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    • Thanks DX 100   haha i totally  agree with your comment about the page 20    Yes I am awake and been all night w my WS   BUT can I point this very very very impt point please, which I am not sure if it has come to your attention   1. The payment machine and 6 hours and the free parking after 4.30 pm on a Saturday etc....all taken on board.   HOWEVER, and I cant stop myself laughing, this pay machine  he eludes to is based at The Market Shopping Centre Car park , after googling it is in CREWE.  It is not even relevant. They have put in a signage that is not even at the Merry Hill Centre which is in the West Midlands.    The Merry Hill Centre is the one I went to in Dudley, west midlands. All the signages , apart from the one you elude to have the intu Merry Hill logo     The one you refer to is in Crewe. I have never been to Crewe in my life lol so that signage is totally irrelevant    we can play this either way:   1. can take up your line of argument regarding the 6 hours etc. and pretned we are also using the pay machine    OR     2. totally dismiss it as being irrelevant, misleading , wasting the time of everyone by providing irrelevant info. Thats what I have argued in my WS so far. That signage does not belong to inTu Merry Hill            This is akin to someone being on annual leave from work between say 1.10 .2020 and 1.11.2020, and then finding out one of his/her collogues saying,  I saw you leaving work early last week , the 15th of October 2020.   hello !!!, I wasnt even in the country on the 15th of October 2020 !!   essentially thats what the claimant has done . The signage on page 20 doesnt even belong to the shopping centre I went to   I will log out and carry on with th WS     Thanks again       .   
    • Thank you FTMDave. As you can see from the time now I have had a nightmare getting questionnaire answered due to scanner problems, it is up there now though. I do not have proof of breakdown as the alternator was bought from a breakers yard near Chelmsford. I remember it well as they sold me the wrong one on the Saturday and I had to go back in my mechanic friends vehicle on Sunday as I had broken the original alternator getting it off.
    • 1 The date of infringement? 19/12/2019   2 Have you yet appealed to the parking company yet? [Y/N?] No. I did, unfortunately use the MyParkingCharge.co.uk portal to deny liability as the keeper and deny any contract. I mistakenly thought this was where I made a SAR. (I now see looking at the site again that it is actually. https://excel.zatappeal.com ) This was replied to as if it were an appeal.   if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]   has there been a response? yes please AS A PDFFILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]   If you haven't appealed yet - ,.........DONT ! seek advice on your topic first.   have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] Yes. Issue date indicates that if "contravention" date is day 1 then NTK was issued on day 15 so arrived well before day 29. Document received was PCN/NTK in one. (see pdf)   what date is on it Issue date is 02/01/2020   Did the NTK provide photographic evidence? Yes   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide]   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] NO   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] Suggested appeals could be made via IAS   5 Who is the parking company? VCS   6. where exactly [Carpark name and town] did you park? Broke down on service road of Southend Airport, Southend-On-Sea   please do not put JPG Picture files into your post   .............................   For PCN's received through the post [ANPR camera capture]  (must be received within 14 days from the Incident)   please answer the following questions.   1 Date of the infringement 19/12/2019     2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 02/01/2020.   I recall noting, when it arrived on Saturday 16th Jan 2020 that this was more than 14 days from "offence" date.   [scan up BOTHSIDES as ONE PDF- follow the upload guide] please do not put JPG Picture files into your post   3 Date received 16/01/20   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y/N?] post up your appeal] Not as such. See this entry for PCN above.   Have you had a response? [Y/N?] post it up As above.   7 Who is the parking company? VCS   8. Where exactly [carpark name and town] Broke down on service road of Southend Airport, Southend-On-Sea   For either option, does it say which appeals body they operate under. Initial appeal to be via www.myparkingcharge.co.uk then via IAS   There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   If you have received any other correspondence, please mention it here I have subsequently received a Demand for Payment dated 28/02/2020.  outstanding balance £160 Final Demand posted on 16/03/2020         outstanding balance £160 LBC dated 27/03/2020.                                 outstanding balance £160 with estimate of court fees £25 2nd LBC from ELMS legal dated 30/10/2020 listing estimated fees of   Principal debt £160                                                                                                                        Estimated interest £12                                                                                                   Estimated court / hearing fees £50                                                                                                          Estimated solicitors' costs £50                                                                                                                              Estimated total £272   windscreen or ANPR section to your thread and answer the questions... …….... in either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY please do not put JPG Picture files into your post   NTK plus .pdf
    • Have done the email address thing. The order specifically states just the applicant ?
    • you are not the applicant but you must: • You must confirm your preferred email address for the invites to be sent too  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Hi All

 

Need help before tomorrow.

