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    • No i don't own any property in UK.   Noted thanks for the help
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    • Thanks very much indeed for updating us and also thank you very much for this very helpful message.
    • Dear Bankfodder and CAG team,    Firstly, my sincere apologies for leaving the final checks on my case to the last minute - a major learning for me going through this process is that a lot can happen that is relevant to the case between the time one submits a witness statement and evidence to the court and the day of the trial. In my case, another judgement came to light which was highly likely to influence the outcome of case and I seriously risked missing out on being able to submit this by losing touch with the forums.    Secondly, I'm pleased to say that my claim was successfully upheld at court yesterday - the judge agreed that ParcelHero's terms caused a significant imbalance in the parties' rights and obligations under the contact under section 62 of the CRA 2015. The judge felt that ParcelHero's clause allowed non-performance of deliveries with very limited exposure. The judge was clear that, due to the fact I had stated the full value of the goods, the responsibility of the loss should sit with the supplier, ParcelHero.    Finally - it's entirely thanks to this forum and BankFodder that I was able to educate myself and be armed to answer questions appropriately in court. Anyone reading this should give themselves plenty of time to prepare their court documents, be aware of the specific Consumer Rights Act clauses and be able to make the case, in their works. You don't need to be a lawyer to do this - the judge was really supportive - but you need to know what you are asking in order to be credible at court.    Thanks again - I'm really happy to support anyone else who is in a similar situation and who, like me, has never been to court or worked through anything legal before.    Cheers! Martin 
    • Hello there,  I have an issue to resolve and I’m looking for someone that can help us with an advice.    So we are trying to resolve the issue with Parcel2go about our bike that was lost in Ervis local depot.  I’m a private seller and I sold a mountain bike for £1000. I booked a collection service from Ervi through Parcel2go and after collecting the parcel vanished. When booking I didn’t choose additional protection.    I contacted Ervi about the situation and they said we need to contact Parcel2go. We created a claim over at Parcel2go website and it was rejected.    I followed the other similar thread and followed the beginning steps up to the Complainant Letter. I got a response and now I’m not sure what my next step should be. Should I reply again to their message?  I inserted both Complaint Letter and Parcel2go response below.  Any advice and help will be highly appreciated.    COMPLAINT LETTER: To Whom It May Concern:   RE Enquiry number: XYZ   I am writing today to complain about the decision of my claim being rejected on 03.05.2022.   Below is a summary of my experience with your courier service:   11.04.2022 I bought and booked a collection service from your company by Ervi Collection scheduled on 13.04.2022. I paid £24.99 + £5.00 vat for your service to transport £1000 worth bicycle. I did not choose to get additional protection.    13.04.2022 No courier turned up at any point of the day having my partner wait pointlessly as no one was bothered to inform myself that collection will not happen.   14.04.2022 at 12:35 local courier collected my parcel(X). On the same day at the same time(14.04.2022; 12:35) the previous parcel(Y) has been cancelled by Ervi. I was not informed about two different parcels being created which created unnecessary confusion. The buyer of the item informed me that his tracking system showed the parcel to be cancelled and was not aware of that and even able to answer his questions.   16.04.2022 at 13:22 Ervi app shows message "Your parcel is being sorted at the senders local depot" and that is where our parcel vanishes.   29.04.2022 at 12:01 I created Loss enquiry with order reference: XYZ and straight away got a message that further information is being requested from the courier and that I will be notified if they reply to our request.   03.05.2022 My enquiry has been rejected by Parcel2Go.    The reasoning behind rejecting my claim in this instnce was that the record did not show that I opted against taking parcel protection during the booking. Your company agreed to refund me for the cost of delivery however I do not agree with the outcome. Even though Ervis's tracking and delivery system says the parcel was lost it still remains in their possession in an unknown location. It is rather ridiculous to lose a parcel the size of the bike.  At the end of the day, it is not an envelope.   In this case under the Contracts(Rights of Third Parties) Act 1999 and Consumer Rights Act 2015, I am writing to claim full compensation from Parcel2Go for my missing parcel with a total value of £1000.   If my claim is not approved within 14 days of receipt of this letter, I will issue proceedings against your company through the county court.   Kind regards,   Parcel2Go RESPONSE:   I hope this email finds you well. I can see from your case file, that the claim was rejected as no parcel protection was taken. We can raise a parcels search again with the courier however if this come back negative I am afraid there is nothing further we can do. During the booking process, you were asked to declare the value of your goods and at this point, you would have been given the option of taking extra parcel protection to protect your goods in the case of loss or damage. As this option was declined no parcel protection was added to your order and as a result of this, we are unable to issue a claim for the goods on this occasion. I am afraid, as a company we self-certify all of our claims and would not be able to claim directly from the courier.  In order for us to raise a parcel search can you provide me with the following information.   Full description of the goods-  Make -  Model -  Serial number -  How packaged -  Colour of packaging -  Colour of inner packaging -  Colour of goods -  Number of items- Any distinguishing features (Logos/labels/coloured tape etc)   Thank-you.   Once again, I would like to offer my sincerest apologies for any inconvenience this matter has caused. If I may be of any further assistance regarding this or any other matter, then please do not hesitate to come back to me.
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Highview / DCL(L) Claim form- Buzz Bingo Maidstone


