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By Man in the middle · Posted
She needs to establish whether her SD has been accepted. In normal times they can only be done in person (either before a court or a solicitor) but at present they are taking them over the phone. The £811 fines would not be for speeding. They would have been for "failing to provide driver's details" (FtP) contrary to S172 of the RTA. This offence carries a fine of 1.5 times a week's net income, with £440 per week being used as a default figure. So £660 fine, £66 "Victim Surcharge" and £85 costs = £811. The offences also carry six points each. She could not have been convicted of speeding as they have no evidence that she was driving. She can check this out online by examining her driving record. She should see two "MS90" endorsements together with a "TT99" endorsement for the totting up disqualification. The offences should be resurrected and hopefully she will be charged with both speeding and FtP. She can then negotiate a deal where she pleads guilty to speeding but only if the FtP charge is dropped. However, from what you say I gather she already has six points, so 2x3 for speeding will still see her face a six month ban under the "totting up" rules. To avoid this she will have to attend court and present an "exceptional hardship" argument. She will have to show the exceptional hardship (that is, hardship over and above what anybody would normally suffer if banned) will follow for her or others. Will she be able to do that? In the meantime she must not drive until the court has informed the DVLA that her convictions and disqualification have been set aside (again she can check this on line) and the disqualification lifted from her record. What were the dates of her earlier offences (the offence dates, not conviction dates)? -
By onestressedwoman · Posted
7.5 well sent 2nd class and she as not received it - by dates the final date is the 20th March am I correct ? Date of delivery here was 7th March -
Just for a future paper trail: a final final demand 😉 Final Final Demand 2.pdf Final Final Demand 1.pdf -
yes but ofcourse 24hrs or less is a bit quick when most people are busy 9-5 working have patience..we've a good bit of time before you have to submit things.. -
direct access- fixed fee for hearing and preperation for one day hearing dictated by case managment payable in advance
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Our picks
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347-
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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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BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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BankFodder, -
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