still try and collect. You need to pass this to the correct driver

 

It is the senders responsibility to check that the correct courier is collecting their parcel after a change of service.

 

Again, please accept our greatest apologies here. The claim will not be re-opened or increased on this occasion.

 

Should you have any further queries, please do not hesitate to contact us.

 

 

Kindest Regards

A Ali

Parcel2Go.com

 

 

I saved the transcript of one of the chats he had ,and nothing like the above is mentioned.

 

What should we do now?

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Well it all seems very strange – but if you have a chat which shows that no such exchange took place then there should be no problem.

 

You have issue the claim. Monitor MoneyClaim so that you can apply for judgement the first moment it becomes available. This will be in about 14 days unless they acknowledge the claim in which case it will be 28 days.

 

Let us know what happens. If they acknowledge the claim then let us know. If they put a defence in then let us know and post it up in PDF format.

 

Make sure that you store all the information you have. If you have transcripts of chat then make sure that you print them out so that they are secure in case your computer breaks down.

 

There is nothing to do now except to wait.

 

By the way, did any other driver come along to pick up the parcel?


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Hi there

I do not know if anyone came to pick up the parcel.My Dad fell over and is in hospital at the moment. I spoke to him on the phone,but i didn't ask him about the parcel because he was high on morphine and wasn't making much sense.

As soon as i can i will find out.

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quick update :

have checked money claim nothing happening so far.

Claim status: issued

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Thanks


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quick update:

 

parcels2go filed an acknowledgment of service on 14/05/2018 at 16:02:13

 

what do we do now?

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Just wait


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Next.... they have 28 days from date of issue to submit their defence...


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

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when you get the defence, please post it up in pdf format


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so this means they intend to defend the claim...

 

unbelievable

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It doesn't mean anything at the moment.

 

It could mean that they intend to defend the claim and they think that they have got a really good chance at a hearing.

It could mean that they are going to try it on and scare you and hope you give up.

It could mean that they are going to try and bluff you and see how far you go, and see if you are prepared to pay the hearing fee. And then if they find that you are prepared to go the hearing fee then rather than go any further on it, and risk extra expenses, they pay you out including all your fees.

 

The last possibility is the usual option.

 

We will see what they say in the defence but I understand that you sent off a Zimmer frame and that it was lost. I'm not aware that there is anything else odd about this case. Because you were unable to print a label, you informed Parcel2go and they sent Hermes along. You acted on the instructions of Parcel2go by handing the Zimmer frame to Hermes. They admit they have lost the parcel.

 

On the basis of that, – yes it's amazing. They are nuts.

 

I haven't gone back to the beginning of the thread again – but was most of this done on the phone or have you got in writing?


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There was only one phone conversation the rest of the communication was in the form of emails

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That's good. Thanks


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quick update:

 

wonderful news...

Good Afternoon Ashley,

 

I am contacting you regarding the above Court proceedings.

 

Firstly, please allow me to apologise for the problems caused when using our services.

 

I would like to settle this for the full amount on the Court Papers which is £126.16.

 

In order to settle the said amount can you please provide me with your sort code and account number, I will then set up a manual payment with our accounts department.

 

Once the payment has been received can you then file a notice with the Court that this matter has been settled and no further action is needed.

 

Thank you for your cooperation.

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Bravo.

 

Don't withdraw any claims or do anything official until the money is in the bank – and give it about seven days afterwards. Then you can discontinue the claim.

 

You can see that this is pretty well what we expected to happen. They are a stupid bunch of bullies and when you consider the energy and the expense that they have gone to in order to deny you your rights on such obvious little issue, you can see that there run by their egos rather than any business considerations or any sense of decent customer service. They should be ashamed of themselves and other people who read this thread should take note.

 

Please do come back here and let us know that it has all been sorted and that you feel safe in discontinuing the claim.

 

I hope it's been an interesting experience for you. You understand a lot more about how to assert your rights – and the next time that something happens, you'll be able to move with confidence.


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I will now send them the bank details and wait for the money to go into the account.

 

My dad is still in hospital but hopefully someone will take him a computer so that he can check his account on line.

 

I am so pleased with this outcome!

 

My dad wanted to throw in the towel on numerous occasions, because it was extremely frustrating using their on line chat. It seemed like the employees were reading from a script.

 

I'm glad I didn't let him give up.

 

I hope it encourages other people to stick up for themselves and not let these awful companies take advantage.

 

I would like to take the opportunity to thank you for all the help and excellent advice .

As soon as my dad gets the computer I am positive he will make a donation to show his gratitude.

 

Thank you once again, couldn't have done it without you!

 

Marvellous outcome! (will post again when the money is transferred)

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We were very pleased to help you – and the fact that you persisted will give a lot of confidence to other people in a similar position.

 

An online forum isn't the best way to deal with these kind of things – but on the other hand it comes for free so who's to complain?

 

You are quite right. These people do read from a script – and you can imagine that when they have dealings with other companies who treat them badly, they are the 1st to complain. I have no idea how these people manage to sleep at night. I wonder if they really believe that they have helped their company Parcel2go by being so stupid and so greedy


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Just a quick update

The money has been sent to my dad's account.

Thank you so much for all your help!

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