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    • Unless you have already sent it – which I don't think it's clear – how about this as an alternative:    
    • You mention covid holiday in your title.. did you have one and missed or deferred payments?   tell us the story please though a mortgage company rarely refuses for one default.there must be another reason   DX
    • Vodafone have a reputation for doing this although it hasn't happened for a while. There an appalling company and I think they are the most complained about company and have been find quite a lot of money in the past by the so-called regulator. Frankly I thought that they had started to sort themselves out. Sent them an SAR. They may try to impose some kind of obstacle such as a special former something or other to fill in. This is unlawful as long as they have no reason to be dissatisfied with your identity details. Separately – because they are capable of understanding to issues in the same letter – separately send them a letter of complaint and ask them what's going on. You might also want to try and deal with this on the telephone – but if you do then read our customer services guide first and implement the advice there because anything that is said on the telephone could be of use. However, don't expect this to go away quickly. They are incompetent and once they make a mistake they tend to dig themselves in rather than dig themselves out. Sent they SAR – and separately the letter of complaint.
    • Nobody here can say for sure whether you should challenge this penalty or just pay it because nobody knows if a court would consider your reason(s) for not wearing a mask a reasonable excuse or not.   But... my view would be that if you can get a letter from your doctor saying that because of your medical conditions (acne and anxiety) that wearing a mask causes you such distress (and/or discomfort and/or pain) that you have a medically based reasonable excuse for not wearing a mask, then that should do it for you - in my view.   You can then use that letter to challenge the police as to the validity of the fixed penalty, and if they don't back down you can let it go to court - if you want to do that.  I would expect the court to accept your doctor's letter at face value and quash the penalty - but nothing is certain!   Have you given your doctor/your practice notice of what you want and why you need it?  Have you explained that you have already received a fixed penalty for not wearing a mask, that you want to challenge it and that you need a letter explaining your reasonable excuse for not wearing a mask so that this does not happen again?  At my GP surgery I could either have phoned them up to explain all this in advance, or emailed them explaining it.  It might not be a good idea just to turn up for an appointment without letting the GP know in advance why you are there.   If your GP won't give you a "reasonable excuse" letter - and they may refuse to do so - then you need to think again.   First thing to consider if they don't is that you need to decide if you really have a reasonable excuse or not.  If you still think you do, then you need to decide if you want to challenge the penalty further or if you just want to pay it.  But if you do that, what happens next time* you are caught without a mask?  If you don't think you have a reasonable excuse, then you'd better start wearing a mask.   *If you can't get a GP's letter I have a few other thoughts but will have to post those later - I'm just going out.
    • It will be very helpful if you could space your posts a bit more. Well space makes it much easier for people to engage with – especially when they are looking at it on a small screen. I'm not sure how long ago was that curries could ever have been considered an excellent retailer. They've always been curmudgeonly about their customer support. All I can say is that there were times when they were maybe a better retailer because at the moment things are very bad with them. If you used have an account here then maybe we can merge them if you still have access to the old email address that you used. We weren't around in the eighties. We started in 2006. I don't see why you think that your previous history with curries should influence their standard of customer-dealing with you. Big Fail. Also, yes – failure to use a credit card – Big Fail.   I've had a look at your letter of claim. I can't believe that this is the standard of stuff provided by Which magazine. It really is verbose and goes into all sorts of irrelevant details – and in case you haven't understood it yet, Currys don't care about the problems they have caused you, whether or not their behaviour is unacceptable, your level of exasperation – you attempt to be reasonable to them by proposing some kind of negotiation (what on earth is there to negotiate here? You paid 100% of the money and you want 100% of what you paid for. Is there a problem with that?) Have you sent this letter of claim yet? You better let us see your proposed particulars of claim before you click them off. I have no idea why you went to Which – when you know that we exist and you've been here before.     Also, I have just noticed that you have given them 28 days to respond. Bless!
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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Hi - I have received a PCN for an alleged "Failing to Comply with a No Entry Restriction". It is not quite straight forward and I would appreciate any guidance please on my chances of appeal?

 

I started my turn into a wide side road when I noticed it was a Non Entry.

I decided not to enter and was able to continue my drive straight out again as the entrance to the No-Entry road is huge (width of several lanes - and hardly any traffic as it was 11pm).

 

The front of my car would probably have veered across the double white lines across the side road, But I was able to continue to drive out the entrance

- it was like a u-turn but more of a wide curve in and out of the road entrance (if that makes sense).

I waited to check that the main road was clear and drove off.

I did not actually drive into the side road and had no intention of entering into a No Entry road.

 

They have sent me very faint photos

- if they have video footage (they have not mentioned it), they would be able to see I turned out immediately.

The PCN does say they will exercise discretion if there are mitigating circumstances, but that's not reassuring enough.

 

What are my chances of a successful appeal?

 

I am within the 14 days discount period.

The PCN says that if my appeal is rejected I will need to pay "the Penalty Charge"

- doesn't mention a discounted rate.

The full charge is £130 (ouch!).

 

Many thanks for reading and any advice?

 

Kind regards

Sam

Edited by dx100uk
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you should be able to view the video on their website typically?

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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I've checked again and no video footage is available.

Just a series of sequential still shots showing the car curving into the dotted double white lines across the side road and exiting out immediately.

 

Only one image of the car has the number plate clearly visible, end even then, it doesn't show the location of the car in relation to the road. The remaining images do not have the car number plate visible. Any suggestions?

 

I have just noticed on the images that there is also a no U-turn sign at the junction. And I did do a U-turn. So that's a correction from the information above. But that is not the offence I have been alleged to have contravened.

 

So I now have 2 questions please:

1) Is the U-turn offence relevant here, given they have not mentioned that on the PCN?

 

2) What are my chances of appeal for "Failing to Comply with a No Entry Restriction"

- given I did not drive down that road but did a U-turn to come straight out?

 

Thanks again

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i would suggest as you crossed the lines sadly its valid?

 

await the experts

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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Share on other sites
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