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    • I Submitted my defence last weekend,. In short, denying all allegations and requesting that the claim be struck out as claimant has no documents to support their claim and  have failed to provide any evidence whatsoever that any monies are owed to them by me and I considered it an abuse of process.   I have now received their directions questionnaire where they are championing 'Mediation over the telephone'   Should I agree to mediation once I receive the questionnaire from the court bearing in mind the dispute is about the existence of the alleged account and the lack of documents to prove it exists/ existed?   All I can say in mediation is that I've never heard of the account...... Do Lowell have to provide documents to the mediator?    Thanks in advance for any advice offered and sorry if the answers can be found elsewhere, but I'm not sure where to look 🤓   Spam 
    • Thank you all for the comments.. I hope to get a transcription of the recording, but I don't know if that's possible. I have asked the Court so will see what comes back. This is an overview and may not be exact wording..    I'll add the highlights from what I understood.. [both Judge & Mr D were well into the legal jargon].. some of the more technical discussion was lost on me..   Opening Statements.. VCS......Events from Incident to Court summons.. pretty much the WS opening Me........Night time, bad weather, bad visibility, children in danger walking on the road so "Signs" were not very clear VCS......Pictures on their WS were in daylight. Picture of the car we very blurry due to the rain. VCS agreed it was bad.. Me........Kangaroo Court - Every drop down on the appeal site is an admission of some sort of guilt. Needs to be an "Other" in case your situation doesn.t match Judge...Asked for clarification on POFA from VCS  VCS......Explained POFA in his terms and what he understood Judge...Was it a Parking event? VCS......No, it was a Stopping event Judge...Asked VCS who owns the land.. he didn't know so I told him Southend Council owns the freehold of the airport, but it has been leased since 1994 to London Southend Airport Company Limited Judge...Surprised VCS didn't know that Judge...Asked VCS if the Contract is relevant? VCS......Yes,  Judge...Still not clear VCS......Quoted VCS v Ward & Idle..  Me........That's not in your WS so is it admissible? Judge...That's not relevant in this case.. he had a quick look. Judge...Is the land relevant VCS......No real valid response, referred to VCS contract with the airport. Me........Why is Mr Wasi the paralegal not here as he may know? Judge...Section 46 refers to Parking/Waiting. Me........It all refers to Parking.. and I was not parked or waiting.. ## I expect Simple will see this as a loophole so may change it ##   Closing Statements: Me........VCS are aggressive in all their actions, as you can see by the Letters in their WS.. I also went through all the Arguments at a high level, such as Bye-Laws, Road Traffic Act [Public access etc.., the POFA discussed Parking, not Stopping, PO Box on the Signs, no address. VCS......Pretty much same as the Opening statement as far as I remember..    Judge...   Car was stopped for 30 seconds Multiple Signs The Driver "did" enter into a Contract as they entered the airport But.... Does POFA apply Needs distinction Stopped not Parked Only applies to Parking Judge referred VCS to Jopson v Homeguard 👍  Defendant wins the case & is not obliged to pay VCS any Fines   Judge to VCS... do you want to Appeal VCS.. Yes Sir................... but after 20 seconds he changed his mind to No Sir, no appeal at this time..  Judge to VCS... you have 3 weeks to appeal if you change your mind.   So.. VCS may appeal, but I had a feeling that he may have been tapped on the shoulder and advised to say No.. at the time..     ### As far as I can remember, this is how it went down ###.
    • Let us know when the hearing date has been set and then we will try to help you sort out your arguments and your documents. You will need to submit a court bundle. Please follow the court bundle link
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      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.
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      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.
       
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DPD dispute regarding parcel posted from the UK to Australia. Shows as being delivered - **Settled**


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paypal   19 Aug 2020 14:41:24 BST
Transaction ID: 2
 
 

You sent a payment of £116.89 GBP to DPD Local Online
([email protected])

   

The amount due will be collected by Direct Debit within 3 working days after
It may take a few moments for this transaction to appear in your account.
Merchant
DPD Local Online
[email protected]
Instructions to merchant
You haven't entered any instructions.
 
Delivery address – confirmed
xxxxx
United Kingdom
Dispatch details
The seller hasn’t provided any dispatch details yet.
Description Unit price Qty Amount
 
Delivery Services £116.89 GBP 1 £116.89 GBP
 
Paypal Surcharge £0.00 GBP 1 £0.00 GBP
 
Subtotal £116.89 GBP
Total £116.89 GBP
 
Payment £116.89 GBP
Payment sent to [email protected]
 
 
From amount $223.26 AUD
 
To amount £116.89 GBP
 
Exchange rate: 1 AUD = 0.523562 GBP

Invoice ID: 3010796
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Okay, if you are happy with that then go ahead. You are going to claim the declared value plus the delivery costs.

