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    • I can only speak from personal experience. But a similar thing happened to me. Seriously dented door.  I made the other insurance pay. They regarded it as a write off. Took the money, replaced the door. Never heard anything more about it.    Except clearly someone sold my details to claims company, because I got loads of calls in bad English for a few month's 
    • The incident was 03rd March 2024 - and that was the only letter that I have received from MET 15th April 2024 The charge I paid was at the Stansted Airport exit gate (No real relevance now - I thought this charge was for that!!).   Here is the content of email to them (Yes I know I said I was the driver !!!!) as said above -  I thought this charge was for that!! "Stansted Airport" Dear “To whom it may concern” My name is ??  PCN:  ?? Veh Reg: Date of Incident: 03rd March 2024 I have just received a parking charge final reminder letter, dated 10th April 2024 - for an overstay.  This is the first to my knowledge of any overstay. I am aware that I am out of the 28 days, I don’t mean to be rude, this feels like it is a scam My movements on this day in question are, I pulled into what looked like a service station on my way to pick my daughter and family up from Stansted airport. The reason for me pulling into this area was to use a toilet, so I found Starbucks, and when into there, after the above, I then purchased a coffee. After which I then continued with my journey to pick my daughter up. (however after I sent this email I remember that Starbucks was closed so I then I walked over to Macdonalds) There was no signs about parking or any tickets machines to explains about the parking rules. Once at Stansted, I entered and then paid on exit.  So Im not show where I overstayed my welcome.. With gratitude    
    • Just to enlarge on Dave's great rundown of your case under Penalty. In the oft quoted case often seen on PCNs,  viz PE v Beavis while to Judges said there was a case for claiming that £100 was a penalty, this was overruled in this case because PE had a legitimate interest in keeping the car park free for other motorists which outweighed the penalty. Here there is no legitimate interest since the premises were closed. Therefore the charge is a penalty and the case should be thrown out for that reason alone.   The Appeals dept need informing about what and what isn't a valid PCN. Dummies. You should also mention that you were unable to pay by Iphone as there was no internet connection and there was a long  queue to pay on a very busy day . There was no facility for us to pay from the time of our arrival only the time from when we paid at the machine so we felt that was a bit of a scam since we were not parked until we paid. On top of that we had two children to load and unload in the car which should be taken into account since Consideration periods and Grace periods are minimum time. If you weren't the driver and PoFA isn't compliant you are off scot free since only the driver is liable and they are saying it was you. 
    • Thank you dx. I consider myself well and truly told :) x Thank you dx. I consider myself well and truly told :) x
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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3 parcels not delivered Hermes


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The fastest way to get help is to type in hermes in the search box of our top red banner.  Then to read a good few 10's of threads to fully understand the process from the info you need to gives us in full, then through the process of complaint, letter of claim and finally court filing..

 

Everything is here in the minute detail in most hermes threads.

 

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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Thanks for the reply.

Have submitted loss claims with paclink and am awaiting their response. 


One of the parcels was according to tracking DELIVERED, then back at the depot, then damaged and unaccounted for and finally delivered, but the recipient has not got the console.

 

Hermes have even supplied photos of the parcel at its delivery location.

Edited by dx100uk
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forget paclink , they are in spain, out of UK legal jurisdiction you cant sue them

 

as i said read up and go after hermes

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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As my site team colleague has said to you, read up all the stories – or as many as you can face about Hermes on this sub- forum. You will then understand the route.

In particular, make sure that you understand about the Contracts (Rights of Third Parties) Act 1999 which is the act of Parliament which allows you to sue Hermes instead of having to sue Packlink.

Also I'm especially interested in the fact that they say that something was damage and so they destroyed it. Please can you tell us more about this. You may be able to get extra compensation for this Under the Torts (Interference with Goods) Act 1977.

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With the damaged parcel, Hermes sent an email of apology to the recipient and stated that it was unaccounted for.

 

The following day the parcel was delivered, but extremely damaged. The recipient is now returning the item to me, because of the damage for a refund.

 

I am currently reading some of the other posts about Hermes and from what I have read so far, I will definitely be looking to sue Hermes for at least two lost parcels.

 

From the amount of current bad press about Hermes at the moment, their legal department is going to become very busy.

 

With the rights of third parties, do I understand correctly, that it is Hermes who are the third party, which is why I can sue them.

 

Thanks for your help.

