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    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
    • RE: EC261 Compensation   It's normal they won't have asked you to contact them . Your initial rescheduling was obviously done by a bot - and there was no human to notice the mistake, as far as the bot knew your scheduling was perfectly normal so there was no need to ask you to contact them.   As long as that was done 2 weeks in advance the carrier's liability to notify you is fulfilled.   (You could have contacted them there and pointed out that the new schedule was impossible. Unfortunately you didn't. Claiming you didn't notice is not likely to work in your favor)   The bot who sent you the 24h confirmation didn't notice the mistake either, obviously.   At some point a human or another bot finally identified the problem and that's when they called you. As far as they are concerned neither you nor them had noticed the scheduling mistake and they took it on them to notify you so you don't have a bad surprise when you try and check in.   However as far as I know, neither flight was delayed or cancelled. You could have taken both flights, if you had the power to be in two places at the same time.   So I don't think there is any scope to claim for EC261. But claim forms are free so feel free to try.     Then, you can certainly make an old fashioned claim (directly to BA)   What could perhaps play in your favor:   It's the carrier's responsibility to ensure that they don't sell you a ticket where the flyer cannot meet the minimum connection time or MCT.   This situation mostly applies to situations where the flyer doesn't know and gets caught. For example say you connect at LHR and you are given 35 minutes to connect. This may look just fine to an unsuspecting tourist, but in reality there is practically zero chance to make the connection, therefore the airline is liable here for selling you this ticket resulting in you missing your connection   In your case though it could be argued that even an unsuspecting tourist should be able to tell that it is not possible for them to depart 5 minutes prior to disembarking and therefore that you should have checked your notification more carefully.   The fact that the bot allowed such a glaring mistake to happen is certainly an argument in your favour shall you decide to make a complaint.     What doesn't play in your favor:   The airline obviously did their best to get you to your destination as soon as they noticed their mistake. They offered you more than one alternative (the first alternative would have got you in time at your destination, but you declined) and you then accepted another alternative, and fully travelled the ticket. That is a very strong position for them.     What did you lose and what do you intend to claim for?   You took the overnight connection so obviously you had to stay at an airport hotel. Is that correct? Did you keep the receipt for your hotel and meals?   You certainly should have asked them on the phone when negotiating your re-route that they provide a hotel. Within 20hrs of the flight it's something they would most probably not have denied to you (but airlines will generally avoid offering off the bat. Why lose money when a customer is just going to roll with it and pay for their own stay anyway, right?). After the fact it's going to be a lot more difficult to claim.   I do certainly think it would be reasonable to try and write them a polite but firm letter to claim for that. Not 700 euros, not damages and hardship and all that jazz, just the extra expense you incurred following a scheduling mistake that they made (that should have never happened) and that they didn't notice until way too late in the day , with your categorical inability to leave 3 hours earlier (you had very important business meetings or something critical, it certainly wasn't just convenience) and the extra costs incurred, and asking that they kindly provide compensation for the hotel and meals, which you feel it was their duty to offer you and you are politely disappointed that they didn't, and thafully you happen to have kept all the receipts. Put Alex Cruz on copy for good measure.   No guarantee but I feel it has a fair chance of success. Most probably you will be offered a heap of Avios instead of cash. It's then up for you to decide whether you want to accept that. Personally I wouldn't bother going further, but that's just me. See if anyone here disagrees, and do let us know what you decide and keep in touch with how it went.            
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Hermes lost my package


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I was going to send this back

 

Good afternoon Ilyas,

 
As stated previously in my letter of claim dated the 25th of May, under the Contracts (Rights of Third Parties) Act of 1999, I have the right to claim this compensation directly with yourselves. You have again denied me this right.
 
Tomorrow the 8th of June will mark the 14th day for you to try and resolve this.
 
If Hermes have not issued me a total refund of £161 by close of play tomorrow I will be going ahead on the 9th of June and opening a case with the small claims court to recover the funds that way.
 
Regards
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Okay I've had a look at it – and that's fine.

Sorry about the delay but I was using a device and I couldn't read it properly and I wanted to doublecheck.

 

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Well they're certainly sticking to their guns. I'll make the claim through money claim tomorrow.

 

Dear ,
 
Thank you for getting in touch with us regarding parcel xxxxxxxxxxxxxxx,
 
I am sorry that you are not happy with the response unfortunately, as this was sent through Packlink and not Hermes directly you would need to contact them for a claim.
 
I do apologise for the inconvenience caused.
 
Kind Regards
 
Sarah Gregson
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Dear Sarah

You know and I know that under the Contracts (Rights of Third Parties) Act 1999 that I have full third party rights to sue you instead of Packlink.  
If you don't know this then you better have a word with somebody about your staff development because you should know.
If you do know then shame on you for trying to pull the wool over the eyes of your customers.
I'll be issuing proceedings tomorrow

Good luck

 

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This is the last response from them. I'm just about to write up the short statement required on money service, can you read it over before I send it BankFodder?

