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    • Thanks   Is there any good templates that can be modified for the defence?
    • is this letter entitled letter of claim? and comes with a reply pack?   please scan up your original agreement to ONE multipage PDF read our upload guide carefully 
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. .. get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • The agreement started 11/02/2019  for 47 monthly hire payments   Threat-o-gram : We are instructed on behalf of Hyundai Capital UK Limited T/a Hyundai Finance Contract Hire.  This is inaccurate, as on my hire agreement it says - Owner Santander Consumer (UK) plc trading as Volvo Car Financial Services. Hyundai must be who this other persons agreement is with.   The only will is: Should you fail to make payment of the outstanding bablnce of £5,000, or alternatively provide realistic payment proposals within the next 30 days, we are instructed to issue County Court proceedings against you for the balance outstanding. Such proceedings will also include claim for costs.   Yes I still have my agreement. 
    • Hi M10,   Compared to MANY other cases we see here, a refund of 80% is a decent offer in the circumstances.   Take it and get yourself a new item.   Far better than Very and Apple each denying responsibility and passing the buck, and you being stuck in the middle for months with no help.
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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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I had an appointment for dental treatment last week. I parked the car, with a blue badge and 'clock' correctly displayed, on the opposite side of the road. This is an area previously covered by double yellows and had, 12+ years ago, been a service bus stop.

 

I am fully aware that no service buses have used this stop since the opening of a new Interchange down the road in 2006. It is a popular parking place for blue badge holders as it is a quiet stretch of road since the buses stopped running through there, other services with stands in the next street stopped using this area of town last year when a gap in the dual carriageway was plugged and traffic lights removed as part of other works taking place.

 

But, the council have since marked out a 'Bus Stop' at one end of the parking area and claim this is for a community transport minibus for the disabled. These minibuses have run for some years now and my understanding was they went a different way, dropping off and picking up on the other side of the road to where I was parked.

 

I contested the ticket. They've written to say no, I was parked in a bus stop and therefore have to pay. I disagree.

 

I accept that they have marked out the 'Bus Stop' and put a thick solid yellow line against the kerb, which I didn't see when I parked between other vehicles already there as it was raining heavily. I have checked, this work has been done in the last year. I used Google street view to see how it was marked last year, just double yellows although the whole stretch had green tarmac.

 

Before I appealed the ticket I checked with https://www.askthe.police.uk/content/Q388.htm and there is a single line which says under PLACES WHERE YOU CANNOT PARK, 'A bus stop during hours of operation;'. So as part of the 'informal appeal', as they term it, I had said "I have challenged (the council) to tell me the hours of operation for this stand". They have not supplied this information.

 

I am not against the disabled persons bus service, being a blue badge holder myself, but I question the legality of the stand being there. It is not for service buses and therefore would not have 'hours of operation' in that respect, meaning I complied with the information I obtained from the Police website. The community transport service is pre-booked, so by definition not a 'public service' bus as we know them. The 'bus stop' is therefore not in use for service vehicles and I was parked there outside any known 'hours of operation'.

 

But where do I get this sort of thing verified so I can make a formal request to the council for repayment of the PCN on the grounds I was parked legally ? I am paying it under protest as they double the amount if not paid within 14 days.

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You can ask the council fo a copy of the Traffic Order for that stretch of road, and this will tell you what the legal restrictions are. If it says bus stop, it's a bus stop, and you can't park there. The council aren't obliged to use it as a bus stop, nor provide details of which hours it's in operation. Check the Traffic Order and see what it says.

 

If it is indeed a bus stop, and you were there when it's in operation, the next question is whether it's correctly signed. Hard to say without seeing it.

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Thanks for the info. It does go against what i read on the Police site re. the hours of operation though.

 

I have contacted the council, rather convenient that the chap I need to speak to had left the office for the day and I need to call back. I'll see what the traffic order says.

 

I am a disabled person with COPD and other ailments so try not to go out of the house unless I have to, hence using the wife's car to visit the dentist. I can copy the Google street view to show how it used to be, but would need to go back with a camera to show how it's marked out and any plates displaying information. At present I can't go to do that as the car is in the garage to have a new clutch fitted.

 

I think the key to this is in your last sentence: "If it is indeed a bus stop, and you were there when it's in operation...". My concern is that it is not in operation as a bus stop at all but as a dropping off point for the community transport operator. I know check the traffic order... Waiting to get that.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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if buses havent run for a number of years then you can argue that the TO doesnt apply due to dereliction. this is an awkward one as you will have to show not only a lack of buses but also a lack of enforcement of the restriction.

I agree that the council saying it is for a drop off minbus service is a red herring but it may be that you should ask the service provider how many seats their vehicles have as that may show it isnt even a PSV of the correct class.

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I accept that they have marked out the 'Bus Stop' and put a thick solid yellow line against the kerb,

 

Check if there is there also a sign showing the times of operation. If there is, and you were parked during those times, it could weaken your case.

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The area was left with green tarmac after buses stopped running from there 12 years and I can see on Google street view that it was just double yellows up to last year's images, the latest they have.

 

The council have informed me, via my local councillor, that the bus stop was added quite recently. I have to agree that there is a thick yellow line at the kerb side and the 'bus stop' markings are there. Very difficult to miss in the rain, when parking between other vehicles that were there at the time. My local knowledge of over 20 years in the town was that no buses run down that street these days. I was totally unaware of the disability bus as these services have always stopped on the other side of the road.

 

I will be going to take a good look at the area on Saturday. I will check for any plates showing restrictions etc.

 

I just spoke to the council, and the man who arranged for the bus stop to be put there. There is no traffic order, they have not needed one since a change in regulations back in 2002. The area is defined as a 24/7 clearway bus stop and is marked up as such with the thick yellow markings. However, he has accepted that I may have a point about PSV against a community disability bus and the validity of the stop. He is unaware of any such restriction but will check and get back to me.

 

He says that the reason the bus stop has been (re) created there is that the disability service has grown over the years and the vehicles were causing an obstruction where they had been stopping on the other side of the road. It has been there since September (-ish) 2018.

 

He is also of the opinion that a bus is a vehicle set out as such with 8 or more seats and that there is no definition in the regulations relating to public service vehicles only. My point was that the disability buses are pre-booked, so not a 'public service'.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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. My point was that the disability buses are pre-booked, so not a 'public service'.

 

If the vehicle complies with s.1, Public Passenger Vehicles Act 1981, (more than 8 passenger seats, fare paying passengers etc.), it may be considered to be a Public Service Vehicle.

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