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    • Understood the letter is signed.  Still not a contract though.   Insist on double dipping.  Firstly, judges often "hone in" on one part of the WS in particular to try to get the case over quickly, so you need to chuck in the kitchen sink to give the judge various chances to hoy the case out.  Secondly, the judge's decision will be based on the balance of probabilities, and if you come across as a honest witness the judge may well think you probably moved your vehicle (especially when the opposition are complete crooks who hide their charges in the tiniest of tiny writing on signs too small to be read).
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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
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What is a dealers legal responsibility.....


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Hi.

Just wondering if anyone can confirm what a dealerships legal responsibilities are regarding the cars they've taken in part exchange?

 

Basically a local dealer has taken to parking over 10 cars, which are all untaxed and some no MOT, on a narrow no through road which leads to a very large and busy school.

Its been going on for a few weeks now and causing huge congestion problems at school run time as cars are unable to pass to and from the school.

 

Want to confront them but obviously would like to know how the law stands first

Thanks

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Well clearly their liabilities the same as any other citizen. The car can only be kept on the road if it is properly taxed, MOT'd and insured.

You should take photographs of all of them and start reporting them to the police and to the DVLA. Maybe you should try and enlist the help of the school as well as the local authority.

Who is the dealer?

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I'm surprised he keeps the car there with all the kids on microscooters and bikes and mums with chained handbags scratching everything in their path.

Unless he's one of the scrap dealers dressed up as a car dealer, the same ones we hear about here on cag.

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you need to check that the road is a public highway and report to the council and police.

wouldnt it be terrible if a kid scratched the lot of them one evening if it is an unadopted road

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On 17/07/2019 at 19:10, BankFodder said:

Well clearly their liabilities the same as any other citizen. The car can only be kept on the road if it is properly taxed, MOT'd and insured.

You should take photographs of all of them and start reporting them to the police and to the DVLA. Maybe you should try and enlist the help of the school as well as the local authority.

Who is the dealer?

Its Ken Brown Motors who are a big Kia dealer.

 

Photos have been taken and I've reported a few to the DVLA and also the local council as abandoned vehicles as some have been there a few weeks now

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1 hour ago, ericsbrother said:

you need to check that the road is a public highway and report to the council and police.

wouldnt it be terrible if a kid scratched the lot of them one evening if it is an unadopted road

 

It is a public highway. 

TBH I don't think they'd care about any damage as I'm assuming they've been taken in part exchange so the dealers already got what they want out of them

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