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    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
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BT - Late Payment Charge & Payment Processing Fee


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Hi I've had a good search through the forum for answers and don't feel that anyone has addressed this issue properly.

 

It regards:

 

BT's Late Payment Charges of £7.50 and the Payment Processing Fee of £4.50.

 

In short. I don't want to pay it. I'm happy to pay my bill. But where do I stand legally on this issue? Do BT have a right to make these charges?, if not, is there a letter template I can send out to them? Or can someone tell me how I can go about challenging this trumped up charge?

 

I am willing to go to court over this. So if anyone could answer the above I would be most grateful to use your advice to stand up to BT.

 

Thanks.

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BT have alreadt won a court case, where the judge agreed the fee was reasonable, and the sill solicitor who raised the action did nothing to put up anything other than a low-key pursuit - and had an unsympathetic judge.

 

Because of this BT are taking this as full judicial acceptance that their policy is fair and reasonable, as such you're most welcme to give them a run for their money, it it's going to be a challenge!

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I had been looking out for that court case, and missed it.

 

It's a bugger that they lost the case. How can they justify £4.50 to process a cheque? My business (a small one) gets charged 28p per cheque, and all of these firms say they have bulk clearing so they are probably paying about 5p.

 

What an opportunity lost. :( Why did she bother in the first place? For a solicitor to screw this up is unbelievable.

 

I always just knock them off, and pay for the charges I have actually incurred. They carry it forward and I knock it off again.

 

I had another situation with BT - unfair charges when I went from one ISP to another and the charges went through BT and it appeared okay, and then they billed charges two quarters' late. Obviously if I had had the correct charges, I wouldn't have stayed with the ISP. Screamed and yelled, paid the actual call charges, and this went on for over two years, and then they backed down. It was about £400.

 

Send letters, say you still don't agree with it, and keep on and on and on. If you get calls, tell them to respond to your letters. Tell them you will change phone companies. None of these companies, BT, British Gas, etc., actually ever seem to send a proper letter.

 

Good luck!

 

DD

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  • 6 months later...

Someone posted an idea a while back... set up a standing order for 5p per day to cover that charge.... you're still paying it but getting real value for money ;)

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

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BT woes....

Just to add and what happened with myself.

If you do not pay by direct debit they charge you £4.50 a quarter as an administration fee. This fee has been mentioned as I believe around a year ago there was debate on it. The end result is that there is a 'cap' of £5 agreed with Ofcom on this (for any phone provider). The BT payment page is here: How can I pay my bill? | Help | BT.com

Personally it seems to 'only' way to avoid the admin fee (for BT) is to either pay by direct debit or in full.

Then we come to the late payent fee for BT (also on the link above). It would seem that Ofcom has agreed all this. In my case I am now unemployed and have had the most horrendous argument in that the 'catch 22' situation occured. Last quarter the man said as long as I paid by the next bill it would be okay however he never mentioned it as a 'one time offer' nor did he mention the £4.50 charge. Today's argument was simply if I don't pay the bill within the month (to the bill date) then £7.50 would be charged and 5 days later the phone be put to 'incoming calls only'.

I think the whole thing is grossly unfair and have escalated by complaint to the Ofcom BT referred helpline.

What shocked me more than anything is the blatant attitude of 'If you don't pay then sevices get cut and eventually restricted and removed'. For years I have paid my bills by DD till my bank cancelled them all (their excuse was they were helping me!) at the begining of February. For that to happen just about all services and suppliers then charge penalties.

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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  • 10 months later...

purely for information.

These outrageous fees have angered me since they first began. It is MY choice how i choose to pay my bills and I do not for one second trust BT will deciding how much they take from MY bank account each month.

I used to also subtract their PPF fees (since i always pay online BACS which costs nothing to process) from the bills prior to BT amending their T&C's which then made them legal.

Anyway, Ive now managed to leave BT. The other week I logged in to my online BT account one last time to discover it said they owe me £23 and that it would be paid by 3rd June by cheque.

Well the cheque has now arrived (late).

Just to prove the point i am now sending BT a bill for £4.50 to cover the cost for me to process the payment they have sent me, and an additional £7.50 since they sent the payment late.

I have no doubt they will try to ignore my demands but it will quite clearly demonstrate to BT their charges are utter BS.

 

BTW Ive now moved to Orange as they offer 20Mb broadband for just £17 per month and that INCLUDES the monthly line rental which BT charge £12 for anyway!

