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    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
    • Regarding a driver, that HAS paid for parking but input an incorrect Vehicle Registration Number.   This is an easy mistake to make, especially if a driver has access to more than one vehicle. First of all, upon receiving an NTK/PCN it is important to check that the Notice fully complies with PoFA 2012 Schedule 4 before deciding how to respond of course. The general advice is NOT to appeal to the Private Parking Company as, for example, you may identify yourself as driver and in certain circumstances that could harm your defence at a later stage. However, after following a recent thread on this subject, I have come to the conclusion that, in the case of inputting an incorrect Vehicle Registration Number, which is covered by “de minimis” it may actually HARM your defence at a later stage if you have not appealed to the PPC at the first appeal stage and explained that you DID pay for parking and CAN provide proof of parking, it was just that an incorrect VRN was input in error. Now, we all know that the BPA Code of Practice are guidelines from one bunch of charlatans for another bunch of charlatans to follow, but my thoughts are that there could be problems in court if a judge decides that a motorist has not followed these guidelines and has not made an appeal at the first appeal stage, therefore attempting to resolve the situation before it reaches court. From BPA Code of Practice: Section 17:  Keying Errors B) Major Keying Errors Examples of a major keying error could include: • Motorist entered their spouse’s car registration • Motorist entered something completely unrelated to their registration • Motorist made multiple keying errors (beyond one character being entered incorrectly) • Motorist has only entered a small part of their VRM, for example the first three digits In these instances we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event or that the motorist attempted to enter their VRM or were a legitimate user of the car park (eg a hospital patient or a patron of a restaurant). It is appreciated that in issuing a PCN in these instances, the operator will have incurred charges including but not limited to the DVLA fee and other processing costs therefore we believe that it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified before reverting to the charge amount at the point of appeal. Now, we know that the "modest charge" is unenforceable in law, however, it would be up to the individual if they wanted to pay and make the problem go away or in fact if they wanted to contest the issue in court. If the motorist DOES appeal to the PPC explaining the error and the PPC rejects the appeal and the appeal fails, the motorist can use that in his favour at court.   Defence: "I entered the wrong VRN by mistake Judge, I explained this and I also submitted proof of payment for the relevant parking period in my appeal but the PPC wouldn't accept that"   If the motorist DOES NOT appeal to the PPC in the first instance the judge may well use that as a reason to dismiss the case in the claimant's favour because they may decide that they had the opportunity to resolve the matter at a much earlier stage in the proceedings. It is my humble opinion that a motorist, having paid and having proof of payment but entering the wrong VRN, should make an appeal at the first appeal stage in order to prevent problems at a later stage. In this instance, I think there is nothing to be gained by concealing the identity of the driver, especially if at a later stage, perhaps in court, it is said: “I (the driver) entered the wrong VRN.” Whether you agree or not, it is up to the individual to decide …. but worth thinking about. Any feedback, especially if you can prove to the contrary, gratefully received.
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    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Bank of Scotland & Westcot


kellyplanet
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I received a letter today from Westcot stating I owed BOS £5k. This debt was in scotland but they have tracked me to my new address in Newcastle!!! Clever!!!! Anyway my partner paniced and pretended to be me on the phone (i used to work for BOS!!!!!!! I got disiplined for refunding charges!!!!!!!!)

 

Most of this £5k is bank charges. It will have defaulted as I have been in Newcastle since March 2006 and last used the BOS account in December 2005.

 

Can I claim back charges from BOS to reduce the debt to Wescot?

 

Is there away to get out of paying Westcot if they dont have certain documentation?(read about something on forum)

 

Because I live in England can I do the claim on Moneyclaim?

 

Or do I have to do it through Scottish law etc?

 

Any templates and advice would be great?

17/4 Sent CCA Request to Cabot - Argos/Cabot

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Can I claim back charges from BOS to reduce the debt to Wescot?

 

Yes! :)

 

Is there away to get out of paying Westcot if they dont have certain documentation?(read about something on forum)

 

Is this for a loan or credit card? I'm not too clued up on this but you need to send them a properly formatted request for the original signed agreement and if they don't send it within 12 working days they are in default of the agreeent. If they don't send it in a further 30 calendar days they are commiting a criminal offense and that would put you in an advantageous position to get the debt "written off". Do a search for "cca request" and you should find as lot of info on the forum!

 

Because I live in England can I do the claim on Moneyclaim?

Or do I have to do it through Scottish law etc?

 

You can use moneyclaim online!!

 

Good luck!!

 

PS templates are all in the bank temoplates library!!

 

:)

  • Confused 1

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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  • 1 year later...

Hi apologies - another first time user not familiar with the forums. I'm in a similar situ with HBOS. You mentioned a properly formatted request for original signed agreement. Can you give me any guidance how I do this and what the letter should state?

 

Thanks.

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Hi Jaffa welcome to the CAG, you would be better starting your own thread on this then you will get help quicker.

 

What they are on about is a CCA Request, template N in the library, it needs to be sent to the DCA or OC with a £1 potal order via recorded or special delivery.

 

This will mean that the DCA or OC has to provide proof that they are entitled to collect on the alledge debt.

 

Hope this is OK but if you do a search of the CAG there are many threads that explain this better than me.

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  • 3 weeks later...

also use the sar request letter, costs a tenner but the two together give you all the info you need to assess your situation and decide what to do. both invaluable

************************

 

DCA Theats: Jystmystry V's Wescot - I Win (link)

Default Removal: Jystmystry V's NatWest - In Progress (link)

General Debt - Jysmystry v's Optical Express (link)

 

You can run but you'll just die tired

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