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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
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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.

      Frankly I don't think that is any accident.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Watch out for Nationwide buffer


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Nationwide allow customers to utilise their accounts above arranged overdrafts or even if there is no overdraft.

 

Would be helpful if customers were not charged for this but you will be.

It's what they call a buffer and help if needed.

 

Each transaction will cost you £15.

I know someone who made a cash withdrawal for £70, and two small shop transactions less than £10 each.

 

They are going to be charged £15 for each of these transactions.

They did not ask for this service and would have preferred the system didn't allow the transactions.

 

They could have used another account but used this particular card thinking there was more money available.

 

Rant to you NW bank charges just keep finding their way into your life.

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I had the same problem a few years ago. I used the card three times and was charged for going over my overdraft limit and for the three transactions. I complained saying it was an oversight on my part that was put right the following day from monies in my other Nationwide accounts, if they had a system in place telling me I'd overdrawn I wouldn't have done it. I also threatened to take my custom elsewhere. To their credit they reimbursed me for all the costs even the interest.

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The person is requesting a refund considering there were other accounts which could have been used instead. £15 per transaction is a very high interest rate.

 

I have also been successful in the past Soggy with Nationwide but they are sticklers for refunding only once in a year.

 

They have a good mobile phone alert service which is not advertised well enough. It alerts if you over your limit and gives you up to 2.30pm that day to cover.

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  • 4 weeks later...

Well, well. I understand the banks will be made to ensure mobile phone alerts are sent to all bank account customers to make them aware of their balance and transactions and giving the chance to pay in by a certain time to correct and avoid fees and charges.

 

It's about time customers were protected more to avoid bank charges. Banks promote the ethos you are responsible but haven't actioned enough ways to help you do this in the busy unpredicable world we live in. The alert system is a good step in the right direction.

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  • 3 months later...

The txt alert service is flawed or by human design txt alerts are not being sent out when they should be. This of course is causing customers not to be advised money needs to be paid in to avoid charges. How are banks getting away with charging customers £15 and the transaction e.g is for £2! It's detrimental and a penalty or why is it done?

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