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    • Thanks for the detailed response.  my only question is my claim is against parcel2 go, will that all apply to parcel 2 go as well? 
    • I would never install Alexa or any other device which listened in to conversations so they could target advertising.    And enabling Alexa to accept voice commands to order products from Amazon is a bit daft.
    • Okay so I see that the principal issue is about insurance. In that case read the threads very carefully about what we have to say about the insurance requirement and how unfair it is that you should be required to protect Hermes against their own negligence or the criminality of their employees. Point out that this was a laptop computer and you are well aware that instances of laptop computers disappearing are pretty common with Hermes and that the likelihood is that it was stolen. You will not be responsible for the criminality of their employees. It is for Hermes either to review their employment policies or to insure themselves. If you read up on the pinned topics you will find that have set out a nine or 10 point explanation of why their insurance requirement is unfair. You can tell the mediator that you will be inviting the judge to exercise his or her duty under the consumer rights act to examine the entirety of the Hermes contract and to decide whether the terms are fair or unfair. You can also point out to the mediator that if the judge finds against them that it will put a coach and horses through their entire rip-off insurance scheme and that not only will they not be able to depend upon in future but they will also have to go back and compensate all the people who have accepted their position and have not understood that the insurance is unfair. Point out the mediator as well that once you get a judgement in your favour as you surely will – that this will impact the whole of the courier industry – and Hermes will be even more despised by the competitors than they already are. In terms of your flexibility – tell the mediator that if Hermes does the sensible thing and pays you out then it won't go to court, they won't get a judgement against them, and they will be up to carry on with their rip-off insurance policy as usual and deprive other more innocent and less well-informed people of the compensation to which they are entitled. Tell the mediator that that is the benefit to Hermes and that you won't back down – not even a penny. Read the mediation stories on this forum. You will find that Hermes will probably come to you with their £100 expiration payment. When you refuse that, they will come back to you with a further offer and they will try to avoid paying the cost of the action. Tell the mediator that it is Hermes which had forced this action to occur and therefore you are not going to pay. If Hermes comes back and says right okay they are going to court – then don't worry. Go to court. We will help you – although they will probably settle before court anyway. Stand your ground. It's a reasonable amount of cash but it's not a massive amount so I would suggest simply just go for it.
    • If people don't watch live TV, on the TV Licencing website there is a page (quite well hidden), where there is a declaration that can be filled out stating that a licence is not required because of reasons a,b,c,d etc.     Once this is done, they leave you alone for 2 years, but ask you to notify of any change before the 2 years is up.   If you don't do this, they hassle you.   The inspectors have a sneaky tactic of knocking gently on your front doors, so you think it could be a friend or neighbour. People then up open up the doors and are caught watching live TV.    
    • I had been away as i didnt have any update i had been only waiting for the mediation appointment to be given which is i think processed bit delayed due to their workload. I have been given the appointment last week.  please see below their defence .   “Thank you for your email. Firstly, please allow me to offer your our most sincere apologies for the service you have received on this occasion. As advised by my colleague when booking this order, you are required to enter the value, upon entering this value a pop-up message was provided requesting that you protect your goods fully, you declined this option on more than one occasion and accepted to send this with just the standard £20.00 protection against loss or damage. I am afraid the offer made £100.00 as a matter of goodwill gesture without prejudice is the full and final settlement we would be willing to offer. It is of course your prerogative to take this case further, however, I must advise that should this go forward we will defend the case based on the information provided previously and the following Terms and Conditions which you agreed to when booking this order: https://www.parcel2go.com/content/about-terms.aspx "The Extent of our Liability 6.4 We shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this clause 6 and clause 7. 6.5 We shall not be liable to you under any circumstances for: (a) any direct or indirect loss (including, but not limited to loss of profits, or loss of goodwill); or (b) any other special or indirect losses, costs, damages, or claims which do not arise naturally as a result of our negligence, breach of duty, or other wrongful act or omission. 6.6 We shall not be liable to you: (a) under any circumstances where there are any material discrepancies (meaning more than 10% difference) between the declared dimensions and/or weights and the actual dimensions and/or weights; (b) for any damage caused by our negligence, breach of duty, or other wrongful act or omission, which you have, or you have arranged to be, repaired, unless it is agreed by us that the repair work is to be carried out and that a repairer approved by us undertakes this work; or (c) in any circumstances in respect of the items on the Prohibited Items; Damage to Items Protected for Loss Only; or for loss of or damage to the No Protection Items lists, unless otherwise stated by us. The Limitation on the Amount of our Liability 6.7 If we are liable to you for any reason, we shall (subject always to clause 7) only be liable to refund to you the cost paid for the Service(s), unless you have purchased Parcel Protection for your Consignment from us. " Again we do apologise for all the inconvenience
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Armtrac/BW Windscreen PCN PAPLOC Now Claimform - no Permit Beach Road Porthtowan, Cornwall.


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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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"Dear BW Legal,

 

With reference to your most recent letter to myself – letter of claim, I am writing to inform you that I shall be disputing the claim as I do not owe your cowboy clients a penny.

