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    • 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.
    • 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!
    • Six months of conflict have also taken a heavy economic toll.View the full article
    • 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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Paypal - Is this Theft?


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I am in a dispute with Paypal at the moment, where I am trying to get funds transferred from one paypal account that isnt verified to one that is.

 

I have noticed this morning that Paypal have taken a payment of less than £1 out of my bank account, and its showing as a Direct Debit payment.

 

Seeing as though I have never set up a Direct Debit with Paypal, waht gives them the right to do this?

 

Does anyone know if there is anything in the small print that allows them to Debit my Account, when and as they wish, and by joining a authorise this? If not I will have to read through all the small print to try and find this.

 

If there isnt, can I then persue them for Theft?

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I'm not sure why this has happened, normally they debit or pay in two small amounts to your account to get verified, have you definitley not instructed them to do this>

UPDATE -

 

Claim submitted, HSBC have until May 13th to Acknowledge.

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Is this definately a debit rather than a credit to your account? If it is a credit, it is because they are verifying the bank account is yours.

 

If , when you sign up with PayPal, you chose to funds ant payments through your bank, rather than say your credit card, you are effectively giving authority for them to withdraw funds from that account (only to match your PayPal spending though).

 

Have you used PayPal for any purchases lately?

 

Do you use PayPal because of eBay? Is this possibly to pay eBay fees (your eBay settings may be linked to PayPal).

 

If you look in your PayPal account, does it show any transcation, whatsoever, that matches this amount of money?

 

Questions, questions....... that's me!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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My account is already verified!

 

The other account is going to be closed, because I cant verify it, as it has I have only one Bank Account, and you cannot register it twice.

 

No, there are no recent purchases, no fees, (Well there are but they are £58, and I've refused to pay them until Paypal transfer the funds that they are holding!) No transactions for htis amount, which is definately showing as a D/D on my Bank Statement.

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HI Less2303

 

I opened my paypal account and had a debit of 5 pence, against a code that i then had to produce to confirm it was my account.

 

To open the account you have to agree to the direct debit which is selected automatic when joining as they say they can not deduct these pennies with out it. So no deduction, no confirmsation, no access to a paypal account.

 

So what usually happens is you accept the direct debit set up to get the account, let them take there pennies to confirm then cancel the direct debit set up once up and running.

 

I also have a once confirmed account now unconfirmed as LLoyds trouble and card closed, there is £11.00 sat in paypal that ebay will not release. Even though that actuall money was paid to them inpostal orders.

 

Hope this helps

BL

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I know about the D/D guarantee, but what gives them the right to set up a Direct Debit and take money without my authority?

 

Its the principle of the matter really for example if you gave me your bank details to pay some money into your account, and then I set up a Direct Debit to take £100 a month out of your Account, and actually took it, would the Bank Just refund you and that be the end of the matter, I dont think so!!

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Use the PayPal links to contact them and ask for verification of the reason they took the funds.

 

or

 

Tel: 0870 730 7191 (there is an alternative number, not 0870 if you can call the Republic of Ireland cheaply on your phone - +353 14369001)

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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