 

Good Afternoon
 
Thank you for getting in touch regarding the recent parcel delivery reference xxxxxxxxxxxxxxxxx.
 
My name is Tasawar and I respond to complaints on behalf of the Executive Office. I have been asked to follow up your complaint in the absence of my colleague.
 
Firstly, I would like to start by offering my apologies on behalf of Hermes upon hearing that your recipient has not received the parcel.
 
Can I please advise as per your contractual agreement you will need to raise this matter further with Packlink as your contractual agreement is with them and not Hermes. Hermes is in a contractual agreement with Packlink who contracted us to complete this delivery.
 
As you have advised that you will be taking further legal action all future correspondence will need to be made in writing from your legal team to the below address.
 
Legal department
Hermes Parcelnet Ltd
Capitol House
1 Capitol Close
Morley
LS27 0WH
 
I would like to advise I will now be closing down this complaint and allow for you to proceed further via the legal team.
 
Again I sincerely apologise for any inconvenience caused.
 
Kind regards,
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Yes, issue the claim – but everything should have been prepared by now especially the particulars of claim.

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Apologies I wasn't sure if I was to use Money Claim or not being in Scotland but after looking into it as they're based in England I can use Money Claim.

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Do I need to put any further details than this BankFodder?

 

Hermes incident ref: xxxxxxxxxxxxxx

Parcel ref: xxxxxxxxxxxxxxxx

 

On the 25/04/2021 I sold an Xbox One S to the value of £161 on eBay and used Packlink to send the item via Hermes.

 

The package was picked up from the collection point and scanned by Hermes, after this point I no longer received any updates.

 

01/05/2021 I contacted Packlink and they advised I should submit a lost item claim, I submitted this with Packlink on the 04/05/21.

 

06/05/21 Packlink contacted me to advise the item had been deemed as lost and that I would only receive standard compensation (£20) as I had not paid for the additional compensation.

 

12/05/21 I then contacted Hermes directly to request full compensation of the loss of the package as they had not fulfilled their contractual obligation of delivering the package.

 

13/05/21 they contacted me to say after an extensive search of the depot the package could not be found.

 

15/05/21 Hermes called me and advised they hadn’t actually searched the depot and would do so.

 

19/05/21 I was contacted again advising after an extensive search they could not find the item.

 

25/05/21 I issued a letter of claim to Hermes for a total refund of the £161 for the loss of the item.

 

26/05/21 Hermes contacted me to advise they would do another search of the warehouse.

 

07/06/21 Hermes declared that they had received no response from the hub team and that the package was deemed lost.

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The claimant used the defendant's delivery service to send an item value £161 to a UK address. Defendant' s reference number XXX. The defendant lost the item. The claimant is suing on the basis of the Contracts (Rights of Third Party) Act 1999 as a beneficial third party. The court is invited to exercise its powers under the Consumer Rights Act 2015 to examine the fairness or otherwise of the defendant's terms and conditions with particular reference to their requirement that it is the customer who must purchase insurance to protect themselves against the defendant's own negligence or criminality of their employees.   The claimant seeks reimbursement of £161+ £XXX delivery costs plus interest.

 

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  • 3 weeks later...

Hey Bankfodder, just an update. Hermes acknowledged my claim and said they would defend the claim on the 16th of this month, still heard nothing from them, I think they have 28 days to file a defence so I’m sure they’ll wait til as late as they can.

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  • 4 weeks later...

Hey Bankfodder, I've got my notice of proposed allocation to the small claims track as Hermes has defended the claim, I'm fine with everything else on the N180 form (ticked yes for mediation) the only problem I have is the fact that it's asking for a local county court, but I'm in Scotland and we don't have county courts. Do you have any advice?

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I'm putting up a call to my site team colleague @Andyorch

 

Please will you put up the defence in PDF format. It's probably the same as the rest of them but you never know.

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Okay thanks. The usual rubbish trying to pass the buck onto pack link even though they are fully aware of the Contracts (Rights of Third Parties) Act 1999.

Hermes usual abuse and unfair treatment of their customers and as usual simply exploiting our excellent County Court service which comes them free of charge in order to frustrate your legitimate claim.

Stick by your guns.

When it goes to mediation, stand your ground. Read up the mediation stories on this sub- forum and let us know when you get the mediation date

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Yeah I did feel like they're just trying to spin it out as much as possible to see if I'll drop it but there's no chance of that. As much as I'd like to get my money back it's more about the principal of it and the fact they think they can get away with it.

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the only problem I have is the fact that it's asking for a local county court, but I'm in Scotland and we don't have county courts.

 

On the DQ N180...leave it blank  MCOL will allocate it to the defendants court ...I assume you have no desire to attend and offer your evidence pursuant to CPR 27.9

 

Its important you submit your evidence with a cover note once you get the courts directions and refer to CPR 27.9 that you will not be in attendance but will rely on papers alone.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

 

 

Andy

 

 

.

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