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    • I disagree that the motorists interviewed in the local paper had a better case than you.  OPS made it impossible to pay, and can be shown to have allowed this at best negligent situation to go on for months.   You've asked straight questions, which is fair enough.  If OPS did sue you, it would be for 2 x £100 PCN + 2 x £60 invented Unicorn Food Tax + £50 legal costs (remember these are capped at small claims) + £50 court fee costs + some interest = around £420.  There are three possible outcomes to a court case    - you win and owe £0.00    - you lose, the judge doesn't allow the Unicorn Food tax, you owe £300.00    - you lose, the judge is lazy and allows the Unicorn Food Tax, you owe £420.00.   Yes, fighting would take some work, however over many months, namely    - build up some evidence against them as in post 14    - read other OPS threads here so you get the right idea    - reply to a Letter Before Claim if it comes, we have loads of examples of snotty letters on the forum    - defend the claim should it be issued, we have a standard generic defence    - if the case proceeds, prepare a Witness Statement.  This has to be done seriously & properly.  However, again, there are examples compiled by other motorists here which you could use as a basis.   This is all worst case scenario of course, if they knew you'd be big trouble in court they might well give up before a court claim.
    • Hi there BankFodder and team - PARCELHERO filed their defence last Friday: below is what has been written:    * Claimant entered into an agreement to send a shipment via a carrier of his choice. * That carrier was Hermes. * For all Hermes bookings we do not offer any free cover in the event of loss or damage, so unless any is purchased, in the event of either loss or damage, a claim cannot be processed. * During the booking process the claimant, despite presented with the option to purchase cover, selected the option that states he will 'accept the risk' of sending his item without cover. * Unfortunately the claimants item was lost by their chosen carrier Hermes, so the claim was respectfully denied by Parcelhero.com Ltd as per our contractual agreement.   Here is the latest in the claim history -  A bar was put in place for PARCELHERO.COM LIMITED on 11/06/2021 PARCELHERO.COM LIMITED filed a defence on 11/06/2021 at 14:05:11 DQ sent to PARCELHERO.COM LIMITED on 14/06/2021   I gather from the MCOL user guide that I will now be sent a questionnaire to be completed and returned and that mediation is a likely next steps. As ever, I would be grateful for any observations or focus areas of advice you could offer.  Many thanks in advance, Martin   
    • stop thinking and using the word fine and you might understand how things work better   
    • Thank you both for your detailed replies. Yes, I agree, what OPS are doing is tantamount to theft, but in my case, I fear it's legalised theft. I can't find that many other OPS cases in this forum, but of those that I did find, including those mentioned in the news articles paid online, all had actually paid for their parking ticket, but were "fined" in spite of that. They clearly have a much better case than I do.   My one and only previous experience in the small claims court has taught me that it's not about what is fair and reasonable, all the judge cares about is the law, and what's in the contract. Dx, I'm sorry, I don't understand your comment above, and I still fear that I am (regrettably) legally in the wrong.   Dave, you admit that I would have to put in a lot of time fighting this case, and I'm thinking that really, life is too short, and that time is worth more to me than the £120. Nonetheless, I would contest it on principle, if I thought I had a realistic chance of winning.   I take your point about not getting a CCJ if you pay the "fine", but the stakes are escalating, surely. If I lose, I will have to pay the court costs as well as the £200 fine, won't I?
    • If you go to use a mediation service then you should use the one supplied by the County Court. To suggest ADR when first of all you have no idea how it is organised, who would provide it, how much it costs et cetera is simply asking for trouble. There is a motor traders trade association which will provide ADR – but don't forget that by and large they represent the trade. The fact you are asking whether or not conciliation services are offered free of charge shows that you don't know how it works so why on earth are you even bringing it into the equation? You shouldn't be considering anything without understanding what it is you are considering or proposing. Suggesting ADR immediately suggests that you are prepared to sacrifice some of your rights.  I don't see why you feel that you have to show some kind of goodwill after all the treatment that you have suffered – but on the other hand, we have understood by now that this is a man that you want to protect. Bless. Suggesting ADR without having a court process underway means that you giving out signs that you are still not fully committed to bringing a legal action – and you have demonstrated that since January by sending three threats of legal action and not following any of them up. By suggesting ADR again, you are going down the same path – why should anybody take it seriously.   On FastTrack, don't forget, you will only end up paying the other side' s legal bills if they win. On the basis of what you say, that looks like a very outside chance. If you did go on the fast track then you would also recover your own litigant in person costs at 18 quid an hour. Not much – but then it delivers an extra slap to your secret friend. Also, you would be able to claim interest at 8% per year so you would be looking at at least two years interest on 10 grand – 800 quid a year. Plus by the time this is all over, you could be looking at 300 quid or so in litigant in person costs. But of course the fast track is a risk that you will have to take. Check the figures I have put in the proposed draft, I calculated that it's about a year and 1/2 you haven't had the vehicle that you need to make it precise – at least within a month. I suggest that you post up here before you send it off.  
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Sent the standard 14 day letter and had a response back saying that 'the fsa gives us 8 weeks to investigate the matter and respond to complaints'

 

Whats the next step i should take ? Are they just using delay tactics and should i go ahead and issue the court order ?

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Guest ian cognito

Stick to your timetable, you have given them ample time to deal with this matter, more timewasting tactics on there behalf.

 

Good luck.

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Bore da Cymro.

 

Standard fob off letter. They are trying to impose their timetable on you.

Stick to your own timetable. You're driving this bus.... you decide when it stops.

 

Cofion, Rooster.

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Thanks Ian..Diolch Rooster

 

Is there a standard template letter for replying that their 4 week period is unacceptable ? Should i file court order exactly 14 days after i sent my first letter asking for refunds ? or a new letter stating 4 weeks is unacceptable but maybe allowing an extra week and giving them a date when i will lodge the court claim if they do not pay up by then ?

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No you dont have to send them any letters. Just carry on as planned.

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