 

Been to court over council tax bill and had a liability order set.

I sent them a letter giving an offer of £25 month with income and expend.

 

Heard nothing, until today when got a notice of attendence adding another £50 on top.

 

Called rossendales and they say they never got my letter......

 

I spoke to the bailiff and he said we could meet tomorrow and he needs to take a goods list. If i refuse he will pass it to the van people?? (He said the heavies).

 

He said if i couldnt pay in full he would have to add about £50.

 

Need advice quickly.....please......:|

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DO NOT LET THEM IN THE HOUSE BY ANY MEANS - Phone the council and explain that you have sent them a letter with a reasonable offer but Rossendales are refusing to accept this. Ask the Council to agree to this and phone Rossendales and tell them to accept this.

 

Tell them the exact wording they used and that you feel intimidated and would like to communicate through the council with them. Also have you had any other communications with them

 

SFx

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If your council refuses to help, which they often do, and the bailiff comes round dont let him in for a start, he is NOT ALLOWED to force his way past you. have a witness with you go outside to talk to him if you have to,closing your door behind you. Hand him a copy of the letter you sent, and ask him for a receipt, if he refuses you have a witness to this. Tell him its a copy of the letter that you sent with an offer of payment and you will look forward to hearing from his company with regards to this offer. Doing this you are showing that you are willing to pay. If he starts with threats of calling the police or any threatening behavior towards you ask him for his name and badge number and tell him if he dosnt leave you will be forced to call the police and report this incident to his employers and to the council that is involved. good luck

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They have not refused my offer they say they never got it.

 

I am sending another one today recorded delivery and called the bailiff to say that i will not meet him tomorrow due to another letter to rossendales.

 

Found a letter on a post about bailiffs and council tax.

 

Should this be the last i hear from him??

What if they do not accept my offer??

 

(£35 a month on £845 debt over 24 months).

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They have not refused my offer they say they never got it.

 

I am sending another one today recorded delivery and called the bailiff to say that i will not meet him tomorrow due to another letter to rossendales.

 

Found a letter on a post about bailiffs and council tax.

 

Should this be the last i hear from him??

What if they do not accept my offer??

 

(£35 a month on £845 debt over 24 months).

if they do refuse then I suggest to get some legal backing or give your local CAB a call

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I would be surprised if they do accept it over 24 months, however, an argument you can use to the council is if they up it then you will be unable to pay this years council tax. (Unless it is this years).

 

Have you spoken to the council yet?

 

SFx

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[quote=marky74;881969

I spoke to the bailiff and he said we could meet tomorrow and he needs to take a goods list. If i refuse he will pass it to the van people?? (He said the heavies).

 

He said if i couldnt pay in full he would have to add about £50.

 

Need advice quickly.....please......:|

 

Just to add to the other good advice on here - from what you are saying the bailiffs have never gained entry into your property so have not levied on any goods yet?

 

They are limited what they can charge for where no ntry gained & no levy made - It's £24.50 for 1st visit & £18 for 2nd visit - they can't charge for man with a van or anything else AT ALL where there is no valid levy. If you have a car park it a couple of streets away if possible.

 

If you find your local authority unhelpful (some will say they can't take the debt back but they can at their discretion ) you should ask your local councillor to intervene for you and put the money you have offered aside anyway so you have a lump sum to offer. As the bailiffs are so limited in what they can charge they will have to pass the warrant back at some point anyway.

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Marky 74 Please make a list of all calls/times/visits etc etc.. It might be usefull later.. The bu**ers had £££hundreds out of me over 4 years for visits/vans they couldnt possibly have made.. I never had the benefit of this site, so if there is one golden rule its allready been said

 

"" DO NOT UNDER ANY CIRCUMSTANCES LET THEM IN ""

 

(can you borrow a big ferocious barking dog) ? Its not that bad honest, but you have to stand up for youself GOOD LUCK....

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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