 

As you should know, no keeper liability has been created by your clients, since they have no solid evidence as to who was driving the vehicle. Also, KBT Cornwall evidently do not realise that an immovable vehicle prevents the driver from being able to fulfil their contract.

 

I suggest that this should be taken no further, but if you are foolish enough to proceed, then you should be aware that the claim will be firmly defended and an unreasonable costs order under CPR27.12(2)(g) shall be brought against your clients.

 

I may also add that a claim shall be made for breach of the GDPR for accessing my personal data when they had no grounds to do so.

Yours sincerely"

 

Here's the updated letter, just printed now and will send off today with proof of postage.

 

Thanks for your help.

 

Sent off snotty letter today, but I have just realised that I forgot to sign it! Is this an issue?

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who said you ever sign it?

 

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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no simply print your name

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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Share on other sites

Don's want any signature they could photocopy and then be able to use potentially nefariously

 

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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Letter received from BW Legal today;

 

The line "your dispute regarding an immovable vehicle is irrelevant as we are unsure why this would prevent a valid permit from being displayed in your vehicle" is a load of rubbish as there are no pay and display machines, or any way of paying paying for a permit at all down that road.

 

Sorry, new file here.

20210421_124258.pdf

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oh well see if they issue a court claim

don't move without informing their client

they have 6yrs from the event.

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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Share on other sites

  • 3 weeks later...

Hi sorry for the delay.

 

Armtrac have not replied to the SAR, and so have not kept within the time limit.

 

I travelled to Cornwall the other day.

The sign which is broken is the one that is closest to where I parked.

The other signs pictured are the ones on the entrance to the road

 

 

docs2 n .pdf

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put them all in one multipage PDF

use PDFMERGE site as upload tells you too.

 

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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Share on other sites

Well, you replied to their Letter of Claim.  Yours is not now the next move.  Let's see if they have the gonads to do court.

 

Good to see Amtrac professionally managing the car park - by being too bone idle to even replace a knackered sign!

 

Well done on all the graft you've put in.  You have proof there were no signs where you parked, proof there were no bays painted so it was impossible to keep to the condition to park within bays, proof of the puncture, etc.

 

It's best to let sleeping fleecers lie, but part of me is tempted to send them a Letter of Claim for not respecting your SAR  🤣

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

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  • 2 months later...

Hi all. Dx apologies, here is the merged pdf. I couldn't figure out how to do it before as the file size was too large to upload.

 

Thanks Dave. I thought the same about the broken sign, which was the one closest to where I parked. I still have not received a reply to my SAR!

 

The small car park / layby that I parked in is very deceiving. Many people park in there, as it is directly opposite the pub and simply looks like a free pub car park. There are no markings or signs directly in that car park, only down the lanes leading up to it.

 

Unfortunately I have received a claim form from the county court today. I have attached a separate photo of this.

 

Any advice would be greatly appreciated. Thanks.

20210425_165144-merged-compressed.pdf

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thanks for the sign

 

we don't need the N1 so i've removed that

 

please complete this:

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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Share on other sites

  • dx100uk changed the title to Armtrac/BW Windscreen PCN PAPLOC Now Claimform - no Permit Beach Road Porthtowan, Cornwall.

Thanks Dx.

 

Name of the Claimant : Armtrac

 

Claimants Solicitors: BW

 

Date of issue – 20/07/21

 

Date for AOS - 07/08/21

 

Date to submit Defence - 21/08/21 (or 20/08/21 as the 21st is a Saturday)

 

What is the claim for 

 

1.The claim is for the sum of £106.10 being due from the Defendant in respect of a Parking Charge Notice (PCN) for a contractual breach which occurred on 18/09/2020 in the private car park/land at Beach Road Porthtowan TR4 8AW in relation to a *Car make and reg number*.

 

2.The PCN was issued as the driver 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 £0.02) from 18/09/2020 to 19/07/2021 being an amount of £6.10.

 

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

 

Amount Claimed - £166.10

court fees - £35.00

legal rep fees - £50.00

Total Amount - £251.10

 

 

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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.
.
 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]

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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Share on other sites

Thanks very much DX.

AOS now complete. One thing I have just realized that I have done and I am unsure whether I should have.. on the AOS I listed my email and phone number as it asked. Reading through your post of the CPR template you say to never give your email address. Will the claimant be able to see this information?

 

 

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no.

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... 

Link to post
Share on other sites

You can sue Amtrac for not replying to your SAR if you wish. 

 

Have a think about if this is a road you want to go down.

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

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Thanks Dave. I'll have a think, and I'm sure the results of the court case will have an impact on my decision. What kind of chance do I stand at winning the SAR case?

I have sent off the

The CRP got sent off last week, so as I understand, I must now submit my defence? 

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On 21/07/2021 at 20:51, Bobbynub said:

Date to submit Defence - 21/08/21 (or 20/08/21 as the 21st is a Saturday)

 

std 3-5 line generic defence in most pcn claimform threads here.

 

as for the sar guaranteed win. Though you might want to tell the ico of their failure 1st

 

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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the ICO deal with all data protection rule etc breaches.

 

they often fire a shot across the bows of whom has failed the sar timeline and it magically appears.

you should ideally do this before launching a court claim as tempting as it is...

  • Like 1

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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