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hakawaka92

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  1. Thank you for the reply oh right okay.. may be that isn’t the case then. The thing I want to mainly raise with them is that the letter she received to respond back to and give her explanation of events was received past the respond by date. She didn’t have 14 days to respond to. Once she received the letter it had already been 3 days past the date which has given her no chance for them to even consider. I understand based on technicalities yes, she didn’t have a ticket in the end but she wasn’t given a fair chance to explain herself and when she did a decision had already been made. Who knows the person looking into her reasoning may have accepted it so we can’t really judge it at all. Had it not been for RM strikes she would have had her response sent before the 14 days. there isn’t a hearing date as yet but she has to respond with a not guilty or guilty plea. I’ll send over the letter later when I get the chance thank yoh again! .
  2. Hello all, I’m back! i hope you all had a lovely Christmas and all best for the new year. i have a dilemma and speaking on behalf of my girlfriend. She received a penalty from an inspector but was never issued a penalty fare (£20) and was given a prosecution one instead. She expected the £20 fare which she was happy to pay for but just today she reviewed a SJPN ordering her to pay £135!!! She received no reply regarding her reasoning of not paying. I have copied and pasted what she sent to them which she had received on the 28th December and was received late due to Royal Mail Strikes: In response to the notice I would like to firstly apologise for the error on my part and I take full responsibility for this. Secondly before I begin I would like to highlight that the delay in my response is due to the fact that I received this notice on the 28th December 2022 - 17 days after the date it was issued. The letter states I needed to respond within 14 days making it late by 3 days already. I believe this was due to the numerous royal mail strikes that have occurred during this month, however for this reason I hope the lateness of my response will not implicate me further. I constantly travel through Thameslink to commute to work in London and have never failed to pay for my fare, apart from this one occasion I did make a genuine mistake that I’ am taking full responsibility for. On this particular day I was rushing for my train whilst trying to purchase my parking and train ticket, I had a low percentage battery already so I was trying to buy these as quickly as possible before it dying completely. After paying for my parking I honestly thought I managed to get past to the point of payment as I had used my Apple pay to purchase my ticket through the Trainline app ( as I always do). Once managed to run on the train my battery was completely dead and I did not think much else of it. At St Albans a staff member came on asking for tickets and I was honest with the gentleman explaining that I had no physical ticket to show and that mine was on my phone. I understand now after he explained to me that this is a common excuse train jumpers use to get out of paying for their tickets but this was a genuine mistake on my part. Once I got to work and managed to charge my phone I checked my app to realise I hadn’t actually purchased it and I was mortified. I immediately jumped onto the website the train staff had given me and wrote down a brief explanation of the situation. I have no reason to not paying for my fares, I have a railcard and rail travel vouchers to use towards tickets, I use the train services every week to travel to work and have never failed to pay for my ticket. I apologise greatly for my poor/lack of judgement on that particular day, moving forward I plan on purchasing physical tickets at the station to avoid this ever happening again. She received the letter late and went past the 14 days which probably explains why she had received the extortionate court fine. is anyone able to assist with this or give advice? Would really appreciate it! many thanks
  3. Hi there, many thanks for your response I have checked the address and it does not show as flat it shows as any flat number in that building. just 26 Ridley Close. So really RM are wrong. i have attached the response from RM they gave today. i actually believe the person is genuine but it’s not easy to tell! im just worried if I end up having to pay for this even though eBay closed the case in my favour! i also used RM special delivery so they can’t deliver to neighbours has to be the named person at the address from my understanding.. 2022-06-24 RM reply.pdf
  4. Hello all, I am back on the group! currently have an issue.. So back in May, I sold an item valued around £600. The customer needed this next day as the person was leaving to go to India. The item was for a friend. I suggested to the buyer that I only really use UPS rather than RM but the item would have arrived on the day he was leaving with UPS. I advised that I recently I’ve had problems with RM (which was true) but he insisted I used RM. I proceeded and now have this issue. RM delivered the parcel to his flat (flat consists of about 6 flats in a building). The customer claims he didn’t get it. After RM investigation they said the post man/woman delivered to the right address as per gps location. They also said that the post driver delivered to a Romanian woman (I find this very random and odd tbh, how did he know the person was Romanian and why did he deliver to that person). I went with escalations and now it’s with the postal review team. I have argued that even though it was delivered to the address it wasn’t delivered to the right flat. The address was something like 26 ‘RoadName’ but when looking at google maps the building shows there are flats 21-26 in that building. I have argued that despite it being in the location that doesn’t prove that the driver delivered to the right door. The customer has said RM left no notice to say it’s been delivered to a neighbour either. It’s hard to believe whether the person is genuine or not but now he has come back and insinuating I should refund him. He took this with eBay and they closed the case in my favour as it was delivered. It’s left me so frustrated as I’ve done nothing but go out of my way for this guy even when eBay closed the case. He’s just arrived back from India so I’ve asked him to check with his neighbours as it’s a flat of about 6 flats. Is there anything that protects me at all? I really don’t believe RM should have given to a neighbour even though it wasn’t requested especially for an item I marked as valued over £600. I believe this is their fault and very lazy as a driver to go ahead and be so careless. Thank you
