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    • Thanks @lookinforinfo.   The text is updated:   1.       This case is often quoted by the claimant as assisting their case. However, in this instance it actually assists mine. It is contended that the act of stopping a vehicle does not amount to parking. This predatory operation pays no regard to the byelaws at all. It is likely that this Claimant may try to rely upon two 'trophy case' wins, namely VCS v Crutchley and/or VCS v Ward, neither of which were at an Airport location, which is not 'relevant land'. The Airport land is subject to the Airport Byelaws as specified in 'Section 63' of the Airports Act 1986 [EXHIBIT A]. Both cases involve flawed reasoning, and the Courts were wrongly steered by this Claimant's representative; there are worrying errors in law within those cases, such as an irrelevant reliance upon the completely different Supreme Court case. These are certainly not the persuasive decisions that this Claimant may suggest. Furthermore, VCS has been running the parking business at airports over the years it would be expected that they would become familiar with the Airports Act. Unfortunately, they choose to neglect and deny the Act in their Witness Statement.
    • Hi Mango,   Please don't post in large blocks of text as it's far harder to read. Spacing added for you in the post above.   Please give brief answers to UncleB's Q's above so we can better assess your case, thanks.
    • "These are certainly not the persuasive decisions that this Claimant may suggest." Well worded.   I would add that as VCS have been  active in Airports over the years  that one would  expect they would be familiar with the Airports Act which would call into question the accuracy of their WS.   By questioning their WS you are hoping that VCS might decide not to turn up in Court [giving you a walkover] as they might not want the Judge looking closely at their WS. Also it would not be good for them should you win your case based on the Airports Act as it will have other Courts  kicking out other Airport cases hitting them in the pocket.    
    • Hi,   Still no response. I have my Liability Order hearing in a few days time, I was hoping I might have been able to receive a response from either my local councillor or the leader of the council before then. I wonder if they are just going to ignore my email?   Walshy    
    • I have got an  independent expert report which clearly states it is a manufacturing fault, which DFS have been made aware of.   My point is that as a huge retailer of leather sofas with leather peeling  being a common complaint to me it seems evident they are aware it is a manufacturing fault on their side. Yet they play games with customers and worse of all try their level best to get the customer to believe that it is their fault due to oils or creams they are using.   Even if one is to believe that every day creams etc can cause this damage then in any event the sofas are not fit for purpose.   Surely they are merely playing a numbers game banking on the fact that most complainants will not follow through with legal action. Yet what about the anguish and distress they cause to customers in the process.   To me this shows alot of contempt towards consumers and is clearly unethical.
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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!
       
       
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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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Illegal eviction damages claim


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The claimant isnt planning to attend court due to a hospital admission but plans to send his wife asa representatives. I’ve tried over the last few months to convince them to not go to court as I can see clear problems in their case but they feel as they own the property they are justified in their actions

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In small claims track, a third party (such as a wife or other family member) only has the right to represent a party if the party is physically present in court. If a party is in hospital, his wife has no legal standing to represent him.

 

The rules are pretty clear on that - you can only be represented by a solicitor or barrister if not present.

 

Though to be fair it is very possible - probable in fact - that the judge would just let it slide and hear out the wife despite what the rules say, rather than go through the bother of rescheduling the hearing.

 

To me it sounds like yet another reason why the landlord should try reach a settlement in advance of the hearing.

 

Yes the tenant is liable for damage to the property, if the landlord can prove that the tenant damaged the property (e.g. by a check-in inventory compared to a check-out inventory). But I think the landlord also has to accept he did not protect the deposit and there will likely be a penalty for that.

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  • 2 months later...

Hi all just an update. Second hearing of this case due tomorrow. In the first the claimant was ordered to provide number of things prior to this hearing. All have been provided bar a copy of the tenancy agreement. The hearing was initially schedular for a 3 hour slot, however today all parties have received an email stating that upon reading the statements and that the claimant had not provided as ordered a copy of the tenancy agreement, the hearing will now be a directions hearing with a time estimate of 1 hour.

 

What does tris mean?

As a layman am I right in thinking that the judge is likely to dismiss the case due to the claimant not providing the evidence ordered?

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Further update

Hearing lasted 10 mins, no case to answer on damages claim as no tenancy agreement provided so judge unable to rule on breech of tenancy without a contract.

Judge refered to the claimants as bad landlords and directed the tenants to sue for loss of furniture, claim for the deposit not being protected plus compensation And to pursue the landlord for illegal eviction. The judge warned the landlords to expect the costs to them to run into tens of thousanss

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Yes, thanks very much indeed for the update.

 

It sounds like the landlord was lucky to get off lightly on this occasion.

 

The landlord would be well advised to heed the judge's warning, and to offer a settlement to the tenants to settle their other claims. Otherwise it sounds like the landlord risks new claims being brought against him which as the judge said could cost the landlord tens of thousands.

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