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    • Hi,   it’s entirely up to the boss if they use furlough or not; but there’s no harm volunteering, and if you are ok with 80% and no top up, that’s good to say also. They can choose who stays and who is furloughed, yes.   Anonymous phone call to HSE is usually how I’d handle a safety risk where the employer is a bit tricky; risk assessment if they’re decent. But I imagine HSE are a bit busy right now.
    • Hello and welcome to CAG.   Here's a link to ACAS that should answer your contract questions. If you look around their site, you should find information about some of your other questions.   https://www.acas.org.uk/employment-contracts   I expect people will be along later with more answers.   Best, HB
    • I have added their poc in your above post for clarity.   you need to address para 3.    bump point 3 forward down 1 number and add in:   3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in yyyy by either the claimant or the original creditor .    if mcol is still flaky ….   MCOL is only one way of responding to a claim.  . If you are having problems logging in, or would prefer not to use MCOL,  you can fax, email or post your response to the Court instead.  If you send your response by e mail  please send it to ccbcaq@hmcts.gsi.gov.uk and ensure you quote “Claim defence response” and quote the claim number in the subject field.  . neither by email nor MCOL do you need to inc I confirm that the above facts and statements are true to the best of my knowledge and recollection.
    • you should have done the pictures weeks ago not leave it till 1 min before you need to file a defence. you've been here +6yrs and have numerous court threads and numerous private parking ticket threads  but somehow always seem to screw up one way or anther..   if you look on google earth street view you can see the cameras and the entrance/exit layout which matches the photos from that link I gave you and your upload which I've now redacted properly now .   POC   1.Claim for monies outstanding from the Defendant in relation to a parking charge (reference 00000000) issued on 10/10/2019.   2.The signage clearly displayed throughout KFC (Walkden Manchester) states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract).    3.ParkingEye’s ANPR system captured vehicle 000000 entering and leaving the site on 07/10/2019, and overstaying the max stay period.   4.Pursuant to Sch 4 of the Protection of Freedom Act 2012, notice has been given to the Parking Charge payable upon breach.   5.As no response was received, an alternative service address was obtained and further correspondence issued (CPR 6.9(3)).   defence:   1. i am the registered keeper of the car Reg No. xxxxxx mentioned in the claimants claim.   2. the defendant denies that any monies are due to the claimant because there was no breach of contract to create a cause for action.   3. The claimants Accredited Trade Association, the BPA has a MINIMUM grace period of 10 minutes to allow the necessary consideration of the offer of conditions to park and other actions before any contractual condition can be applied.   4.The defendant denies exceeding any free parking time in addition to said grace period as neither the land owner who may have employed the claimant to manage parking with a current paid for contract covering the date of the overstay nor the claimant have any legal authority to vary any free parking period granted by the relevant council upon issuing the original planning consent for the entire walkden retail park.    needs firming up people...   you can file by email if MCOL is playing up still though from research today 99'9% of all PPC claimforms are being postponed for many months by all courts now,      
    • OK, excellent, please take pix both of KFC signs and also the signs in the surrounding car park, as I reckon that KFC has unilaterally tied to change the permitted parking time in their bit of the whole car park.   Also park in the main car park, not KFC, as I've read reports of invoices being issued for motorists who have parked in the KPC bit even if it's closed at the moment!!!   Could you reply to what I asked in post 57 please?  If you don't reply, it's difficult to give appropriate advice.        
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mic001

Lost Hermes parcels x3, help for court hearing w/o lawyer

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I am a small independent skincare maker. 

I purchased the service of MyHermes to collect and deliver 4 parcels of wholesale skincare goods to a stockist, and 3 were lost.

* 2 parcels had their last scan at the Hermes depot Jun 1st '18, and haven't been seen since. 

* 1 parcel made it to the destination OK. 

* 1 parcel was said to have been delivered but was never received, and at some point I was told the delivery scan happened on the other side of town to where the parcel was supposed to go.

MyHermes say they've conducted multiple sweeps of the warehouse and can't find them, and have offered me £50 only as a 'good will gesture', which is insulting.

 

I have taken the case through the small claims procedure and it’s been moved from different courts/online to court / different judges etc, and finally now there is a hearing date. 

I was hoping to settle this without a hearing as I don’t have a lawyer.

Hermes claim as the contents is liquids they don’t cover them in their terms. 

I labelled the boxes as ‘Skincare’ and they took them anyway. And it’s beside the point what the contents were since the boxes were lost/stolen.

 

I'm claiming for the wholesale price of these goods. The case is for around £4,600 including the court costs.

 

I have to pay another £355 hearing fee now, on top of the few hundred I’ve already paid to make the small claims case.

 

Do I continue? Can I go to a hearing without a lawyer and be successful?

Do I have any chance? I’m just so sick of all this.

 

I have only a few days (until the 8th March) to pay the hearing fee so I need to decide ASAP whether this is worth it.

I would so so appreciate some help or support from someone who knows much more about this than me!

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I'm on a telephone at the moment so please stand by for a fuller reply later.

however in the meantime please browse the other similar threads for an understanding of why you have an excellent chance of winning although of course it is a risk as you already seem to understand


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Thank you BankFodder, I was hoping to hear from you as I have indeed been reading through other posts.