BT YOU SUCK

Edited by anotherguy
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Sorry, this is pointless grandstanding.

 

I agree with your sentiments, but if the public are willing to accept their treatment in this way, more fool them. Do remember, BY has a published price list that their customers can either agree to. BT, in sending you a cheque is providing you with your own money back. Since you did not advise BT that you made such a charge for processing cheque payments, it would be unreasonable for you to attempt to extord money in this way. A prior agreement would give your claim 'legs', but without one you;ll come across as unstable.

 

No point in shooting yourself in the foot, as you'd need to take them to court, and you'd lose. (A Shame, but there you go).

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Im glad you used the term "extort" since legal or not that is what BT do to their customers, and yes im quite aware BT are not going to pay it and are under no olbigation to do so (goes without saying) it simply gets the point across. They are thieving money grabbing ****, charging unreasonable fees for nothing.

I just thought it would once be nice to allow them to be on the receiving end of their own BS. I even made sure to use as much of their own pre-scripted rubbish that Ive had to endure from them explaining just how reasonable the charges are.

BT have such an unfair monopoly we have no choice but to bow down to them or face their barrage of charges. So as i say, its just my parting shot at them to make the point.

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Unfortunately, your letter/invoice will only be seen by CS and routinely ignored. However, if you're going to the bother, why not sent it to MD Ian Livingston? A minion might just be tickled with it enough to pass it on as a costomer's concern...?

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I had been looking out for that court case, and missed it.

 

It's a bugger that they lost the case. How can they justify £4.50 to process a cheque? My business (a small one) gets charged 28p per cheque, and all of these firms say they have bulk clearing so they are probably paying about 5p.

 

What an opportunity lost. :( Why did she bother in the first place? For a solicitor to screw this up is unbelievable.

 

I always just knock them off, and pay for the charges I have actually incurred. They carry it forward and I knock it off again.

 

I had another situation with BT - unfair charges when I went from one ISP to another and the charges went through BT and it appeared okay, and then they billed charges two quarters' late. Obviously if I had had the correct charges, I wouldn't have stayed with the ISP. Screamed and yelled, paid the actual call charges, and this went on for over two years, and then they backed down. It was about £400.

 

Send letters, say you still don't agree with it, and keep on and on and on. If you get calls, tell them to respond to your letters. Tell them you will change phone companies. None of these companies, BT, British Gas, etc., actually ever seem to send a proper letter.

 

Good luck!

 

DD

 

March 2008

 

Think this may be the Case BT: court action for bill charges? - Channel 4 News

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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I attempted to contact her on two occasions, but I didn't connect. The last I heard (at the time) was that she was 'considering an appeal', but of course, this did not happen. As I recall she was a PROPERTY solicitor, and had not planned the action on a multi faceted level, just the single complaint, and the judge felt BT had fully advised its customers adequately, and as such were entitled to charge providing the charges were 'transparent'.

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What are they actually charging for? I pay my bill through online banking so it goes straight into their bank. Nobody has to handle a cheque and presumably the references mean the whole thing is automated. Is there any human intervention in such payments and if not why do I get charged the processing fee?

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Guest Mrs Hobbit

I too pay by internet banking and still get charged the £4.50 fee every quarter. No cheque involved here. I have thought about withholding the fee when I pay my bill and I pay it in full every quarter, also bear in mind we are paying for a service not yet used, three month line rental in advance. I wont allow a DD after the fun I had proving my innocence regarding a DD set up back in 2006, but that is another story.

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With regard to the late payment charges: the bills appear to be back dated so that they're generated on day 1, arrive on day 8 or 9 and are due for payment on day 10 - pretty well impossible. However this then means that BT can charge another £7.50. Hence the payment processing fee is, in effect, £12.

 

That's been my experience on two separate occasions when we had BT and was the main source of the dispute which led to us abandoning our line altogether and going with 3G for broadband, which for us is about 50% faster than ADSL was anyway. Hardly our loss :)

 

Why not change to the Post Office, who don't rip you off to the tune of £4.50 just to pay a bill?

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What are they actually charging for? I pay my bill through online banking so it goes straight into their bank. Nobody has to handle a cheque and presumably the references mean the whole thing is automated. Is there any human intervention in such payments and if not why do I get charged the processing fee?

 

I also used to pay in the same manner. The way BT USED to charge the PPF wasnt legal since it was a penalty for not allowing them DD, I used to withhold the PPF payments and sucessfully got them written off after a lot of arguing with BT. BT some time ago reworded their T&C's which now makes the PPF perfectly legal since its no longer a penalty for not allowing DD, they now in effect do not charge you extra for not paying by DD but instead give customers who do pay by DD a discount.

