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    • The argument about the date of receipt is now dead because the PCN  does not comply with the wording  of the Protection of Freedoms Act 2012 Schedule 4.  First reason Section 9 [2] [e]  "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—(i)to pay the unpaid parking charges;" Second Reason Section 9 [2][a] "specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;" All your PCN does is mark the time you entered and left the car park. It does not include all the myriad things you do in between-driving into the car park, looking for a parking space-perhaps a disabled space or  parent and Child place@ getting the children or disabled person out of the car then going shopping. Coming back; loading the car with shopping [, getting the children or disabled into the car, taking the trolley back to the store; driving to the exit perhaps stopping to let vehicles/pedestrians cross in front of you etc. so subtracting the driving times from before and after parking can make quite a difference from their time to the actual period parking time. So the upshot is now that only the driver is responsible for paying the PCN and the keeper is not liable at all even if the name of the driver is never known by Nexus so well done for not appealing. You obviously want to keep it that way to make it very difficult for them to win in Court if it ever goes that far. Although your question is now moot since  the same objective has been achieved by the non compliant PCN [ie no keeper liability] just  about the only way to dispute the timing of the PCN would be if one kept the envelope and there was a discernible date stamp on it that did not match the date on the PCN. There is a new Act coming out [and it cannot come quickly enough ] and one of the things required is that parking companies will have to prove the date of sending out their PCNs. We are not the only ones who sometimes doubt the veracity of their dates particularly as the later it is sent [unlawfully] the shorter the period motorists have to benefit [?] from the reduced payment. I haven't seen it on your posts but do you know how long you are permitted to park for free?
    • I was so annoyed and frustrated about the fact this case was lost it's been floating around my head all night. Dave962, are you sure that's what the Judge said? .... It doesn't make sense. Did the judge in fact dismiss the case on the grounds that the defendant did not make an appeal within 28 days? Effectively telling the PPC about the error entering the registration number and providing proof of payment at that time? To me, that's an important point.  
    • The United Autoworkers Union took a risk in a Republican - and often anti-union - part of the US.View the full article
    • good spot...though i'm unsure, but it does seem like it can't be related to this latest issue as the OP mentions she knew nothing about the  order. dx  
    • wasn't that for the CCJ for the mental capacity with the leaseholder?   SO would be different to this.
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Orange late payment fee


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Hello all, I am really annoyed with orange for charging me £5 for late payment even though I paid on time. I am going to send the following letter which I hope will work:

 

 

Orange Customer Care

Orange UK Plc

PO Box 486

Rotherham

S63 5ZX

 

Dear Sir/Madam

 

I was annoyed to have recieved my bill this month to find a £5 fee added to my bill for late payment.

 

As you can see from highlited entry on the enclosed satement of the 12/07/2007, I made a call to yourselves on the 02/07/2007 which lasted 5:12 and made payment via debit card.

 

In the terms and conditions set out by yourselves located at:

terms of use for Orange Broadband & other services there is no reference to a billing cycle or how long from the issue of the statment I have to pay, therefore it is assumed under british law that the billing cycle be 30 days from date of issue.

 

Due to this fact I find it astonashing that you think you can charge me a £5 penalty for late payment.

 

Additionally, under british law, a company is only allowed to charge what it costs them due to customer missing a payment, I somewhat find it difficult to belive that it costs you £5 due to me not paying on time (and I did pay on time). If I am wrong and it does cost you £5 for me missing a payment, please would you be so kind as to elaborate the breakdown for this cost in your reply.

 

 

What I want.

 

I trust that you will understand my dissapointment in your company and seek to put it right.

 

I will NOT accept this charge and expect that you either refund me the £5 late payment fee or deduct £5 from my next bill.

 

 

Accept this letter as a letter before action, if you do not reimberse me the £5 by either of the methods above, I shall file at small claims court for the £5 fee, £30 court fee, interest pursuant to S.69 County Courts Act 1984 at 8% APR from date of fee, postage costs and as I am self employed I shall be charging my standard rate of £12ph for the usage of my time.

 

I give you 14 days in which to comply or I will file at court.

 

Yours scincerely

 

Any thoughts? Is this ok do you think?

 

David

All debts now paid off and I'm on my way to full bill of clean health on my credit scores!

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If this is ref a mobile phone bill, have you called in to Customer Services to find out what the charge is for before writing/sending the letter?

Are you sure it is a late payment fee?? take another look at the statement and check it doesnt say the £5 is for Orange Care (insurance)

 

The reason I say this? Orange dont charge a late payment fees!!!!

p.s ref:

"there is no reference to a billing cycle or how long from the issue of the statment I have to pay, therefore it is assumed under british law that the billing cycle be 30 days from date of issue"

 

Your billing cycle is monthly, bill is issued same date every month, front page of bill says either - "Thank your for electing to pay by Direct Debit" and the date debit to be taken - OR - it will say "The amount due is payable immediately" with a Giro slip attatched.

Anything I post is my own opinion and views based on experience. My posts may not represent the views of my Employer, work collegues, or my Mum, i thought them up all by myself!

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Hi, it is for Orange broadband, it says clearly on the front of the statement 'Late Payment Fee'.

 

The satement say's that payment will be collected in around 10 working days, but doesn't state how although it was by DD, I cancelled the DD because I couldn't afford to pay it at the time, but I rang up a week later to pay by debit card.

 

David

All debts now paid off and I'm on my way to full bill of clean health on my credit scores!

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Just to add, the bill is dated 12/07/07 and they ussually take payment on the 21st of the month.

All debts now paid off and I'm on my way to full bill of clean health on my credit scores!

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Ahhh, thats different then, not that its right!!

 

As you say, not exactly late, just a little delayed. I am surprised still because i have never heard of Orange charging late payment fees, deffinately not to do with the mobile side of things. maybe on the broadband side is a carry over from Wannadoo. I'm sorry i really cant help on this one because it is a totally different section.

 

Would still suggest you give them a ring and get it credited to your next bill, by the time they action on a letter, you may find you have gone past another billing cycle and have to wait another month!

Anything I post is my own opinion and views based on experience. My posts may not represent the views of my Employer, work collegues, or my Mum, i thought them up all by myself!

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