I have some commitments today but will be researching hard to put a proper 'legal sounding'  (not my forté) argument together over the next few days so any input would be greatly appreciated.

I would be willing to go to press also. It's awful how Hermes bullies can impact a tiny business like mine when they're clearly at fault and the cost is nothing to them and covered by their insurance surely.

Thank you in advance.

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Please will you post up your claim form and also the defence in pdf format


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Hi and a welcome from me.

I have an interest in Hermes (and Parcels2Go) and it is my opinion that they do not want their terms and conditions tested in court as almost everything they convey is prohibited for them to carry which (again in my opinion) is not lawful.

Nearly case I have followed so far has been settled but it needs a full court case to test those terms and conditions. As your case is quite a costly one, Hermes may decide that it is worth defending so you do need to be aware of that.

Bankfodder is the 'go to' guy in these cases and I am glad to see he is helping.

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Thank you Silverfox.

Here are the claims form and defence as requested by BankFodder.

The claim was amended after the 3rd parcel was lost (at the point of the original filing the 3rd parcel was presumed delivered as it had a delivery scan, but it actually never arrived).

I'm aware the claim form is messy and not legal sounding. I had to amend the details on the same form, or else I thought I had to.

I am trying to craft a better and more professional sounding defense now, and to hit several key points, such as their unfair T&C's and that they didn't show any due care and skill in losing the parcel.

UPDATED 014MC192-claim-form-claimant-copy.pdf

Defence.pdf

Edited by mic001
changed typo of (4rd) to (3rd)

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I really can't afford legal representation, but do you think there would be a 'no win no fee' type practice I could approach about this. 

I  would be happy to pay a fee from the winnings. I don't think the potential % is high enough for these types of lawyers to be interested though.

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You need to be wary of no win no fee

they don't tell you is that if you lose then you are still liable to pick up the other party's costs.

 

Secondly, you have essential ingredients that  no lawyer will have and frankly no money can buy. 

you have self-interest and grudge.

 

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2 minutes ago, BankFodder said:

You need to be wary of no win no fee

they don't tell you is that if you lose then you are still liable to pick up the other parties costs.

 

Secondly, you have and essential ingredients but no lawyer will have and frankly with money can't buy. 

you have self-interest and grudge.

 

VERY TRUE. I am willing to go to court and represent this myself, I jst need to understand what my argument is and have the points able to come across clearly. 

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I see that they say that you declared the value at £20 per box.

You have not referred to this in your claim??


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Hi, as I remember this was the standard threshold at which you didn't need to take out their extra aid cover.

This was my first big order to a stockist, and I was using Hermes for smaller parcels and wasn't aware of their terrible reputation. Also I didn't feel I should have to pay insurance cover... trusting them to do their job properly.

Knowing as I do now, I always send via better couriers and I now have business insurance which would cover loss.  

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I think it would be very prudent to go through the delivery booking routine again and take screenshots all the way.

We need to be sure that somewhere you haven't declared a value.

If they can show that you have declared about you and I'm thinking about the £20 per boxwhich they claim is what you set the value at then you may have difficulty in suing.

On the other hand if you are confident that you did not declare any valueand they accepted the consignment on that basis, then you probably have a very good chance. 

 

 

 

 


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On 3/2/2019 at 11:58 AM, mic001 said:

I really can't afford legal representation, but do you think there would be a 'no win no fee' type practice I could approach about this. 

I  would be happy to pay a fee from the winnings. I don't think the potential % is high enough for these types of lawyers to be interested though.

I doubt it is the potential percentage alone that is the issue, but:

a) Both the cap on the maximum percentage together with the value of the claim, so that both: i) you'd not recover the full sum, and ii) the maximum the solicitor would get may not make it worth the time they'd have to expend, although (more importantly)

b) The fact this is still likely to be on the small claims track, so solicitors costs are VERY limited unless the circumstances are SO extreme the judge removes the limit on their basic fee (2 hours or so worth), which is unlikely. The whole point of small claims track is to keep things simple so a solicitor isn't mandated.

 

See below for more on 'no win, no fee'.

 

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On 3/2/2019 at 12:03 PM, BankFodder said:

You need to be wary of no win no fee

they don't tell you is that if you lose then you are still liable to pick up the other party's costs

 

BF is right that No win No fee (NWNF) isn't a good option here (see my recent post), but not for the reason BF states. This is likely to be a small claims track case, and (see above) it will be hard to find a solicitor to take it on on a 'no win, no fee' basis.

If this case was likely to be in fast track or multi-track, then NWNF could be an option. BF is wrong about the warning and risks  of costs with a Conditional Fee Agreement (CFA) though.

A solicitor NOT discussing the implications of winning (and the 'success fee' that came with it), or costs implications of losing would be almost unheard of: it would be a professional obligation under 'client care'.

 

Along with that, the CFA should include 'self-insuring' After the Event (ATE) insurance. This insurance insures against costs if you lose. If you win, you don't get to recover the ATE premium, it has to be paid (and comes out of the judgment award). If you lose you don't have to pay costs (and you don't have to pay the ATE insurance premium...., it is covered by the insurance, hence 'self-insuring').

