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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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What to do with MBNA PPI claim?


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Hi

I've reached the point with my claim against MBNA for mis-sold PPI (self-employed) that I must make a decision on what course the claim should now go.

 

I have 2 credit card accounts with MBNA that had PPI and the total I just checked is now up to approx £17k including interest they have charged me.

 

They put the claim on hold pending the judicial review, but I haven't heard from them since 2nd March 2011 where they told me they wouldn't deal with the claim until after the judicial review.

 

I've written to them about 6 times since March 2nd this year and not had a single reply. All letters sent recorded delivery, so I know they were signed for.

 

Looks like I have 2 options and wondered what people thought I would be best doing :-

 

1. Log the complaint with the FOS and let them deal with MBNA, but this will obviously take a very very long time now

2. Go to court, which I believe to be daunting as it's over £5k and much more of a formal affair than if it was a claim under £5k (maybe i'm wrong?)

 

Any advice appreciated.

 

Should I phone them and ask them when they intend to reply?.....i'm reluctant to discuss the case with MBNA over the phone as i don't trust them.

 

Thanks

 

Citybloke

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Look at sections 140A and 140B of the CCA - these were inserted into the 1974CCA by the 2006CCA and came into force in 2008 retrospectively.

 

From my understanding of it and current use of this with A&L / MBNA you don't need to start a claim against MBNA you simply make an Application to the Court for a ruling that they have not treated you fairly using section 140A and then under 140B the Judge can make an order against them for repayment of charges, interest etc. It must be done in the County Court and Notice Applications can be as quick as 3 or 4 weeks. I think if you were suffering hardship you could ask the Listings Clerk for an early hearing date. Under the explanatory notes to these sections it makes it clear that the onus is on the creditor (MBNA) to demonstrate to the court that they have treated you fairly. Refusing to respond to letters or to resolve a genuine complaint of mis-selling PPI for months is not treating you fairly.

 

I will post a more detailed overview next week when I know the outcome of mine.

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Cheers for the info Turtlesnapper...will look out for how you get on.

 

Citybloke

 

 

Look at sections 140A and 140B of the CCA - these were inserted into the 1974CCA by the 2006CCA and came into force in 2008 retrospectively.

 

From my understanding of it and current use of this with A&L / MBNA you don't need to start a claim against MBNA you simply make an Application to the Court for a ruling that they have not treated you fairly using section 140A and then under 140B the Judge can make an order against them for repayment of charges, interest etc. It must be done in the County Court and Notice Applications can be as quick as 3 or 4 weeks. I think if you were suffering hardship you could ask the Listings Clerk for an early hearing date. Under the explanatory notes to these sections it makes it clear that the onus is on the creditor (MBNA) to demonstrate to the court that they have treated you fairly. Refusing to respond to letters or to resolve a genuine complaint of mis-selling PPI for months is not treating you fairly.

 

I will post a more detailed overview next week when I know the outcome of mine.

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  • 3 weeks later...

OK I called MBNA a couple of weeks ago and they confirmed my PPI claim had still not been looked at, but they would send me an update in 10 working days. Their time is up as 10 working days have passed.

 

I started the claim beginning of this year and i haven't heard anything since 2nd March this year, despite sending 6 letters by recorded delivery.

 

The total claim is about £17k and I just don't know what to do as they simply won't communicate with me, so i don't have their final response yet.

 

Anyone got any suggestions for my scenario?

 

Cheers

 

Citybloke

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Hi Citybloke

 

While waiting for turtlesnapper's update, why not give the fos an informal call, tell them of your problem and see if they can give you any advice as far as they see things. If MBNA are simply not communicating with you then I think you are perfectly entitled to fos having a look at it.

 

As you say, £17k is well outside small claims procedure

 

ims

 

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Called the FOS today and they said I had waited long enough and as MBNA had not replied to any of my letters, the FOS will take on my case. The guy on the phone at the FOS took all my details and game me my reference and is posting out the form to complete etc...

 

So i'm on the FOS system now with a reference number!

 

MBNA were clearly not taking any notice of me, so now I feel better handing over to the FOS.

