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    • So they had the information before they sent off the defence saying that they didn't have the information. I suppose they will say that this was an invoice and not an inspection. I suggest that you write them a quick note and send them a copy of the invoice – and say that this is a copy of the information which was already provided to them before they file their defence and you will be referring to it during the mediation. Do that straightway by email if you can. Also, have you got anything from the garage which refitted the turbo which states that it had been incorrectly fitted? Also, have we asked you the name of the garage you are suing?
    • Yes they asked me for the invoice of the repair. I sent it to them immediately, and I also said I don't want to have a huge row about it, if you can just pay for the repair (approx £180) I'll leave it there .     I had to chase again after a while of being patient then I was told to contact head office to see if I could have my money.   It was at that point I decided to take action as I was fed up with it, and that they should be helping me not faffing me around. I hope that this decision doesn't come back to haunt me
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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
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Statutory Declaration - plead guilty or not guilty?


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Hi, 

I've had a read of a few similar issues on here, but I'm not quite sure what to do in my situation. 

 

I was caught speeding in Oct 19. 

The registered keeper received the NIP shortly afterwards, and sent it back stating that it was me driving.

I then received the letter asking me to confirm this - which I returned in November 19.

I heard absolutely nothing then until this August, when I had a Further Steps Notice (that I owed £452)

 

On speaking to the collections dept and the Court, it seems all correspondence after the letter I returned had been sent to the wrong address (same road that I live on but different house number) I had no idea of any speed awareness course dates / court dates / anything.

I've been fined & given points in my absence. 

 

I was asked to complete a Statutory Declaration, which I did.

They've now asked if I'm pleading guilty or not guilty to the offence. 

 

I'd already confirmed I was the driver, but was expecting to be able to attend a speed awareness course and not have penalty points. 

If I plead guilty would they be likely to leave the penalty points in situ?

 

How am I best approaching this?

It seems unfair to receive points for what amounts to an error on their part (wrong entry of an address?)

I'd still like the option of a speed awareness course. 

But am I right that I shouldn't plead not guilty as I am guilty of the speeding offence? 

 

Any help would be great please! 

 

Thanks

 

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IN my opinion please guilty and ask to be sentenced at the Fixed Penalty equivalent, in line with the guidelines ...

 

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where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances. 

 

 

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