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date top right on claimform +33 cal days (claimform date is ONE in the count) = 19th april. they had till 4pm today to fill a defence
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Its stopped me going further based on judgement Type. I shall try again tomorrow which is day 28
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Hi, I did not receive any paper work back from Lowells, but I did receive a confirmation letter from their solicitors on their behalf asking me to communicate with them only, and not Lowells. They also offered payment plans and options to avoid any further court action. I did not respond to this letter in any form. Tomorrow is Day 33, and I was wondering if I should put in my defence this evening, or should I wait until tomorrow, in case anything arrives in the post in the morning? I am worried in case I am counting the 33 days wrong, and it is today and not tomorrow. (claim was submitted 19th March).
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lookforinfo, correct me if I'm wrong but isn't that just related to official civil enforcement officers, i.e. Council Traffic Wardens, who are employed by an enforcement authority. That is local councils for instance or a private company employed by a council. PCM are a private company trying to obtain payment from a speculative invoice and have no authority to issue PCN's.
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can i use this...... No legitimate interest in enforcing a charge – One of the key points from the Beavis case was that the charge was necessary to deter overstaying; if they did not issue penalties then the car park would be unfairly used. The flip side of this is that if there were no legitimate interest, then the charge would be an unenforceable penalty… The following are examples of charges that are arguably therefore penalties: Parking in a space you own but forgetting to display your permit Entering an incorrect VRN into a terminal Underpaying in a car park where by paying the vehicle is fully entitled to be there Parking outside a bay when no other cars are stopped from parking
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Our picks
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347-
- 32 replies
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
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BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
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