Jump to content


  • Tweets

  • Posts

    • 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.
    • Women-only co-working spaces are part of the new hybrid working landscape, but they divide opinion.View the full article
    • The music streaming service reports record profits of over €1bn (£860m) after laying off 1500 staff.View the full article
    • 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  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Cougar v RBS


Cougar
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6339 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Firstly hi to all

 

I have only just joined & know there is a lot to look through but......

 

How can one calculate how much they have over charged?

 

Examples Charge with RBS for unpaid Chq £38 & Service Charge for maintainance of account £28 then the interest that is applied.

Don't know how to start? is there a set fee for lets say the £38 for unpaid chq or can I claim for it all?

Service Charge of £28 can't be claimed right?

Link to post
Share on other sites

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

http://www.consumeractiongroup.co.uk/forum/bank-templates-library

there is some reading to be going on with for now. welcome to the site. if you need any help just post here with questions so we can answer them. ok first of all you can claim all penalty charges back the whole of them. second usually you cannot claim back service charges however this one seems particulary high and that would make me think it is a penalty under the name of service charge which banks have been known to do. so i would claim this as well. you can always knock it off again later if you think its really for a service.

good luck

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

Link to post
Share on other sites

Cheers for reply

 

Taken bull by the horn & took a little differnet approach due to not knowing about Service charges.

Asked for refund via RBS website complaints giving them 14 days- probably will get ignored but have offered as a quick settlement 80% of charges. I have not mentioned any amounts just asked for last 6 years.

I have my bank statements since iv'e been with them so no need for SAR and know how much total in charges are & total in so called service charges. Therefore "IF" any settlement figures are sent will have an idea on what has or has not been included - if nothing offered or ignored then will pursue for FULL refund.

Link to post
Share on other sites

Received my fob off reply via post today.

Couple of quotes from letter

Quote - “Please be advised that the bank’s system does mot easily allow access to customer accounts prior to twelve months ago. As a result, we are unable to view any charges that might have been applied to your account prior to that. Against that background, please contact your branch to request historic statements for your account, these will cover the past 6 years and cost £5”

Better than £10

Quote – “We have considered and responded to the Office of Fair Trading’s statement of 5 April 2006. We do not accept the Office of Fair Trading’s findings in relation to credit card fees. We are concerned that the Office of Fair Trading has publicly called into question the settings of charges applied to other products, including current accounts. The Office of Fair Trading has restricted its investigation to credit cards and made no attempt to consult with RBS or the industry in relation to other, entirely different products.”

Oh well to next stage of process to claim back.

Link to post
Share on other sites

Hello Cougar, I am just starting this process myself. Re RBOS offer of £5 for statements, I think they mean £5 per statement. May be worth checking out. Go for SAR and pay the £10 for summary printout of all charges on your account past 6 years.They have to provide these.Read the guidance notes. Well worth the time spent.

 

happy hunting

 

jessejames

Link to post
Share on other sites

Thanks for the reply jessejames (frank will be chasing the loot too).

 

Do banks have full access (can look at themselves) to the last 6 years or can they only do this when you request it?

Link to post
Share on other sites

Hi Cougar, I am sure banks can access their records at any time, certainly back 6 years. I had to obtain copy statements from RBOS in 1993, backdated 6 years, for a subsequently successful civil action (not against RBOS) and they were able to supply these within 2 weeks. They charged £5 per statement, total cost about £360, which I recovered from the other party. Go for the £10 option and keep the pressure on.

 

good luck

 

jessejames

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...