 

 

 

 

Edited by dx100uk
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correct (you are the 3rd party mind)

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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7 hours ago, Charlene Harper said:

 

With the rights of third parties, do I understand correctly, that it is Hermes who are the third party, which is why I can sue them.

 

 

Not quite.

It is you who are the third party as you are the intended beneficiary and therefore you enjoy third-party rights to bring an action even though you are not privy to the contract.

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I would like to continue and sue Hermes.

The first PS4 console has the last tracking update on 05/11/2021, when it was ready for delivery. Can I sue them for this parcel.

The other 2 PS4 consoles were lost during December 2021.

Can I sue Hermes for all 3 consoles being lost?.

 

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Yes, you can sue for all three but I suggest that you do one at a time – or at least the damaged one first, which seems to be the one in respect of which you have most evidence.

If you are happy with that approach then tell us more about it – was it correctly described, what was the declared value?

Also have you done the reading of the Hermes stories on this sub- forum?

In respect of all three, where they all sent at the same time? Which area are you in because is free to go missing – and presumably through the same depot somebody is helping themselves

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The first lost parcel was last tracked on the 05/11/2021.

It arrived at the destination centre and was due for delivery and then it was declared as lost.

I have since received £20 compensation for the console and £5 compensation for the postage refund.

The value of this item was £140 plus £4.82 postage.

The value was declared as I used paclink.

 

In respect of the damaged console, I have not received the return of it yet and when I receive it I will test it to see if the console and contents are damaged.

 

All 3 parcels were sent at different dates and to various addresses.

 

I am taking screenshots of all the information and correspondence I have obtained from Hermes, as when I do sue them, l suspect Hermes may cancel my account,

Edited by dx100uk
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We've never heard of any bodies account being cancelled by them but certainly it is worth taking prudent measures in respect of evidence.

Can you give us more information about the damage companies. What date did you send it – please give us a bullet pointed timeline and maybe we can see the messages you have had in respect of it.

When did they say they were returning it to you? I suspect you may never see it again – in any condition.

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The damaged parcel was sold on ebay and I have sent a return label, which will be returned via Royal Mail 48 Tracked.

If I do not receive the console back, then no refund will be sent to the buyer.

I will keep you updated when and if I receive it.

 

I would like to continue to bring a small claim in the County Court.

Concerning the first lost parcel, am I correct in that I should now start to draft and send a letter of claim via email and letter by post to Hermes.

Edited by dx100uk
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I thought that it was Hermes who had it and were going to return it to you. I now understand that it is being returned by the buyer.

There's really nothing you can do over Christmas – and I suggest that you wait until you receive the damaged parcel and focus on that one.

I asked you about the identity of the depot or the area you haven't responded to that.

If you have read the Hermes stories then you will see that the first step is to make a formal complaint to Hermes and to wait about 10 days or so either to be declined or else to received no response. Then we move to the next step.

Given that it's Christmas, I'm afraid that it's probably going to have to wait at least until next week

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So the only geographical point they have in common is where you sent them. Did you take them to a parcel shop or something? They must pass you your local depot and maybe you can tell us where that is

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The first parcel was last scanned at its destination depot in Chobham and was due for delivery, but was never delivered and declared lost by Hermes.

 

The second parcel was last scanned at its destination depot in Enfield and was due for delivery, but was never delivered and declared lost again.

 

The third parcel was last scanned at a centre.

This is what the tracking states;

Shipment has arrived at a centre.

This was going to London E1 and tracking never moved and this has also been declared by Hermes as lost.

Edited by dx100uk
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Thanks. That crashes that theory. I was hoping that there might be a problem at one particular depot which would have added leverage to your claim against Hermes.

 

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I will be sending via email and recorded delivery letter a formal complaint to Hermes about the first parcel they admit to being lost on the 05/11/2021.

 

Obviously the parcel reference number is included as well as the date of the last scan and the date of the reply from Hermes about it being lost.

 

I have also said that the £25 compensation from packlink is not an amicable solution and that I would like the full amount of the value of the console including shipping and vat.

 

If an amicable solution[the full amount of the console plus postage and vat], is not found then I will pursue legal action.

Does this sound ok?.

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don't waste money on recorded simply use 1st class post and get free proof of posting at any PO counter.

 

you are only at the complaint stage, you should not be threatening legal action until you issue a letter of claim.

  • I agree 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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Share on other sites

I understand that you sent them a letter of claim is that correct? Please can you post up the text it here.

 

Or better still, you haven't yet sent the letter of claim that you are proposing to do so – in which case can you please post up the text here so that we can check

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