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Hi alll,

 

Plesae i need help to defend this claim.

 

 

Name of the Claimant : HIGHVIEW PARKING LIMITED

 

Claimants Solicitors: DCB LEGAL LIMITED

 

Date of issue – 12/1/22

 

Date for AOS - 26/1/22

 

Date to submit Defence - 11/02/2022 - dx

 

What is the claim for 

Particulars of Claim

1 . The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXXXXXX at Buzz Bingo Maidstone

2. The PCN details are 22/04/2019 XXXXXXXXXXXXX

3.The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s)

4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding.

 

The Contract entitles C to damages.

AND THE CLAIMANT CLAIMS
1. £170 being the total of the PCN(s) and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £O.02 until judgment or sooner payment.
3. Costs and court fees

 

 

**IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION

 

What is the value of the claim?

 

 

Amount Claimed £208.68

court fees £35

legal rep fees £50

Total Amount £293.68

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  • dx100uk changed the title to Highview / DCL(L) Claim form- Buzz Bingo Maidstone

pop up on the MCOL website detailed on the claimform

.

register as an individual on the Gov't Gateway Site
Go to HMRC's login page.


Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...


You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 

then log in to the MCOL Website

.

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

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim


type your name ONLY


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.

………….
 

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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20 minutes ago, thugusher said:

Thanks for the quick response. Can i send an email to DCB Legal requesting the  CPR 31:14 or it needs to be by post?

You never ever use email  on any debt!! You should know that.

and youve thrown everything away..

 

pretty poor for a member of over 10yrs here......dx

why did you not come here on day one when you got the very 1st letter and seek advice or atleast selfhelp..which is cag's major function?

 

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

 I know that Highview are a bunch of  *********s but it is probably best to hang on to documents from them in the event that they do decide to act. 

 

However it's not fatal as they will have to provide that data in their Witness Statement should they decide to go that far. On the other hand, if we had that info. now it may have been possible to get them to drop the case if they had not followed the correct procedures. 

 

I cannot see anything that does not allow the CPR to be sent by email. And I doubt that the numpties at DCBL would know anyway. If they don't accept it, you can use snail mail or back it up now with a letter in case they won't respond to the email.

 

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must of been very old threads?

that went out the window when the pre action protocol system came in.

you never ignore a letter of claim, which i will pretty much bet you got a few months back with a reply pack wanting I&E details too ??

 

get AOS/CPR done today - you've already lost/wasted/delayed by 2 weeks - they should be done on DAY ONE.

 

you've only a total of 33 days to file your defence!!

 

 

 

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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:whoo:

 

now use our enhanced google search box

 

PCN Claimform

 

and get reading a good few 10's of threads that pop up, get totally upto speed.

 

i have amended your unknown answer to your defence filing date in post 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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