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    • Hi All, I have received a parking ticket as RK (thats registered keeper right?) for overstaying by 16 mins in a well known wholesalers car park in Liverpool. I read some very confusing (and sometimes contradictory information on several sites) on how to deal with this. I followed the instructions to firstly challenge the validity of their claim. I wrote to them (no response) and emailed them. I had to guess at the email address becuase they provide only the registered office address or a 'claim line', which if i had contacted them on that, would have been agreeing to their idea of us having a contract in the first place (right?). So i eventually got the admin email and sent it there, stating that i had already written to them with no response. I got a response saying that they do not respond to correspondence at that address and i should either write to them (already did) or contact via the appeals line or appeals email (again with the acknowledgement that its an appeal i need, rather than straight up confirmation). I asked in at the wholesalers customer/ member services in store about the car park ownership and they informed me it was a consistent problem and they didnt know the owner. I have contacted the head office in Herts for the information. (Customer services/ member services/ online services & complaints) for the information regarding ownership of carpark and the contract of agreement between them and the CE parking management with no luck. I received no further correspondence and therefore assumed that they had dropped their spurious claims. They acknowledged my letter with: "Response from representation team -  We refer to your recent correspondance. We accept for you to pay the original reduced sum of £100. The Parking Charge Notice has been passed to a debt recovery agenct. All further enquiries, including payments, must be directed to them. Please follow the instruction on the correspondence you have received." I received nothing else until I receive a Northampton county court business service court claim. The amount is now in the hundreds (£274). I have acknowledged and sent back the form with nothing else written on it. So now i have another week or so to mount my defence. I dont know anyone who speaks 'legalese' and frankly its giving me sleepless nights. Incidentally, at the time of the alleged 'contravention' there was a bout of sudden severe weather which was 'waited out' inside the wholesalers porch by several members and their children because the soft furnishings and electricals (for example) bought in store would have been destroyed by the downpour. Further investigation into the owner of the Civil Enforcement ltd has shown me that they are owned by CCP parking, who are in turn owned by Qa Nominees and are owned by people exposed in the Panama Papers scandal. I am feeling like im a tiny part of a very big scam here, one that DVLA are profiting from. Under advisement, I have written a complaint to the wholesalers complaining about being treated so shoddily as a member. Under advisement, I have also written to CE ltd requesting a Subject Access Request. But I really dont understand the process or what steps to take now.
    • Hi Anney,   When you get the SAR, can you give us some more detailed info info like loan amount, date taken out, last pay't made, balance remaining,.
    • Also what reason do Vodafone give for the sudden increase in the bill In Jan 16? Why no ETFs in that note there?   I don't think you are getting the whole picture.
    • Just out of interest, did Ryanair’s solicitors mention the bird strike ruling in their defence?   Also, were they claiming £350 as the cost of the defence?   Regards.
    • Am I missing something here? You took a new contract in Jan 16 from the DSAR... It should continue on the original number?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
      • 33 replies

Packlink/Hermes lost ebay parcel - **Settled**


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Thanks. If you don't hear anything by next week I'd suggest that you give them a ring to see what's going on.

The court staff are very decent but they are not massively efficient and they are hopelessly under resourced. It's not unknown for things to go awry – not be sent out et cetera. You don't want to find that a date has been allocated and you don't know about it

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Sorry I was away so wasn't able to mention here but I have received an Acknowledgement of service and they have chosen to defend all of the claim. They have now have 28 days to file a response.

I think that now you have had a pretty clear explanation of the mediation process and in particular, the apparent approach by the mediator, you are in an excellent position to press your case home.

Good.....so now your waiting on the n157 Notice of Allocation..this allocates the claim to track and gives you the courts directions on what you and the defendant must prepare next and by when.It will

Try logging into your account on MCOL and check the status of the claim ...see if its been allocated out of Northampton.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Updates ?   what was the last entry ?   

 

Directions Questionnaires sent out ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Good.....so now your waiting on the n157 Notice of Allocation..this allocates the claim to track and gives you the courts directions on what you and the defendant must prepare next and by when.It will also give the date of the hearing and when you must pay the hearing fee by.

 

Andy

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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  • 3 weeks later...

Hi, just to give an update - I reached out to Hermes to settle this for what they offered at the mediation process (£300 + postage costs). I sent Hermes a letter and got a reply via email that they are willing to still agree to settle for this amount and they have now transferred the money directly into my bank account.

 

Apologies BankFodder, I know who would have liked this to go to court and see Hermes lose but I was just a bit fed up of waiting. I was told the court hearing date could have been a long while still due to backlog caused by the pandemic and I just wanted to close this matter and move on. The settlement amount is not too far off the actual item costs so rather than risk losing it all (probably more with the additional court fees) I am fine to settle at this amount.

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Well done. And don't worry about the apologies. This site exists firstly to help the individuals who come to us – and only secondarily to give the companies who try to rip them off a good slap.

Thanks very much indeed for updating us.

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  • BankFodder changed the title to Packlink/Hermes lost ebay parcel - **Settled**

Great post OP and fantastic advice by Bankfodder throughout the entire process. 

Glad to hear  you got some of your money back. I'm in a similar situation but with DPD where my parcel has gone awol and 

DPD not taking any responsibility. I'll be 100% referring back to this thread in future. 

 

👍

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