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    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case on this topic that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. Should this ever happen to me, I will make an appeal at the first stage to avoid any problems that may occur at a later stage. Although, any individual in a similar position should decide for themselves what they think is an appropriate course of action. Also, I continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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    • We have finally managed to obtain the transcript of this case.

      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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Money back from Bank of Scotland


jarvis123
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My wife has just received settlement for bank charges levied against her. She went over her overdraft limit by only £50 (although her statement never showed more than £12 o/d). She was overdrawn for less than 24 hours, until her wages were paid in. Her wages are regularly paid into that account at the same time each month.

 

For this crime she was charges £148! A large proportion of her monthly income.

 

After getting nowhere with the branch, and 2 letters to the complaints centre in Dunfermline, she filed a small claim.

 

They then settled for £158 plus £28 which had previously been returned. Thus also covering the fee for the small claim.

 

Easy...although the paperwork for the Scottish courts is a bit of a pain, having said that the Shrieffs clerk was very helpful.

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  • 1 month later...

HBOS inefficiency worked to our advantage!

 

After recieving the settlement, she then contacted the court to dismiss the claim. She then recieved another letter from HBOS, saying that if we withdrew the claim they would settle for the full amount plus court fees plus interest. Obviously a different person was dealing with the court summons, and they did not communicate with the department which had already paid out the settlement.

 

She just ignored this letter, after all she had recieved the money and had already withdrawn the small claims action.

 

HBOS have obviously checked to see the claim had been withdrawn, and have just credited her account with the full settlement plus interest FOR THE SECOND TIME!!!;)

 

Our advice would be, at the letter stage, send the first letter requesting the return of your bank charges. You will recieve the standard 'will shall get back to you in less than 6 weeks' letter after about a week. Don't wait 6 weeks, write again saying that you will take action in the small claims court if the money hasn't been returned within a week and give an exact cut off date. You will probably get the same '6 week wait letter' again. After a week issue the summons. The whole process from letter 1 to summons will take about 3 weeks, which really is a fair time for them to repay. By the time they get round to acting on your second letter the summons will have been served.

 

Good luck.

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Hi jarvis, congrats on your victory. i`m waiting on my statements to add up all my charges before taking action against BoS. Think my total will come to around £1,800. Good to know of someone else who has been successful against same bank so if you are able to give me any help or advice i`d be gratefull.

Ali

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A site that we found very useful was The Govan Law Centre Unfair UK Bank Charges Free help from Govan Law Centre, Glasgow, as we are based in Scotland it is more Scottish specific than the adive you get at say MoneySavingExpert.com ad-free, free to use, Consumer Revenge!

 

We used the Govan letters as templates, although we did adapt it a bit as at least one of their example letters is rather long winded.

 

The Govan site gives a example of a first letter and then a follow up letter. If you get to the stage of writing a follow letter (which you will!), put a date in it when you expect HBOS to settle. This puts the ball firmly in thier court.

 

Keep copies of all letters, and if you threaten to take them to court if a suitable settlement isn't reached, follow it through.

 

All the best.

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