 

So, if you can find a solicitor who is happy to take the case on on a CFA basis, you won't have to pay the other sides costs if you lose*.

 

* : provided you haven't misled your solicitor when they did the 'risk assessment' for the insurance, comply with their advice, and  are truthful and honest during your claim.

 

OP, the declaring each package to be worth at most £20 may prove to be a major sticking point for you.

Edited by BazzaS

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Hi all

I've just looked through my order emails and gone through the booking process again, and I think you're right that I stupidly declared it as £20 value, rather than declaring the full value and just not taking the extra cover.

The cover only seems to go up to £300 max anyhow.

I can't believe I didn't check this before!

Do you think my case would be thrown out then... They did still lose my parcels though, is that worth anything or have I shot myself in the foot with the £20 declaration.

*facepalm* 

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I'm afraid that this reduces my level of confidence to very much a 50/50 chance of success and maybe slightly better odds in their favour.

as you may have read in other threads, the principle that you should insure them for their possible breach of contract is abhorrent to me.

however when parties decide to enter into a contract I think that they are entitled to understand exactly what the basis of that contract is including the level of any risk that they undertake.

by effectively misleading them as to the value of the item, you have not allowed them to calculate their level of risk and whether or not they want to enter into the contractual obligation with you.

I'm afraid I think that you are on very thin ice and you should certainly calculate the risk in respect of the expenses that you would lose and also the reasonable expenses incurred by the other side in defending the claim.

this would not extend to their legal costs because it is a small claim but it would extend to their reasonable cost of travel. This might not be very much but you certainly have to factor it all in.

 

The declared value is likely to be the limit of what you can recover.

 

 

 

 

 


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That certainly makes sense and thank you very much for explaining it so succinctly. 

A stupid error from me and I think I’ll have to drop the case and take it as a massive learning experience. 

I’ve learnt a lot since then, and even more from this forum. I wish I had found it sooner. You legal minds are giving us noobs very valuable advice.

Thank you to all the contributers to this post... hope it helps someone else too!

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If yopu insure something for £100 and it is worth £1000 your insurer will pay out the £100. Now with the parcel you have basically accepted that any insured risk is only worth £20 but that doesnt limit your claim to that as they have lost the parcel so it is your consequesntial loss that really counts. Were the items business stock? If so that changes the contract form purely a consumer contract to a B2B one. Now they may argue that they werent aware you were a business and wouldnt have offered you those terms if they knew you were. So you gain some and you lose some.

The fact they were liquirds wont affect the outcome, they lost it not broke it.

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Hey ericsbrother, thank you for your voice on this matter.

Yes it was business stock, from what I have learnt that doesn’t garner the same rights as if it were a private customer :( 

Now I have dropped the case do you think I can still claim for the loss of the parcels? 

And in that case, are you saying that they only have to pay me out £20 for each parcel? In that case I really can’t be bothered dealing with them all anymore.

I can only wish they’ll have terrible sex and constant stubbed toes all through life haha

 

I wonder if going to the Police might be of any use? I mean they stole / lost my parcels?

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You should certainly claim for the declared amount. Why let it go?


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It’s just been such a nightmare, I don’t know if more fighting is worth the £60 (if it indeed would only be £20 each parcel lost)!

I’ve been through the whole system, they’ve offered me their paltry £20 and I turned it down because I was going through the small claims track... so even if I am still eligible it’s a bit soul destroying!

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then you just write to them and say you accept the £20 per parcel. As it never got to court yu can do this. You should ahve accepted this before dropping the claim. that is somehting you omitted from your postings here and if you had told us the full story you would have got more precise advice.

Go to the police? what about? would you go to the police if they dropped it and broke it?

i suggest that you start to understand the minefield that running a business is and satrt accounting for these mishaps in your profit and loss accounts and adjust your prices accordingly. If a shipment is worth £100 then use RM instead of this lot. You need to check out all the prices, sizes etc so yu know from the outset what it will cost when yu get an order. You may need to adjust your prices to lessen teh load of increased postage, peopel will apy a bit more for the goods rather thnn pay the same grand total with a high postage cost

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Hi thanks for your input.

I think I wrote this was my first big order a while ago now and I have learnt a lot since then. The first time I used Hermes so understandably had no idea about the minefield of couriers and insurance and how terrible different couriers are.

I've changed many things since then, from using different logistics to stronger terms, to business insurance... so I'm all good now and I understand running my business, thanks.

Police I mention because they lost/presumably stole for the grey market 3 parcels of my property. Is that so outrageous a thought? I don't think so. But I also can't be bothered with it all, it's a headache I want to put behind me.

I didn't intentionally omit anything, more that I wasn't aware of information that may be important until asked.

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you cant presume "they" stole anything. It is just as likely the courier left it with a neighbour who promptly binned it. You have no proof of anything so dont make accusations you have no evidence for, it will get you into trouble should you decide you want to use the courts in the future.

Now you write this off againt your income as a necessary expenditure at the value of what the goods cost you (plus packaging post ectc).

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