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By Andy711351 · Posted
Hello All I will outline the my case here but I emphasise that it has reached the hearing stage etc... and a date has been set Unfortunately, I had asked the advice of a private company , which may be known to many, who deals with parking appeals, pay them £20 for them to disappear and thats why Ive reached this stage. They did write a template defense for me after so many emails but am unable to contact them so have to deal with this myself. Case: I had parked on a multicar park at a large shopping ( i dont want to name it as dont want to be identified) almost 2 years ago. The parking company (XXXXXk) , using ANRP sent me the usual NTK asking for the fee of £90. I did not appeal at the time. I contacted the appealing company who apparently , just for £20 would be willing to assist me. They said if it does to court then they will need another fee which I agreed to. Reason for alleged contravention- overstaying more than 4 hours ( they allege it was a few hours more) with an entry and exit time on the ANPR photos The case went to one of the debt recovery firms. who added another 50 to the 'alleged fine' .etc. The parking company did all the usual, and eventually I received a Claim form from the CCBC. This was acknowledged. I replied with a 35 paragraph defense drafted by the ' appealing parking company' . This was emailed to the court email address CCBCAQ@Justice.gov.uk The parking company decided to proceed with small claims court ( 100 'fine', 50 damages, + court fees/interest/legal fees). Their legal team has now emailed me the bundle they have sent to the hearing court in my city. Within the bundle, is included a copy of the notice of allocation to small claims track ( hearing). The date of this was before Christmas. The notice gives a date and time of the hearing I never received this by post. I have only found out because the bundle that the claimant has sent me has a copy of it. In the notice of allocation it states that by 18th January defendant must send to the court and claimant copies of all documents he intends to rely on. By 1st Feb, claimant and defendant must send to the court and each other their witness statement that they will rely on in the final hearing . Before going into the actual substance of the defense, I have some questions about this forms 1. I havent received a copy of the notice of allocation by the post. My post is redirected to a relative and they assure me they havent received it. I only found out today about it, as part of the bundle that the claimant emailed me. This leaves me with really no realistic chance of responding by the deadline of 18th Jan. Any advice. Again I reiterate that because of covid and mail redirection, that is very likely to be the cause of my relative yet not receiving this document by post. Furthermore , in the defense that had been submitted previously, it was made clear that according to the CPR PD6, I give no consent to being served by electronic means yet the legal team of the claimant has emailed me the documents. 2. I had already filed a defense previously as drafted by the appealing private company , so Im not sure whether i need to file another witness statement again, albeit this would be to the local court to which the hearing has been allocated to. Would the initial defense submitted at an earlier not be the same ? or do I now have a chance of writing a new one because the claimant has now filed their witness statement and all their evidence so I can be more specific in tis defense. Before really divulging in the details can I please have some constructive comments/advice as to whether I need to submit a new defense , and whether the one summitted earlier to the Northampton courts would have now reached the local court where the hearing woill occur. Also, where do I stand with the deadline of next Monday which i wont meet given that I wasnt aware of this at all neither by electronic mail notification or redirected post. Thankyou -
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i can't see one.. nearly all the irresponsible lending advice/guides i've seen and the letter they sent back would have told you what to do going forward, i'e the FOS... so i can't see how you can say you didn't know what to do.
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ASG are a terrible company regardless, but no i don't think you have any recourse toward them no unless yo can prove fault with the boiler which is now 10yrs ols and well outside any guarantee i expect, even with the manufacturer? has the boiler been regularly serviced etc etc, looks like your contacted ASG after it started leaking and they advised a power flush for a leak? then an eng said that was what has caused it? can you clarify your story please
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By Melissa2574 · Posted
Home repossessions are extended until end of April but the ban on vehicle repossessions ends on 31st January.
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Our picks
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON**
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!
Picked By
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- 1 reply
Picked By
BankFodder, -
Natwest Bank Transfer Fraud Call HMRC Please help
waz70 posted a topic in NatWest Bank,
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
Picked By
waz70, -
Hermes lost parcel. **WON**
murraynt posted a topic in Postal and Delivery Services,
Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/- 49 replies
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