In effect its exactly the same, theyre penalising you because you dont want BT having access to your bank account but its perfectly legal - hence why Ive left them the moment my 12mth contract was up.

 

Not great business sense really, their stealth charge of £4.50 per quarter or £18 per year has just cost them a minimum of £144 per year in line rental alone (I never actually used the phone line for anything other than internet access). If more people voted with their feet they'd soon get the message.

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Guest Mrs Hobbit

The Hobbits have just used their big feet and walked over to the Post Office. Bye bye BT

 

Now to cancel with Talk Talk, because the Hobbits calls from Middle Earth to the world of Humans are going to get cheaper.

 

Mrs Hobbit can afford a new cloak with the savings

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What nobody has mentioned yet - you are NOT paying BT, but their 'Payment Processing arm'. Now, this means they have another cost centre, and to ensure it doesn't operate at a loss, these spurious charges have been rolled into the offering so that those who do not comply or who are innatentive, pay.

 

Since the government of the day see nothing wrong in firms charging you for the fact they have to send you a bill, instead of this being (as previously) part of the cost of the service, is broken off, airline style, and provides a valuable cash flow.

 

There's no mystery - you either jump over their hoops, or pay the price. What it actually COSTS them is on no consequence, and an irrelevance in the scale of things

 

Until this is outlawed, the consumer is screwed, and royally so.

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Unfortunately I believe Ofcom (you know yet another quango) allow all these things. The fact someone has to tap in amounts on to a screen means a 'charge'. I fought my mini battle and lost with the consolation of BT's threat to cut me off being averted. Not the best customer services but trying my best to be positive, it's the norn these days. Like many places they could well lose their humans and simply have machines telling to to look at their T&C's!

 

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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Guest Mrs Hobbit

The Hobbits talk the talk, so decided to walk the walk. Got a letter from BT this morning, absolutely galling.

 

Background the original Mr Hobbit died several years ago. Mrs Hobbit notified BT of this fact, but the bills still came addressed to the late Mr Hobbit. Mrs Hobbit has remarried and guess what, the letter from BT arrived addressed to the Late Mr Hobbit. Umm the letter from the new phone service provider arrived this morning addressed to the new Mr Hobbit.

 

Oh new provider is happy to let the Hobbits pay the bill quarterly, no payment processing charge, now just have to get the number withheld service from them. Don't want those tricksy DCA's getting the phone number by mistake...

 

Sorry Uncle Ken, your boys and girls still wont get the number.

 

An aside to being ex directory. Several years ago we had a death, youngest son drowned and the police in the land we came from could not get hold of us, so Interpol had to intervene and get the number for the overseas police. I wonder has Uncle Ken looked at using Interpol for the information?

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What nobody has mentioned yet - you are NOT paying BT, but their 'Payment Processing arm'. Now, this means they have another cost centre, and to ensure it doesn't operate at a loss, these spurious charges have been rolled into the offering so that those who do not comply or who are innatentive, pay.

 

Since the government of the day see nothing wrong in firms charging you for the fact they have to send you a bill, instead of this being (as previously) part of the cost of the service, is broken off, airline style, and provides a valuable cash flow.

 

There's no mystery - you either jump over their hoops, or pay the price. What it actually COSTS them is on no consequence, and an irrelevance in the scale of things

 

Until this is outlawed, the consumer is screwed, and royally so.

 

One other subtle aspect -

 

If the way it works is that you have a contract with "Telephone supplier" and in order to do so, you have to have a separate contract with "Telephone supplier payment processing" to pay them:

 

This might in theory mean that the payment processing charge could be raised to £100 per payment, but the consumer cannot then terminate the contract with "Telephone supplier" citing material changes to contract, because "Telephone supplier" has not made any material changes to contract.

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Unfortunately I believe Ofcom (you know yet another quango) allow all these things. The fact someone has to tap in amounts on to a screen means a 'charge'. I fought my mini battle and lost with the consolation of BT's threat to cut me off being averted. Not the best customer services but trying my best to be positive, it's the norn these days. Like many places they could well lose their humans and simply have machines telling to to look at their T&C's!

 

Michael

 

With a BACS payment nobody need do anything manually.

 

I can however understand why suppliers would want to disincentivise people from sending cheques in the post.

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