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    • Did you send the note giving them the extension of time? When does the extension expire/date for issue of claim? I see that this thread started on 25 October. I have to say that when it started I thought it was going to be a quick fix and hadn't bargained for virgin's ineptitude which has certainly made it a lot more interesting but I'm hoping that March is going to be the month that it will finally all get sorted out. Surely someone responsible within Virgin has got to start taking a look and understanding the extraordinary mess that they have built for themselves and want to sort it out.  
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    • no go back and read my guide earlier CAREFULLY...
    • Oh ok.   I thought I would need to write some sort of defence when I acknowledge the claim on the mcol website.
    • woe SLOWDOWN>   your defence is weeks away. (day 33) no there are no templates as each claim is unique. however, if you use our search top right. for say claimform card you'll see numerous versions people have adapted based upon our std holding/no paperwork defence , one of which, might well be suitable.   get CCA/CPR requests running monday and get AOS done now on mcol, you've already lost 10 of your 19days to do AOS   then get reading up as i detailed above the more you read here the stronger we become   dx      
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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

No signs/ leaves covering lines - PCN complaint??


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I missed this post, but just reading through it - I hope you have not just made complaints, but have followed the appeals process? You must do that!

 

OK, leaves aren't fixed in place. You were ticketed on three separate days. There should be three sets of council photos taken on different days. Is your argument that, when you arrived, the lines were hidden by leaves so you had no idea they were there? If so, compare that with the photos the council has to see what the road looked like when the CEO arrived on the scene each time. That will give you a good base-line idea of how strong a case you have.

 

If the lines genuinely were completely obscured every day, you could possibly win an appeal on the lack of clear markings.

 

 

Edited by Jamberson
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Hi - I went on to the council site and for each pcn submitted a reason against it.  I assume this is the "appeal process" you mean?  The site sent an auto-reply each time (x3) to say the fine was on hold whilst they look into my response.

 

I attached photos of how the site looked when I collected the car - leaves completely covering lines.   

I hadn't taken photos when I arrived - there was no need to as I thought it was a free parking zone - ie leaves covering lines and no signs notifying motorists of restrictions.

 

The photos they submitted partially showed some yellow lines.   But tbh perhaps the CEO had kicked them? Because he knew they were there?  Just to present evidence?   No lines were visible when I parked. And weren't visible when I collected.   When I moved the car I got out to inspect the area.   Leaves were still covering the yellow lines where the tyres had been - which indicates leaves had covered them when I parked.

Edited by HP Mum
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Will - You mean that's what you would do??

 

Why would I park on double yellow lines knowing I wasn't returning for a couple weeks?   Of course i didn't kick them afterwards 

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The CEO may have kicked them to show why he was issuing the PCN. Basically, the leaves were covering the lines when you parked, and when you collected the car at a later date. If there are three sets of photos showing the state of the road between those two dates, I would want to see them all - if just one shows the lines not visible, I think it would strengthen your case.

 

Anyway, if you have appealed already, it's a case of wait and see for now.

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  • 1 month later...

I have had a reply.  One reply re all 3 tickets.

 

In essence - the council acknowledge that "the yellow lines were almost impossible to see" in the images I took on the day I collected.   Though they argue that yellow lines are visible in the ceo photos.

They continue that as the car was not moved for 2w they understand I would not have seen the first ticket and thus would not have known to move it.

They maintain there is no evidence that leaves were covering the lines on the day I parked.   Thus they are "unable to cancel the first pcn".

But they will excercise discretion and cancel the other 2 tickets.

 

I now have a choice:

pay the discounted rate for 1st pcn by end next week / case closed

or

wait for Notice to Owner to be issued for full amount - following which I can make a formal representation against the 1st pcn and then, if appeal rejected, appeal to an adjudicator.   Obviously pcn rate will be full price and charges may be incurred

 

 

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Adjudication would be a risk. The prime evidence would be the councils pics taken at the time of the contravention and these do show DYL's (admittedly worn). Whether an adjudicator would find that they were insufficiently clear is anybody's guess. Personally I'd take the discount, but it's your money if you're prepared to gamble.

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HP Mum - I'm not sure if I'm confusing you with another poster, but does the council in question have a physical address for you as opposed to just an email one? 

 

It's just that for some reason I'm thinking you may have no fixed address(?) - and that might be a problem if you don't pay the first PCN and the council escalates enforcement.

 

Oh - and just to add for future reference - there is virtually no "free" onstreet parking in London, anywhere.  If there are no signs at the side of the street you need to ensure there are no double yellows - not just assume there aren't

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Manxman - you are kind of correct!  Temp nfa but everything still registered at previous address and on divert to a mailbox, so all good with receiving notification.    Where I parked is definitely free on-street parking - apart from 2 sections which are signposted clearly for residents parking and the one stretch of road - a bit longer than one car - which is for some unclear reason DYL and not signposted at all -  and that is the spot where I parked because leaves were covering the DYL!

 

Upon reflection I think it best to pay the discounted rate and move on...

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Good.  I remember wondering when you started this thread back in November whether a fixed address might be an issue for you.

 

I think when I looked at your photos back then I thought you may have been parked at the end of a cul-de-sac and the lines were to preserve somewhere for people to turn around.

 

I think if they've cancelled two tickets and you can get the initial one at the discounted rate, it makes good sense to pay.

 

Good luck with the other threads

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  • 2 weeks later...

paid the 1st ticket at discounted rate (which still hurt) and now moved on...

Thanks for the help everyone x

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