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    • The CMA has today published further detail on its views on the law in relation to cancellations and refunds during the pandemic. View the full article
    • Thanks for the company information. Still waiting for the quotation to be posted up. I'm not sure what the problem is or why there should be delay.   It's very concerning that this person has had the money paid directly into his wife's account. I wonder if the tax people know.  
    • It's going to be fairly straightforward. You are going to have sent a letter of claim – which won't have any effect but it will satisfy the pre-action protocol and then you will have to issue a small claim in the County Court. After that, they will probably push you to pay the application fee so that there is a hearing. They will do this to test your resolve. You should realise that Hermes will spend more money on trying to defeat you than the value of the claim. This is why they are bullies. You will be offered mediation – although previously I've tried to discourage this, there seems to be a new climate this kind of thing and so you should probably agree to mediation. Hermes will see this as an opportunity to try and knock you down from your claim and to settle without getting a judgement against them. You should be aware that Hermes are very anxious to avoid a judgement on such questions as the validity of their insurance and their liability for lost parcels – and also to expose this false claim that they are not liable and that it is Packlink. I hope you are now familiar with the main principles of the Contracts (Rights of Third Parties) Act 1999 and that you understand that the liability is with Hermes. You should also understand that when you go into mediation, you have the whip hand because Hermes absolutely do not want to have their position tested in court and to find a judgement against them for a case of such little value. For this reason it will be completely unnecessary to give into them and you should make it clear to the mediator – who will pass this onto Hermes – that you will settle for not a Penny less than the value of your claim and that if Hermes insist, you are happy to go to court where you will obtain a judgement against them which will expose them and you will then make sure that the judgement is widely published over social media. This is your leverage against them. Of course, we would be happier if it went to court and there was a judgement because then we could start to dismantle this Hermes scam – but your interest will be served simply by getting your money as quickly as possible without the hassle of a court hearing. Before we go on though, I'm very curious about the parcel shop. You say that you got a parcel shop ticket. Please could you post it up here in PDF format. I think that we are now seeing Hermes going to new depths of claim denial because they are now saying that although you went to a Hermes shop at and obtained a Hermes tracking receipt, and even though you had insurance, they still deny liability and they still say that your argument is with Packlink. This is really quite amazing and it certainly seems fairly clear to me that by requiring you to go to Hermes parcel shop, they have effectively taken Packlink out of the equation anyway. Frankly I don't understand why you went along with Packlink and then went on to deal directly with Hermes at one of the parcel shops. I don't quite understand this chain of dealing. You been advised by somebody else here to contact them by email. By all means do it if you want – but I will be amazed if it comes to anything. I think that you're much better off sending a letter of claim to Hermes – and also if you want send a copy to the email you've been given above so that the person whose name, I presume, is eoin.kennell will understand that you have just set out your stall and that there is a deadline in place and they understand the consequences of ignoring you. Only send the letter of claim if you are prepared to go through with your threats. Given 14 days and then on day 15 click of the claim. In the intervening period make sure that you understand the steps in taking a County Court claim. Register with the MoneyClaim online website and start drafting your claim. You can save your work as you go. Post a draft of the particulars of claim you're going to use here so that we can check it. You don't need to say very much. It does need to be in any formal language. Keep it very short. Give you a basic. Give them a few details as possible – simply doubt the very basic facts of your claim. Post it here and we will see. Hermes is turning into a disreputable company which uses disreputable means to deprive their legitimate customers of legitimate compensation for their parcels which have been lost as a result of Hermes huge inefficiency. It's a real shame that there aren't some regulatory authorities to take them in hand. They deserve a substantial fine
    • Yup! you've guessed it right dx. it'll be done today... 1st class stamp and free proof of postage it is. Merci beaucoup.  
    • Includes eligibility, appeals, tax credits and Universal Credit View the full article
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
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Notice of intended Prosecution


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Just a very quick Question on the 14 day rule, The alleged offence took place on 21/05/19 going through lights as changed to red ? Not going to dispute, was going to just accept a What's driving us scheme work shop, however maybe the 14 day rule applies here, 21/05/19 alleged offence, Notice issue 04/06/19 which is 14 days after alleged offence, received notice today 06/06/19 which now totals 16 days from alleged offence ? Thoughts please, reply accepting scheme or dispute under 14 day rule. Many thanks 

Edited by shywazz

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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AIUI, only the first NIP is subject to any 14 day rule, and that's the one that will go to the Registered Keeper* as held by the DVLA.

