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    • 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.
    • That's what keeps divorce lawyers and mediators in work, I suppose. You think he's being unreasonable and he thinks you are.   My gut feeling is that it would be better to have this agreed in writing so it can't be challenged later, but that's just my opinion. Here's more information from the CAB in case it covers something you haven't already considered.   HB
    • Biden doesn't seem bothered about negotiating a trade treaty to suit the UK government's timetable. I don't suppose they saw this coming, not that the amount of trade involved makes up for what's being lost with Europe anyway.   https://www.independent.co.uk/news/uk/politics/brexit-boris-johnson-usa-trade-deal-b1807616.html
    • No we haven’t mentioned divorce yet The fair split is I give him half the equity and anything he wants to take from the house  I just feel he is now being unreasonable because I won’t change my mind and take him back 
    • Hi.   Have you spoken to a divorce lawyer or has your husband? Trying to look at this from the outside, it sounds as if it would be better to agree a fair split according to divorce law rather than deciding between you.   Sadly, once money becomes involved things can become more complicated, but I'd have thought a divorce lawyer would be able to advise.   ETA: Here's some advice from the government.   HB
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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.
       
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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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NCP/BW ANPR PCN Claimform Bought ticket but threw it away


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My wife has received PCN from this same car park.

She bought a ticket at the time but had thrown it away by the time she received the PCN as there was a fortnights holiday in the interim.  

 

Please can anyone advise the best way to use this forum for advice on this one?

We have requested a PDT machine record of payments made that day, but this has not been forthcoming.

She now has a claim form from County Court Business Centre and I would be most grateful of any advice in the best way to present her defence. 

Thank you in advance.

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  • brassnecked changed the title to NCP/BW ANPR PCN Claimform Bought ticket but threw it away

Have moved your comment to a new thread specifically for your query, its better to have your own thread  now if you can fill in the questions on the Sticky below it will help the team to offer advice for your particular case.

 

 

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Just because the receipt has been thrown away doesn't invalidate the payment. Besides there are several other hurdles that the crooks who run hte car park have to overcome before they can successfully win in Court-even if your wife hadn't paid at all.

As a start please complete the questions on post 2 and then we can begin pinting out where they have gone wrong already.

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Yes the sticky will then give us the what why's and wherefore of their likely groundless claim, but don't delay as you must acknowledge the Claimform within a strict timescale or they win by default.

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

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Hello all,

This is my first thread, so I hope I am following protocol.

My wife parked in an NCP car park late last year. It is controlled by ANPR and she bought a ticket and displayed it on the dashboard. We were away for Christmas and on our return discovered a PCN from NCP waiting for us. I can supply the dates but I do not know how much information of the case I should disclose here at this stage.

 

She wrote back to NCP saying she had bought a ticket and saying 'We have no record of any payment being made against your vehicle registration number'. She was driving our daughter's car so it is entirely possible that she entered her own registration number by mistake.

 

Having read a number of threads here and elsewhere, I entered an SAR on the NCP website asking for photos, all correspondence, a PDT machine record from that day of payment made, and all data that they intend to rely on. This has been received with the conspicuous absence of the PDT machine record.

 

I have read that entering an incorrect number is not a breach of contract, and I think this is our strongest defence, but I would really appreciate any comments that will help in submitting my wife's defence which is due next week.

 

Thanks in advance, 

Rovarp

 

 

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Hi.

 

You say you need to submit a defence, but have you had a court claim for this?

 

In the first instance, please could you let us have the information requested in the forum sticky so we can advise you?

 

 

We don't necessarily go about things the way that other forums do, so we wouldn't have advised sending an SAR or for your wife to admit that she was driving, but that isn't terminal. We'll take it a step at a time.

 

HB

Illegitimi non carborundum

 

 

 

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we'd already made you a thread

so i've merged them.

 

can you please re read from post 1 now

and fill out our court sticky in post 2 

 

thank you

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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For PCN's received through the post [ANPR camera capture]

(must be received within 14 days from the Incident)

 

please answer the following questions.

 

1 Date of the infringement

06/12/2019
 

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

19/12/2019
 

Uploaded as NTK.pdf

 

3 Date received

It could have arrived any day after 19th December as we arrived home on 31/12/2019
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]

No
 

5 Is there any photographic evidence of the event?

Yes - See NTK 
 

6 Have you appealed? [Y/N?] post up your appeal]

Yes - see Redacted Appeal Letter
 

Have you had a response? [Y/N?] post it up

We did not receive a response, however there was a response within the SAR pack which was only requested after receiving the County Court Claim Form - Attached (Appeal Response 2 page)
 

7 Who is the parking company?

NCP

 

8. Where exactly [carpark name and town]

Cheltenham Portland Street East
 

For either option, does it say which appeals body they operate under.

