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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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Paid Vanquis twice in one month!


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I recently received a Vanquis credit card, to help build up my credit, & also to help out during Christmas.

 

My minimum payment was due today(28/11/16),

I have already paid Vanquis twice.

 

Once on the 10th of November & again on the 23rd of November.

A refund of £28 was also paid on the 24th of November.

 

I don't understand why they have tried to take money from my bank account, when I have already paid them twice in one month.

 

I was told that I can make early payments, & I am aware that I have set up a direct debit for Vanquis.

 

They have tried to take a DD of £20 from my bank account, which has now been returned, because I didn't have sufficient funds in my account.

 

does this mean that it doesn't matter if I make a payment early to Vanquis & I will still be debited on the same date as every month?

 

I thought I was doing them a favour too, & in the end they have charged me a fee for not paying them on the intended date!

 

There's a flaw in the plan man!

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improves your credit rating is a myth

unless you have no other credit accounts on your file.

 

as for you payments.

 

I will guess you made these payments yourself

and that there was an outstanding balance still after them?

 

 

thus when it came around to the 'correct' payment date

as per your statement,

they collected the minimum payment,

or whatever you'd set the DD too.?

 

if this is the case then your payments were accepted correctly as you voluntarily made them

but as there was an outstanding balance, they rightly collected under the DD agreement you signed.

 

so they've done nowt wrong....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Vanquis are always doing this,

you make your manually but then they still request the payment via dd on the due date.

 

So what can you do about it?

 

Well there are a couple of things.

Choose one way to pay them,

either manually or by direct debit,

 

 

if you have a dd set up for the minimum payment then any manual payments will be in addition to that dd.

 

Ring vanquis and check if they have, or will charge you for a failed dd when the minimum payment has already been made.

 

Check that your bank isnt charging you for a failed dd.

 

As long as its not a regular occurrence(with the bank) regarding failed dd, then they may be willing to refund any charges levied as a gogw,

 

 

worth ringing and asking and pointing out that as you had already paid the payment, you did not expect the dd to be called upon aswell.

 

With vanquis you can do the same and ask that any charge is refunded on the same basis, that you paid early and did not then expect a dd payment as well.

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Thanks for the reply Martin, I'll give Vanquis a call first thing tomorrow.

I might just cancel the direct debit with my bank & pay Vanquis manually.

 

Thanks dx100uk. I kinda thought that, & now know it was too good to be true.

I did make those payments voluntarily, so yes, I guess they haven't done anything wrong.

I will phone them tomorrow to check up on this.

 

Oh & by the way, because I made early payments, my statement said there was nothing pending for this month.

That's why I assumed that they wouldn't take anything from my bank account on the 28th of November.

Very misleading.

 

Do you think that's why the DD was returned?

 

Suzymcc.

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I think you could be right..nothing to pay so returned

 

 

so get that sorted

I wouldn't be cancelling the DD

I think its a contractual matter with all credit cards?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No thats just how vanquis operate, regardless of manual payments they will always take the dd aswell. Note that when a dd is paid on 28th for example, the request for the dd will be sent to your bank 3 days before this, so 25th in this case.

The dd is probably set for the minimum amount due so any additional manual payments are on top of this.

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Nope.... I paid Vanquis and I currently pay Capital One via a manual payment. Sooo much easier...

No terms on it...

 

Its safe to cancel DD at this point. Just make manual payments.

 

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Nope....

 

"Nope" to which bit FK?

PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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Arh sorry xd - This is To DX's point. There are no term that specify that you *MUST* keep a DD to pay them. :)

Vanquis and Cap One allow you to pay via Debit Card etc

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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