 

Are you the Registered Keeper on the V5C document, or is it perhaps a company car or lease car (or somebody else is registered keeper)?

 

Go and check the V5C - don't just assume it's you.

 

*  Note that the Registered Keeper may not necessarily be the owner of the car.

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Are you the Registered Keeper of the vehicle (i.e. do you hold the V5C?). Are all the details on it correct? Have you recently bought the vehicle or changed address?

 

The dates that you quote make it likely that the first NIP (the only one subject to the 14 day rule) went to somebody else who nominated you as the driver. 

 

The comparison with Mr Beckham is not quite appropriate. In his case it was indeed the first NIP that was deemed served late but it went to Bentley Motors (the Registered Keeper) not him.

 

As an aside, it is unlikely that you have seen action taken against you for crossing the stop line as the lights changed to red. Red light cameras only operate if any part of the vehicle crosses the line after the red light comes on. Your NIP should show how long "into the red" it was when you crossed the line. 

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Hi. And thanks for the replies. It's correct that I own the car. And indeed only I drive it. I will not be disputing the offence. This is indeed the 1st notice about this offence. Not been sent to other persons. Since the notice was dated on the 14th day after the offence took place. And 2 days for delivery. Total 16 days does this fall foul of the 14 day dead line rule. If so I will dispute for this reason. Otherwise I will just accept the offer of the driver awareness scheme. To prevent fine and points. Cheers 

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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Are you the Registered Keeper on the V5C?  That's what's important regarding the NIP being served in time.

 

As I noted above, being "the owner" does not necessarily mean you are also the Registered Keeper.

 

Is it your name and current address on the V5C as Registered Keeper?  If it is, then you may have a defence to the red light charge because the NIP was not served in time.

 

But you still have to comply with any s.172 request to name the driver.  If you don't this is a separate offence to the red light, and will cause you much more grief.  (That's assuming no time limit applies to the 172 request...I'm not sure).

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Hi. Yes all documentation regarding motor car in my name. Cheers 

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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No, no time limit applies to a S172 request.

 

If you are absolutely certain that:

 

1. You are the Registered Keeper of the vehicle (forget about ownership) and

2. That the V5C shows you as such and that the details are all correct in every detail (get it out and check it) and

3. That the "docref" date on the bottom is a good bit before the date of the alleged offence

 

then you may have a cast iron defence in that the NIP was served late and a prosecution cannot succeed. However, you need to make absolutely certain of all those facts. A good strategy might be to include a letter when you send your S172 response (which, as has been explained, you must do regardless of any issues with the late NIP) asking why the NIP was served "out of time". They may (a) explain the reason, (b) drop the matter out of "embarrassment" or (c) make you an offer of a course or Fixed Penalty.

 

The peril you must be aware of is that if there is a valid reason for the late NIP (which you don't discover) and you take the matter to court the chance of a course or Fixed Penalty will, by then be lost. If convicted you will then be sentenced in accordance with the Sentencing Guidelines and you will face prosecution costs which will be between £250 and £620.

Edited by Man in the middle
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Hi. Yep everything in my name. Had car from new and same address for 10 years.. 

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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Sorry, I probably seem a bit over-pedantic about this, but a lot of people come a cropper because they thought that they were the RK on the V5C, but don't actually check it.

 

The only document that is important is the V5C.  Does "all documentation" and "everything" include the V5C?  Have you got the V5C and have you checked it to make sure?  (It's just that you haven't actually confirmed this unequivocally.  Without knowing, it's impossible to say if you may have a viable defence.  eg when people change address they often think they've notified DVLA by getting their driving licence changed, but forget to change the V5C as well. )

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Hi. Yes V5C is in my name. Cheers 

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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Well, if you own the car and if you are recorded as Registered Keeper on the V5C (and your address is correct) and the NIP is outside* 14 days, then it looks as if you may have a defence.  But if you have received a s.172 request to name the driver, you still must do this within the timescales, otherwise you are committing a "worse" offence.

 

* I can never remember if the 14 days relates to date of issue or date of service, and also can't remember if the date of the offence counts as day 0 or day 1.  Also, AIUI, it's very unusual these days for the first NIP to be issued late.  Are you sure this is the first one?

 

Hopefully Man in the middle or someone else can give you more reliable advice than I can!

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