BPA
 

Redacted appeal letter.pdf NTK.pdf Appeal response 2 page.pdf

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On 30/11/2020 at 11:34, brassnecked said:

Have moved your comment to a new thread specifically for your query, its better to have your own thread  now if you can fill in the questions on the Sticky below it will help the team to offer advice for your particular case.

 

 

 

i'm not sure why the wrong sticky got posted

 

if you have a claimform 

we need the above

 

thanks.

then we will get you moving

this one should be easy.

 

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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Name of the Claimant National Car Parks Limited, Saffron House, 14B St Cross Street, London, EC1 8XA

 

Claimants Solicitors: BW Legal. Enterprise House, 1 Apex View, Leeds, LS11 9BH

 

Date of issue – 10 Nov 2020

 

Date for AOS - I posted AoS on 19th November 1st class.

 

Date to submit Defence - Please advise (apologies for not contacting you guys earlier) 11-08-2020 - dx

 

What is the claim for  

1.The claim is for the sum of £170.00 being the contractual charge due from the Defendant in respect of a Parking Charge Notice (PCN) for a contractual breach which occurred on 06/12/2019 in the private car park/land at Cheltenham Portland Street East Cheltenham GL50 4DW in relation to a xxxxx xxxxxx registration mark xxxx xxx.

 

2.The PCN was issued as the Defendant failed to comply with the terms and conditions, as displayed. 

 

3.Despite demands, the charge remains unpaid.

 

4.The claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £0.04) from 06/12/2019 to 08/11/2020 being an amount of £13.00.

 

5.The Claim also includes £60.00 recovery costs as set out in the Terms and Conditions and in the ATA AoS Code of Practice.

 

What is the value of the claim? £173.00+

 

Amount Claimed  £173.00

court fees £25.00

legal rep fees £50.00

Total Amount £248.00

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thanks.

 

i would still register with MCOL Website today

and regardless to the SAR get a CPR running today too.

 

follow

 

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box. --- check AOS is registered if not do it!
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.

 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the 
claimform [1 in the count]

 

..............

 

defence is due friday 11th dec by 4pm

 

twill be one of our many 3-5 line defences here in numerous PCN claimform threads

shame you appealed...next time DON'T!!

 

 

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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I am being a bit thick here perhaps but if your wife parked her daughter's car there then the PCN should have gone to your daughter if no payment was made. And how did the PCN get to your wife if her car wasn't there? 

 

Oh I have forgotten that your daughter could have her car registered at your home address but still wouldn't explain the PCN going to your wife.

 

And have you asked NCP to check if your daughter's reg no. was paid for?

 

Also did NCP's takings for that day tally with the number of cars that parked there that day.

You can tell them that they will be put to strict proof of this since it is a vital piece of evidence  in their claim.

 

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Both cars are registered to me, so original PCN was in my name.

My wife in her appeal said she was driving and she has received all subsequent correspondence.

(We now know this was a huge error).

 

I am sure if we had the list of registrations for the day, we could identify the purchase but that is not forthcoming.

I did request the PDT machine record of payments made that day in the SAR.

 It's just if this is the main thrust of the defence and how to present it if it is.

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its not for you to prove their ANPR system is pants , leave that for later.

 

reg mistakes are being removed as an allowable reasons these fleecers can issue speculative invoices soon, so it should be easy.

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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They will be trying to get as many wrong reg no claims in before it is changed and becomes law that its not a reason to claim. the court process is used as a frightener to push for a payment often not legally due.

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

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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AFAIK there have been zero wins for any PPC on a wrong reg issue.

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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That would be a defended claim as being de minimis it wouldn't stand up to scrutiny.  Only way they would geta judgment is a default, as undefended, or a back door default to old address.

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

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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They cannot show you their PDT record for that day since that would breach the GDPR of every other motorist.

You could explain that your wife may have inputted one of several reg. nos. and see if they will look at that.

 

Of course she may have got one of the letters wrong as well as the actual car that she was driving which would encourage the crooks to keep pursing. They will still need strict proof that she didn't pay. Like a picture of the windscreen without a ticket showing.

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its for them to prove their claim

its not for you to prove their ANPR system is pants, leave that for later.

 

 

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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