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    • (See the link to DVLA’s INF188/6 document I posted above, page 4 as cited) “I have a new medical condition that I have told the DVLA about on my recent application. Can I drive? As soon as the DVLA receives your correct and complete application for a new licence and as long as you meet all the Section 88 criteria, you may drive. It is important that you are satisfied that the medical condition you have declared on your application does not stop you from driving. If you are unsure, check with your doctor or healthcare professional before you make a decision. You can also look up your condition in the ‘Assessing fitness to drive’ guide, which you can find at www.gov.uk/dvla/fitnesstodrive to see whether you meet the medical standards for driving. As this guide is intended for healthcare professionals, it can be complicated. Your doctor or healthcare professional should be able to help you if necessary." It seems that DVLA think that S.88 does apply for applications disclosing a new medical condition after all. Why might this be so, and what of “qualifying application" and "relevant disability"? S. 92(1) imposes on the driver a requirement to disclose a relevant disability. S.92(3) requires the Secretary of State to refuse such an application disclosing a relevant disability ….. EXCEPT S.92(4) requires the Secretary of State to grant such an application if the relevant disability is “adequately controlled”. Hence my belief S.88 can apply for medical conditions (if the driver meets the medical standard of fitness to drive) as the application remains a qualifying application IF the driver meets the medical standard of fitness to drive, until DVLA (on behalf of the Secretary of State) say it doesn’t, provided the driver believes they meet the (medical) standard. Additionally, at (or before) June 2013 (as noted in my previous post) the medical standard for fitness to drive for conditions involving excessive daytime sleepiness was changed from “completely controlled” to "adequately controlled".  
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Lost parcel - Hermes via parcel2go claim refused.


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I recently experienced the following.

 

30/12/2020;

 

Sent a parcel via parcel2go using hermes drop off service. Value declared £150. No extra insurance taken.

 

13/01/2021;

 

Chased up parcel using parcel2go automated online help. A loss enquiry was generated by parcel2go on this date. Parcel status, on parcel2go tracking, was showing at depot prior to this enquiry being generated.

 

Tracking also showed "Hold. Requested information from courier" on this date, 5.09pm. After the loss enquiry was generated.

 

28/01/2021;

 

Tracking showed " Rejected. Parcel protection not taken. N/A ".

 

At this point I attempted to find a meaningful way of contacting parcel2go, to no avail.

 

As it was clear the matter was concluded as far as parcel2go were concerned I then set about sending them a letter before action, this can be seen below, and was sent 06/01/2021.

 

15/02/2021;

 

Parcel2go replied, which can be seen below. In summary they cite their limit of liability and offered a "goodwill gesture" of £50.

 

I'm unwilling to accept this offer.

 

Any input from this point forward would be appreciated, particularly if I need to reply to the email, or just continue with the small claim.

 

Many thanks in advance.

 

 

 

 

 

letter_before_small_claim01.pdf P2GORESPONSE01.pdf

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The letter of claim is not bad but there was no need to offer mediation et cetera.

The only other thing to say is that you issued a letter of claim giving them 14 days and you haven't followed through with your threat. In fact you come here for advice – which is a very good move – but it shows that you sent a letter of claim without a plan and without understanding the next step.

In fact your next step will be to issue the claim. You've done everything you need to do so far.

However, I suggest that you read around the threads on this sub- forum to understand what happens when you issue proceedings against one of these two companies – and in particular what arguments we propose in relation to their normal defence which is that you failed to purchase their so-called insurance.

Also, read around this forum about the steps involved in taking a small claim in the County Court. It's not difficult but it's worth knowing the steps in advance so that you aren't fazed by anything and that you remain confident of what you are doing.

When you think you have read around then come back here and we will take you to the next step.

Have you registered with the moneyclaim website? You should done this already and you should have prepared your claim.

Draft particulars of claim and post it here so that we can have a look and then when you are ready, click it off. However make sure you've done your reading first.
 

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I have now registered on moneyclaim, and the draft particulars are below, any input would be gratefully received.

 

I have an account with parcel2go. On
30/12/2020 I sent a parcel  ......, using the myhermes parcelshop service.
 
Parcel ...... was subsequently identified as collected, shown in transit, and at depot on the Parcel2go website.
 
Following an enquiry on 13/01/2021 a claim re reference (#.....) was opened, and rejected on 28/01/2021 on the grounds of not taking parcel protection.

 

Taking Bankfodders advice, I have read around the site, and created relevant bookmarks for moving forward. 

 

 

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Where is the particulars of claim?

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I'm sorry, but I don't really understand what you are referring to.

Maybe you'd like to post up your particulars of claim again

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Sure, in the "particulars of claim" box on the moneyclaim site I have drafted the following;

 

I have an account with parcel2go. 

 

On 30/12/2020 I sent a parcel, Reference ......, declared value £150, via parcel2go using the myhermes parcelshop service, costing £2.70.
 
Parcel ..... was subsequently identified as collected, shown in transit, and at depot on the Parcel2go website.
 
Following an enquiry by myself on 13/01/2021 a claim re reference (....) was opened by parcel2go, and subsequently rejected on 28/01/202, on the grounds of not taking parcel protection.

 

I am claiming for the loss of the parcel which was not compensated for and the cost of the Service paid for - £152.70 in total.

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Okay I understand.

I'm afraid that this is not particulars of claim and that's why I hadn't realised that this is what you were posting.

You need simply to say the facts of what happened – very briefly, what went wrong – which you don't say at all – and how much you are claiming.

 

Quote

The claimant used the defendant's parcel delivery service reference number X X X to send an item value £150 to an address in X X X town.
The defendant lost the parcel.
The claimant seeks reimbursement of £150 plus X X X delivery fee plus interest plus costs

 

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I have a sense that you haven't been reading around because if you had been you would have seen lots of draft particulars particulars of claim and lots of explanation about what is necessary.

Are you familiar with all the arguments? Are you familiar with all the steps needed to take a small claim in the County Court?

Maybe you should hold back for a day or two while you do some serious reading on this forum. We've got all the information here. We got the benefit of the experience of lots of people doing exactly what you are trying to do.
If you stop for a moment and do the reading around you will feel very confident and empowered

1 minute ago, Accorx00 said:

Just to clarify, am I on solid ground stating the defendant lost the parcel, when parcel2go are the broker for myhermes and it's parcel2go who I'm challenging?

 

Thanks. 

 

I'm afraid this also confirms my view that you simply haven't done any reading at all of the sub- forum. This point comes up again and again with Hermes and there is a very simple answer to it which I have repeated in other people's threads so often that I don't think I'm going to go into it again here.

Please spend the next day reading and you will soon find the answers to your questions. Once again, it will make you more confident and more empowered

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