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Many thanks @lookinforinfo; I've contacted DVLA requesting who has accessed my info but thinking a more 'robust' letter along the lines you recommend might be order of the day tomorrow. Much appreciated. Double thanks @FTMDave; TRULY appreciate your work on our behalf. thanks for the above adapted and, yeah, lessons learned eh! I've uploaded all the paperwork that seems relevant. I've only uploaded 1 copy of the 'Final Notice of Debt Recovery' (dated 01 October 2020) Letters (there were 3)- they're all the same. I've also not included the County Court Claim form. I just want to check; is their 'Final Notice of Debt Recovery' (dated 01 October 2020) the 'Letter Before Action'? If not then we've never received the LBA. To Note; I've literally only just noticed this but.... DCBL paper work, on both 'Notice of Debt Recovery' (dated 12 August 2020) and 'Final Reminder' (dated 04 September 2020), it is stated 'Date of Contravention: 06/06/2017' - 'Reason for Contravention: 86) Parked Beyond The Bay Markings' . This is incorrect, as this contravention was an ANPR charge. Wonder how that tips into their argument? Just curious. Of greater relevance; You might notice on all three VCN's 'Notice of Intended Court Proceedings' (dated, 2 x 29/08/2017 & 04/09/2017) that it states, in bold, near the bottom of the page 'The creditor is: Vehicle Services Limited.' Am I correct in my understanding that legally, only Excel can call themselves Creditor as it's Excel who have the lease agreement with the landowner. Not quite sure if I mentioned this but I have accessed a copy of the land registry document which provides details confirming that the landowner has leased the land to Excel Parking. By coincidence, I was working with a client today (3rd year law student!) who's recently been studying contract law and noted that 'even though the companies may be linked by people, and might claim to be sister companies, they are in fact separate legal entities. Check who has accessed your information through DVLA because there may well be a GDPR issue due to who holds the contract with the landowner.') DEFINATELY considering sending Simes a letter (CHEERS @dx100uk) as you say FTMDave, it's just a stamp. Wonder if he's got some poor, under living wage lackey filtering this kind of correspondence down in Sheffield? THank you all so much for all your encouragement and support- it no longer feels like we're alone in this. Lost lots of sleep but stated to sleep like a babby again. Onwards and Upwards. VCN EXCEL Smyth Street Wakefield 2017-2021.compressed.pdf
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thats why we rename threads...name and shame!!!!
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By Wealthy Child · Posted
Hello I received Notice to owner for Excess speed;, 59 on 50 local traffic. I was not the driver, I was shielding during the 1st corona virus lockdown in May 2020. I needed support on shopping for essential, food, medication etc and people helped, sometimes using my car because I was advised to stay at home as per NHS guidelines. I promptly responded , confirming that I was NOT the driver, completed the driver's name, address and returned. About 5 weeks later, I received another Notice to review the details I sent previously, I confirmed again the driver’s name, address but could not complete parts of date of birth , driver’s license or insurance, as I don't know it. The next thing I rcvd was a Single Procedural Notice, stating no trace of nominee and I was charged with 2 offences; Excess speed and Failure to provide driver’s details.. I was asked to submit plea by post or online. I pleaded Not guilty to both charges by post stating reasons and that I made efforts to locate the driver, went to his address which is a multi occupational flats and was told he was ill and had moved. I went to the address given but no one opened d door. I did all I could reasonably do, to locate the driver . Been summoned to attend Magistrates court in February for Trial. I requested for all evidence relating to my case, and was sent a pre-trial pack. I noticed a paragraph "The defendant plea, she is not guilty of the the driving offence as she was not driving at time of offence. Therefore the original offence of excess speed is no longer applicable in this case " So my questions are as follows: Does the above statement mean I will no longer be charged with excess speed? .How can I proceed on the Failure to provide driver’s details,? I diligently made efforts but no luck, especially during this unprecedented times What is my best course of action now?. I cannot afford a Solicitor. What's the worst that can happen.? I have a clean licence. Please advise me. Been having sleepless nights . Thank you. -
SAR, then small claims court instead of ET - will be faster.
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I may of said to him that I shall be reporting him to every car site hes on for doing what hes done to me .. I cant find him on fb been looking for ages. Wonder if he's reading this thread , when you Google James harrison cars this shows on the first Google page ... I will let you know how it goes with trading standards . A huge lesson has been learnt from all this
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Our picks
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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!
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, -
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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
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