  5. summary of what I can remember what happened: So my booking slot was from 9-11am and they called around 9:40. The mediator started with the call asking a brief history of what has happened with my case with Hermes. I had given my stance on it and she explained how Hermes denied responsibility and that I should have sued Parcel2Go as that was the contract i signed with and not Hermes. I explained that the ‘Third Parties Act’ protects me from this and makes Hermes liable. She then took what I said and spoke with hermes. About 10 mins later.. She came back saying Hermes have insisted that it is my fault for not suing parcel2go. I rejected their claim and this is when she started saying how this isn’t part of mediation and I should cooperate. I pointed out that I am cooperating by not allowing them to mediate here and not go via the courts. I would be doing them a massive favour as a court judgement could set off a major precedent not only for Hermes but other couriers. 10 mins later.. Mediator called and said hermes still are denying responsibility and that I should have sued Parcel2Go but (drum roll) as a good will gesture they would pay me £300. She also mentioned again how I need to compromise so I said okay, I’ll knock off the insurance as a good will gesture (£4 or so). She then also mentioned that I didn’t have insurance and I said that this is irrelevant and not in their defence. If Hermes want to discuss about insurance then they should go about it in the appropriate way. I did throw in that if they want to talk about that then the consumer rights act protects me from this too as my goods were in their control, they had admitted losing my parcel so they failed with the duty of care. She then went back to Hermes. 10 mins later.. Hermes came back with a “final” offer of £570 and that they won’t pay the courts fee. At this point I just wanted it over and done (needed to get ready for work) so I stopped the lady half way and said “okay, you can go back to them and say my final offer is they pay half my court fees”. She went back Few mins later.. Mediator called back saying that Hermes have accepted my offer which was £605. Overall, the process was fairly straight forward. The mediator wasn’t difficult but was insisting to cooperate a bit more. If you want to cooperate just stick by saying you are cooperating by not letting it go to court. There was some bits I may have forgotten to include however, you just have ensure you say you are happy to go via courts. You are not concerned. My mediator did try to throw me off saying they have already court cases and won (which I didn’t really believe tbh). I also insisted that I am sure she is aware that Hermes lose parcels all the time. Even though I gave in to £35. I am extremely happy with my outcome and I very grateful for the admin on this amazing site. I have offered to get a type up of my notes done to help anyone else reading this and others who are facing this huge problem Hermes (Evri). I haven’t had time but I am on annual leave from Monday so will get it done Good luck everyone and thank you to the admin for the amazing support. My donation coming shortly after this post.
  6. MEDIATION CASE WON AND CLOSED! Just a quick update for you all as I don’t have much time but will give a detailed response later/tomorrow morning after work. But to summarise: It was agreed at £605 from £640. @BankFodderi hope you aren’t too disappointed but they called later than expected so it got to the point I just wanted it done rather than the whole back and forth thing and needed to get ready for work. Overall I am ecstatic that I (we) defeated these crooks. just want to say a huge thank you for the team here helping me with this and I will put up a donation later today (if I forget will be tomorrow). i am also going to produce a word document which I hope helps the team here too and other people which could maybe be added to your library? once again, thank you so much It’s really appreciated!
  7. Great thanks for that!! also I don’t know if you remember but the parcel eventually got to the customer after weeks.. but it was tampered with. Hermes insisted that it was still lost and in their defence mentioned nothing. bit worried if they some how found out and bring it up. Anything I can do incase if it arises? It is my understanding that any changes they bring to the table they need to pay for all the changes etc.. thank you
  8. Just realised my post didn’t send.. so as my claim is fixed for £640 so means I need to work it out? so I take it it starts from the day they confirmed they lost it or from when I shipped it? And then up until the mediation date? thank you
  9. Yeah I noticed that. Shame really after all the help you offer. Maybe they couldn’t be bothered getting their money back..
  10. Yeah, i understand how the mediation happens and have ready the summaries but it was mainly a bit nervous as hermes are adamant on solely the point around me not suing parcel2go. Anyway, i do feel better than i did when i last wrote it after reading some more. I have read more than a handful of cases of **WON** cases but is there a way i can only see these cases rather than pending ones? I was trying yesterday but i found too many unresolved pending. But with the interest, who works that out? I don't know how it's worked out is it added whilst on the phone to mediator?
  11. Thanks for the additional info! Just to clarify.. "Make sure that Hermes realise that if they try to defend on these points, this will be the last time that they have a do it." so in other words they will lose the case and this goes out to the public/media etc.." i have been reading around most my evening (and now) of any other cases i could find around the forum. So have a few additional things.. I might be wrong but i haven't seen any other cases where hermes have only pointed out one thing as their defence. In a way makes me slightly more nervous but i trust the points i give back in response should be ok. Proof of evidence? I don't recall giving proof to them but i can get an invoice from eBay (requested it just now as i didn't know it only stays for 90 days!) I believe i should actually have reduced my amount by £1 as i would have been charged an ebay fee. I can't quite remember how the ebay refunds work with fee's. Interest? How much interest would it be if it's asked? I am partially thinking if the mediator really wants me to compromise, the only one i will do is removing this (possibly). But like i have ready elsewhere is to stick to my guns. Thank you sir, i should probably get some rest now
  12. Thank you for the some more details again, it is much appreciated. I have made these into notes of my own words so should be very helpful. My item isn't on the prohibited list so they shouldn't come with that but at least i have a good response to them if they do. I hope that it goes this straight forward haha! If i feel anything pops up in my head i will drop another message. Everything is on here anyway I will post on here on the day of what's happened! Thanks again!
  13. Thank you for that recently I’ve been getting a bunch of spam etc that’s going in my emails. I wish I hadn’t of used that email address in hindsight so completely missed it. I’ve had a lot going on the last month so I don’t think I was concentrating very well. Regarding the insurance, I didn’t get insurance with Hermes. you’ve already given me some brilliant pointers but is there anything else I could possibly be ahead of? I know from reading others posts on this not to give in to them at all. I’m just thinking worst case scenario if I keep rejecting their negotiations will this end up in court? I know it would definitely not be in their interest but that just concerns me slightly! i am sure you have also heard that Hermes changed their name too? Would that be worth bringing up to mediation? Just find it ridiculous how they have now changed their name because of the rubbish service they have given
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