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    • I have a question please about Planning permission   Is it the managing company , in this case Intu management limited which mages the Merry Hill centre that needs to apply for permission to erect the parking signages and ANPR or is it the parking company Bank Park which has to apply to the planning and town authorities   In effect, should it be specifically  the PPC who applies for these kind of permissions from the relevant authorities?
    • Thankyou Dx100    Your awesome    'and all those are within that merry hill complex great no need for anything more then.'     My Reply:    All these transactions belong to retailers who trade at Merry  Hill. Hand on heart, the bank statement doesnt specify for every transaction if its the branch at Merry Hill or not. The Nandos transaction does specify Merry Hill on the bank statement, but MacDonalds, BM , Costa..etc transactions on my bank stateeent dont specifically show whether  it was at the branches located at merry Hill or not       'so i cant see anywhere on their signs that says max 4hrs, other than in their WS but we'll assume it must be'   My Reply:     The only signage with the 4 hour overstay period is on page 15 of Exhibit 2 of the claimant WS, so there is one out of the 8 signages showing that 4 hour limit       ' so... if you were to plot where each shop is using their signs map i bet several are no where near C3 so you must have driven around'     My Reply:    totally agree although need a magnifying glass to read their map lol         'might prove to the judge you have obviously now done your homework!! rather than following crap on the internet '   My Reply:    But I actually haven't followed anything on the internet. This was all written based on my logical deduction. For example, I think I am reasonable in stating in my WS that the Claimant has just supplied at least 8 signages and this appears more like a widely used template for this site that they use rather than specifically just supplying the signage in relation to the contravention ie the 4 hour maximum overstay. Is it not reasonable to state in the defence WS that the Defendant finds this confusing as he is not sure to which of the 8 signages the claimant is referring to, especially where some of them dont have a maximum time period on them    
    • and also please complete this we don't know any details other than CP+   Received a Court Claim From A Private parking Speculative invoice?? - How To Deal With It HERE***Updated Aug 2016*** - Private Land Parking Enforcement - Consumer Action Group
    • and BC are not aware you have now written proof of termination?
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Hello all

 

The misadventures of my sister in law have appeared elsewhere in these forums and here is another unfortunate story but one that has some useful stuff for other CAGers.

 

My sister in Law was selling a high value business item on Ebay and withdrew the sale. I am not aware of the exact circumstances but Ebay charged her a Final Value fee even though it was not sold via Ebay.

 

However, ON THE PHONE they said that if she re-listed the item on E-bay they would credit her the fee so she did. Subsequent follow up with Ebay lead to them denying anything was ever said and subsequently they put her account out to Debt Collectors.

 

To resolve the situation I thought it was necessary to find out exactly what they did say so I found a UK address for Ebay and sent them the standard SAR letter as found on these pages (obviously adapted for Ebay and her account details). This address WORKS for Ebay and is as follows:

 

Ebay (UK) Ltd

Hotham House,

1 Heron Square,

Richmond,

Surrey

TW9 1EJ

 

At around day 25 (rather late in the day) Ebay responded asking for more ID and I advised my Sister in Law to send passport and or driver licence data which she did even though I suspect that the provision of her name, address and Ebay username in the original request should have been sufficient.

 

About a week after the thirty days had expired she received two emails, one being a secured ZIP file containing her data and the other being the Password to extract the data.

 

I was able to extract the data and it is indeed a data dump from Ebay.

 

However, it does not contain any audio files. Records of phone calls are shown but the audio files are not provided.

 

I conclude that either Ebay is not retaining any recordings it makes or they have failed to provide the data.

 

If it is the latter then that is a second contravention of the Data Protection rules (the first being late provision of the data dump).

 

I believe the next move is to write to Ebay to advise them that they are in breach due to late delivery of the data and to ask them to confirm in writing that they do not hold any phone recordings, or if they do then to further advise them that they are in breach for not having provided them.    Probably a copy to the Data Commissioner would not go amiss either.

 

This post is for CAG member's interest to put on record here that UK Ebayers can write to the above address with a SAR and get a response. Also I welcome any comments and suggestions regarding the next move.

 

 

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well ebay nor any debt collector can actually do anything

so one wonders if its worth you doing anything more??

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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Thanks DX100uk

 

Her account is still in use as she has paid the fee (several hundred pounds).  I want to get to the bottom of what Ebay said and get them to refund the fee if they did say so as she relisted incurring further fees on their advice.

 

I personally also think Ebay is too strong for its own good and I know of a lot of people who have come up against ebay and been unfairly treated.

 

I believe Ebay has broken the law by failing to provide the call recordings and this is leading to an inability to get proof( or otherwise) that they encouraged my Sister in Law to commit further expenses on the promise of a refund.

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do you know the recordings exist? many companies say that calls may be recorded but dont so so, they just want you to think that what you say is evidential if you abuse them.

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14 minutes ago, ericsbrother said:

do you know the recordings exist? many companies say that calls may be recorded but dont so so, they just want you to think that what you say is evidential if you abuse them.

I have no idea if the calls exist.

 

If I was to take a guess then I would say they do exist as the tech to do so is very easy, but I really don't know.

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