 

I'm sure it will be a very long wait now, but at least it will be dealt with.

 

Cheers

 

Citybloke

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Quick question...i'm struggling to make my monthly payments to MBNA and they are putting the pressure on due to arrears....what should i do in this case?..........they have my PPI complaint sinnce Jan this year and the amount i'm claiming back far exceeds the balance on my account.

 

Just wondered if I could get them to put payments on hold until they give their final response on my PPI claim.

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Hi

 

As your claim for ppi exceeds what you owe them I would just pay £1 per motnh until its resolved. By doing this you show that you are not trying to get out of the debt but due the account being in dispute and covered by your ppi claim you will make this reduced payment until the matter is resolved.

 

Regards

 

ims

 

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Cheers ims............will write to them

 

I think it's fair as they have broken the rules by not dealing with my case.

 

Hi

 

As your claim for ppi exceeds what you owe them I would just pay £1 per motnh until its resolved. By doing this you show that you are not trying to get out of the debt but due the account being in dispute and covered by your ppi claim you will make this reduced payment until the matter is resolved.

 

Regards

 

ims

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  • 2 months later...

Hi All

Update on my claim is that MBNA eventually responded not upholding my main PPI claim against them, so I'd passed my complaint to the FOS about a month ago from memory and they wrote to MBNA. Beginning of this week I had a letter from the FOS saying it could take up to a year to get assigned to a FOS adjudicator which wasn't greate.

This morning i've had another letter from the FOS saying that MBNA would like to settle my complaint as a gesture of goodwill. No figure is mentioned, but MBNA have agreed to settle the complaint based on the general approach the FOS takes when they decide that a consumer has been mis-sold PPI.

So i'm taking this to mean ALL PPI premiums returned + compound interest + 8% statutory interest - If this is the case, then great result!

What are you guys thoughts on this?

Cheers

Citybloke

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Hi

 

This is getting near a final result...excellent.

 

Before agreeing to anything you will want to see the figures. So many of these banks try and get you to sign agreement without telling you what the figures are.

 

Let them know that you want confirmation of the amount of the award and breakdown of how it is calculated before you are prepared to sign acceptance.

 

Regards

 

ims

 

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Hi Citybloke,

 

I've had a long drawn out saga with MBNA culminating in them upholding my complaint (also credit cards, also self-employed) but got lucky and I didn't end up at the FOS. When MBNA upheld they supplied a basic breakdown (totals only for premiums, interest and 8%). I had to push them for an actual breakdown of their calculations to double check it and fair play to them they'd reconstructed as the FOS would have done plus I later pushed for additional interest to take into account how long it took them to actual settle up after they'd upheld the complaint. Don't settle for anything less.

 

If you need to ring them at all to chase anything call 0800 08451409 to go straight through to the PPI department and avoid the whole world of pain that is their normal customer services department. If you're doing everything through the FOS then you can keep the complaint on-going if the amount MBNA offer doesn't look right and get the FOS to keep chasing MBNA if they seem to be taking an age to do anything - you can check with your case handler at the FOS about that to be sure.

 

And well done!!!!!

Score Card

 

For myself, family and friends......

 

WIN! MBNA - £8,000 CC PPI + 3 months interest for delayed refund

WIN! RBS - £1,400 CC PPI + 4 months interest added for delayed refund (via FOS)

WIN! RBS - £150 BC (via FOS)

WIN! Creation - £575 Store card PPI + 3 months interest for delayed refund

WIN! Creation - £120 BC

WIN! Ikano - £795 Store Card PPI

WIN! CapitalOne - £1700 CC PPI

WIN! CapitalOne - £110 BC

WIN! HSBC - £2,850 CC PPI

WIN! RBS/MINT - £1,900 - CC PPI

WIN! Halifax - BC - £102

WIN! Barclaycard - £130 BC

Awaiting offer HSBC - MPPI (via FOS)

Awaiting final response Barclaycard - CC PPI

Awaiting final response Morgan Stanley - CC PPI

SAR sent HSBC - CC PPI + Loan PPI

SAR sent GE Money - Store Card PPI - not holding out much hope as very old account

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