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    • The reason for the photos is to show you weren't displaying a permit.  They are supposed to check that the permit hadn't fallen off the dashboard. There is no point in appealing to PPM.  The very people who deliberately set up the site with rubbish signage to catch motorists out are highly unlikely to find against themselves. You've said several times that you think the company who you met with called PPM in so these are the people you need to contact in writing to request they call PPM off.  Until you do so we're going round in circles. If you don't want them to have your e-mail address simply set up a secondary e-address.  
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    • Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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MyHermes Stolen Parcel

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I sent a parcel via MyHermes containing an Electric Guitar,

MyHermes knew this was a guitar as I informed them of the contents and value before posting,


I dropped it off at the parcelshop and the last I ever heard of the parcel was it was scanned into my local depot,


I involved the police who said they couldn't do anything due to lack of evidence, but have suggested it's highly likely to have been stolen, but due to the item been on the excluded items list, they said I won't be able to get any compensation for a £500 item,


I've filed a court case and went through mediation with MyHermes who offered me a sum below £150, I politely declined the offer and said I'd rather carry on with the court proceedings, they also said to the mediation person that they're confident I don't have a leg to stand on in court and are happy to defend,


I want to know if this is the case?

will I lose in court?

surely they have to have broken some form of contract?

they just keep blaming me for sending the item


I don't know whether to contact MyHermes and see if they'll let me accept the offer if this is the case that it's highly likely I'll lose the court case,



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Well done on beginning a court case against Hermes. They need this kind of treatment. If you read around the forum, you will see the kind of antics they get up to in the way they try to wriggle out of their commitments.


Big fail on having begun the court case without knowing the steps and without understanding the arguments. This is a potentially dangerous thing to do and and especially that the County Court procedure is quite simple and well written about over the Internet, you really should have prepared your self and known what you are going to do.


However, we will help you.


Please will you post up your claim in PDF format. Have they responded with the defence? If they have then I expect it would be an approximately 32 page defence which is what they generally trot out in all of these matters.


It is extremely important that you declare the contents of the value of the package when you went into the contract. Presumably you have a written record of this.


Assuming that you do have a written record so that Hermes were appraised of the situation then it is difficult to see that they could ever defend on the basis that it was a have prohibited item.


However, one should also ask why do they include certain items on a prohibited item list. In the case of a musical instrument it is likely to be because of the risk of damage to the item because they considered that this is fragile. This would mean that Hermes might have a good argument if the situation was simply that the guitar was damaged. However, in this case the guitar has been lost. Clearly its fragility did not in any way affect the risk of the item being lost altogether. So in this respect also, it is reasonable to say that their list of excluded items i is not designed to protect them from the event which actually occurred i.e. the item disappeared.


I think you have an excellent chance of winning. I think it is entirely possible that Hermes will put their hands up once they're convinced that you're prepared to go to the hearing. As I have already said, it's about time they had a slap. Please post up your claim form in PDF and tell us about the defence. If it isn't too long and you can post that up too.

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Hi, thanks for the reply, I'll post the PDF file asap,


I did do a lot of research before starting up the claim on how the court process works ect,

I had the arguments I was going to use against them,

such as breaching the duty of care for my parcel/negligence and failing to hold there end of the contract up to safely deliver my parcel.


But they have dismissed these arguments at the mediation and have said I don't have a leg to stand on, and they're confident that they're going to win the case,


I was hoping my arguments were good enough to use in court still,

I have evidence that I stated the contents/value of the parcel,

and they still chose to carry my parcel,


It seems like they're trying to convince me not to go to court by making out that I'm going to 100% lose the case,

Their defence was indeed a 32 page booklet of all their terms and conditions,

they filed an acknowledgement of service to begin with and stated that they were going to fully defend their claim.

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Please will you post up with the evidence that you have that they were informed that it was a musical instrument and also the value

Did you pay extra did you pay anything extra for compensation for an item of that value?

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read upload to post images here

use PDF

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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Yes, I've seen the image showing that they had clear notice that it was a guitar and also the value. Please will you post up here in PDF format for everyone to see. Also, would like to see the claim form.


It's a shame that you agreed to go to mediation. Mediation is absolutely deprecated for this kind of thing. Hermes simply consider that this is an opportunity to try and dominate you and beat you down. Did they represent themselves or did they have some solicitors to do it? Who were the solicitors?

I have seen so far I guess your chances of success are much better than 90%. I suppose that you had better post up their defence as well so that we can see if it contains some nugget of a relevant argument. But we do need to see your claim – in PDF format as has already been asked.


Where are you now on this?

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Sorry for the late reply,


Does this show the PDF claim form?


I wrote my claims particulars, I read it to the Citizens Advice employee who said it was fine to send and would do the job, I wish they'd have given me a bit more advice but they've told me their isn't much they can do now :|


MyHermes are representing themselves, they've hired no solicitors and are just defending themselves through their own legal department.

I don't have access to a scanner till Monday, so I won't be able to upload there defence until then, but it just states that they knew it was a guitar and it's value, but then they just referred to their own terms and conditions and said they are fully defending their claim, to which then follows is just their terms and conditions in booklet form from their website.


I only went through with mediation because I thought it would give them the chance to settle the claim, but as you said, they only used it to try and bully me into not going to court,



I hope this helps,


Claimants claim form - MyHermes.pdf

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Still waiting to see the defence please. He would be helpful if you would engage with this thread

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