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    • They've estimated 10 years to agree a trade deal haven't they, UB? I think the Tories believed Trump when he said the UK would be at the front of the queue and have a quick trade deal and thought it would look good as an announcement after Brexit happened. It didn't dawn on them until quite late on that Donald might lose the election.   Why they ever thought US negotiators would do any favours is beyond me and now you see how other countries have asserted themselves over trade deals, the Tories global ambitions are starting to look naive.
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    • Hi thanks so much for the update and all the information. I will get my reading glasses on and look at the claim info and court info.  I agree let’s proceed issuing a letter straight away.  I am happy to stump the fees for court and am confident we will win.  The police officer I have dealt with has secured further CCTV evidence which I will ask a solicitor friend to get hold of from the Hermes parcel shop should we need any further evidence the parcel was dropped and collected.  Once I have read all the pages on here I will start putting the letter together and post on here for further advice.  thanks again,  mark 
    • The reason that I have indicated that it is the seller who should bring an action against Hermes is not because they are the seller – but because they are the person who suffered the loss. If you haven't suffered a loss then you probably don't have the status – locus standi – to bring a court action. Of course there is a slight problem that you didn't enter into the contract with Hermes – the purchaser did. Until 1999 this would have been a problem and would have prevented you from bringing any kind of action at all – at least on the basis of contract. However, since 1999, the Contracts (Rights of Third Parties) Act gives the beneficiary of any contract full third party rights as if they were a contracting party. The only exception to this is that if the contract specifically excluded non-contracting parties – and I'm not aware that Hermes has yet amended their contract to try and prevent this. Of course as usual, Hermes will make a big point about the fact that no insurance was purchased. Hopefully you have been reading around the threads on this sub- forum and you have seen that our view is that it is completely unfair and in fact it is absurd to require a customer to pay money to protect Hermes or any other service provider from the consequences of their own negligence or the criminality of their own employees. Every time this point has been raised with Hermes in mediation, Hermes have settled and we consider that it is because they want to avoid going to court to get a definitive judgement that their insurance scam – is precisely that – a scam. On the basis of what I understand here, this is more than just negligence there is criminality and your bike has been stolen. You've already begun a complaint and you have been knocked back and so I think there's no point in mucking around and I think that you should simply issue a letter of claim to Hermes giving them 14 days to settle in full or else you will begin a court action. Make sure that you have read around the forum about taking a small claim in the County Court. It's very easy but you need to be aware of the steps. If you send the letter of claim, then don't expect that they are suddenly going to refund you your money. They won't. They will force you to issue the court papers and who will then force you to pay the hearing fee. At this point, they will opt for mediation and they will try to knock you down and get your compromise in your claim. You should stand your ground and refused to compromise even a single penny. We will help you all the way. You seem to be a seller and a purchaser here who are getting on very well together and so as you are motivated by a common purpose, you may want to get an agreement where you decide to share the fees of court action – which won't be very much. I haven't checked the court fees for this value claim – but I expect that the whole thing will be only about £120. Of course you will get that back when you win – but bear in mind there is a is a slight risk factor and that means that £120 would be the extent of your risk and would be the maximum that you would lose. It is inconceivable that you would lose. You should be claiming the cost of the bike, the cost of delivery, plus interest which is presently 8% – a very good rate in today's economic climate. Of course you will also claim back your court fees. If you want to proceed then please let us know and let us know also that you have read around the stories and also the steps involved taking a small claim in the County Court and that you understand what you are doing. If you do your basic reading over the next couple of days then we can help you draft a letter of claim on Sunday and you can send it off on Monday. I would recommend that you post your draft letter of claim on this forum so we can check it. Keep it short and to the point.
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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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      • 33 replies

PCN by post for driving away but was half a mile away at time of PCN


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Hello
After a recent visit to my elderly parents in London to take them food as father immobilised by a back injury and my mother suffering from Alzheimer's 

 

I returned home after a few days and subsequently received a parking ticket in the post. 

The post stated that I had tried to drive away as a PCN was being prepared. 

This was supposed to have taken place at 4.30pm.


At the time I was half a mile away sitting in a pub. 

My Covid app shows I checked in here at 3.15pm. 

I paid the bill when I left and the bank tell me this was at 5.17pm.   

 

I am trying to get the bank to give me written proof that this was the time I used the card but this is proving problematic as local branch closed because of the lockdown


I did not go near the car, or try to drive it away.

It stayed in the same spot for the whole period I visited my parents. 

I renewed the manual tickets scrupulously on time and there was a valid ticket in the car at the time stated.

I cant express how unbelievably angry I am over this, as this is a blatant attempt to defraud me of forty quid or possibly more. 

 

From reading around various advice sites it would seem that parking tribunals always give councils the benefit of the doubt as they assume parking attendants don't lie.

 

There is zero evidence from the council that this happened,

no photos of car or permit,

and never can be as the events they describe did not happen.


What is the best way for me to challenge this effectively? 

Any help greatly appreciated

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19 minutes ago, Lasteph said:

I renewed the manual tickets scrupulously on time and there was a valid ticket in the car at the time stated

 

then how can they issue a PCN or know it might have or not existed or expired?

unless there is a time limit upon parking and returning within so many hours?

 

something is not right here with the story or their actions

 

what code is on the PCN?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Code 19S parked in shared use bay with invalid permit.

The permit was not invalid.

 

The notice goes onto say that the officer was in process of preparing a PCN, but the car was driven away from place it was stationary before CEO could attach the PCN. The car was supposedly observed at 4.30pm so presumably the alleged driving away took place at this time.

At 4.30 pm I was sitting in a pub half a mile away. This was between 3.15 and 5.30.  So how could I have leapt into the car and driven it away  

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well the covid app is good enough for proof of where the vehicle was at the time of the incident.

 

i'm not 100% up on council PCN's but it says invalid permit, not one didn't exist, so what reasons could exist for it to be invalid?

ticket from the wrong machine or as i said a return within stipulated hours or exceeded allowed hours within a certain period...

just musing.

 

however can't see how an appeal can fail when covid app and poss thus google tracking or apple tracking equiv will prove different.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

There was no reason stated as to why ticket invalid.   

This is a scratchcard. You scratch out the time and date etc. 

 

There were no specifics as to why this was invalid.

There are no photos of this with the PCN.

The car was stationary in the place they said it was.

 

If a CEO says I drove off while PCN being prepared

does this mean they don't have to provide any photographic evidence?

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i notice several of our PCN experts have looked but not commented..

please reply

 

this is outside of my knowledge somewhat.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Make an informal challenge on the grounds that the contravention did not occur.

 

Explain that you were visiting your parents from  xxxx(date) till xxxx (date) and clearly displayed a valid visitors permit each day, therefore your vehicle was  not in contravention.  In addition, between those two dates your vehicle was not moved at all , neither was the vehicle driven away at the time of the alleged contravention.

 

Since the vehicle was present at all times between xxx and xxx, the CEO would not have been prevented from serving a Regulation 9 PCN and therefore by  serving Regulation 10 PCN the council has committed procedural impropiety.

 

Please confirm that the PCN has been cancelled.

 

(Reg 9 PCN is served on  the vehicle or handed to the driver. Reg 10 PCN is one sevred by post)

 

 

 

 

 

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