Now draft a letter of claim. Not too much narrative. Just get to the point. Tell them what you want. Tell them that you want it in 14 days. And tell them that at the end of 14 days you're going to send them the good news

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Am I looking in the wrong place?  https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf
 

1 INTRODUCTION 1.1

This Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader).

The business will be referred to as the “creditor” and the individual will be referred to as the “debtor”.

This Protocol does not apply to business-to business debts unless the debtor is a sole trader.

 

TTL is the business – the creditor / Parcels2Go Ltd is the individual – the debtor.

Parcels2Go Ltd is NOT a sole trader, so how can this Protocol apply ?

 

 

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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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Sorry if Im not understanding - was this link to a link for suggested letter from Business to Business?

I had used this link as suggested above but it doesnt seem to apply when a business is seeking action against another business?
https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

Not sure how much details to put in - even though I totally understand it should be kept short. Will try, and add here. 
 

Edited by TT2020
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use the examples in the threads on cag that i posted that link too

100's here

 

dx

 

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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Just send them a standard letter of claim – give them 14 days.

Maybe you haven't read my previous post where I flagged up the points that you have to include.

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Thanks, yes, have taken on board everything said and included- was just wondering if there was a standard protocol for B2B action.

Regarding the deceptive practices this was an interesting response from someone when I had asked to speak to someone more senior. He has investigated and sees that it is 'powered by' Parcel2go.
And that parcel2go requested - and yet DPD Local is the trading name of Parcel2go.com Ltd. He speaks as if separate entities. 

Perhaps the fact that Parcel2Go.com Ltd trading as DPD Local Online seems to be trading as separate entities is part of the reason i did not get the information required to contact the local courier and find out where the parcel was?

I booked the parcel with them - and proving the service with reasonable care and skill should include providing the customer with tracking from start to finish. How can the company we booked with, and who chooses who to use to deliver, say they have no direct contact with the courier company they use (thats false - when we book through parcel2go.com they always give us UK to Australia tracking number AND AU to AU tracking) 

Since Sept when the non delivery raised by our customer they havent given us the AU to AU tracking. That has nothing to do with non signatures on delivery.     

Is any of this relevant for the claim? 

 

 
Ref: .....

Good Morning,

A copy of your correspondence has been forwarded to myself for further investigation.

At the outset please allow me to apologise for the failure to successfully deliver this package as was scheduled. We certainly appreciate the significant inconvenience caused by this failure in service, and we continue to apologise for the undoubted difficulties that have resulted from these unforeseen events.

I can confirm the www.dpdlocal-online.co.uk website is hosted by Parcel2Go.com Limited and having investigated this matter, the service is powered by Parcel2Go.com and unfortunately we do not liaise with the final courier directly.

I understand you have requested information regarding the final courier, which at the same time Parcel2Go.com requested to DPD, but I am afraid the courier confirmed the delivery, however informed there was no proof of delivery due to Covid restrictions.

As the courier confirmed the delivery, but the recipient disputing this, we have created the claim back in November. I can confirm the offer was correct as the protection of the parcel is only for £50.00, however this was increased to a £100.00 as a goodwill gesture, the offer still stands without prejudice should you wish to accept.

I must advise we are not members of any dispute resolution service.

May I conclude by offering my unreserved apologies once again both personally and on behalf of Parcel2Go.com for the undoubted inconvenience caused.

Should you have any further questions please do not hesitate to contact me.

Kindest Regards
S H****
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I have a sense that you are being over-complicated about this.

Draft a letter of claim – and post it here.

 

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  • 2 weeks later...

Thank you for all your help. I wrote again and offered to settle out of court if they increased the 'gesture of good will' offer -- which they did - and after court filing cost am only now down a relatively small amount, which I am putting down as 'a life lesson'.

However I am looking into the issue of deceptive practices and submitting to trading standards as well as writing a blog about it. There is some really dodgy stuff going on, separate to this parcel issue.     

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Thanks for the update. I'm pleased that you got a good settlement.

I'm afraid I don't think you'll get anywhere with the deceptive practices and trading standards line. However, writing up your experience in a blog will be a good idea because it might bring it to the notice of more people.

If you think you can give us a plug in the blog then of course would be very grateful.

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  • BankFodder changed the title to DPD dispute regarding parcel posted from the UK to Australia. Shows as being delivered - **Settled**

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