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    • 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!
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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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Bankers Draft Conundrum


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What is a bankers draft and why would you pay for one?

 

I had a Natwest Bankers draft today (a win from my case against them) so for fun went into natwest to pay it into my account and asked how long it would take to clear as it was the same bank and a bankers draft... the answer? 5 working days.

 

So exactly why would you pay £21 or so for a bankers draft?

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A personal cheque is a cheque drawn on a personal account. A bank draft is a cheque

drawn on the bank's account. To get one, you have to give them cleared funds first. Ie if you want a cheque from them for £1000, you must give them £1000-plus

their charge- I must say that £21 is a bit excessive- sure it's not £12?

So the cheque is virtually guaranteed not to bounce, unlike a personal cheque where you take pot luck. The banks say they are as good as cash. They are not.

They can be stopped just like a personal cheque-though you usually need a good reason. You have lost the draft, or you have a serious dispute with the person you gave the cheque to, for example. Drafts can also be forged and I know of instances where blank drafts have been stolen from a branch and then filled in for large amounts by the thief.

Why use them? Safety for one thing. Drafts are usually for fairly large amounts

[buying a car as an example]. If you get mugged with cash on you, you lose your cash:with a draft all you do is stop the cheque and get a replacement. Also much

easier to send it through the post than cash where the recipient will not accept a

personal cheque. It's a shame that just about the only bank that has a cheque

guarantee card for £1000 is the United bank of Kuwait.

 

Also if you accept a draft from someone, once you have exchanged your goods for it, do not let that person have access to the draft. There have been instances

where once they have your goods, they snatch the draft and tear it up then

claim they lost it and get their money back from the bank.

 

PS the reason that it takes 5 days to clear is that as it is still a cheque, it has to go through the same process as a

personal cheque [the bank clearing system]for it to be paid.

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ok, i apologise for posting again, but here goes.

 

at the halifax where i work, and deal with drafts all the time.

 

we can stop them, but only on reciept of written authourity from the payee on the draft, that is the only way we can do it, and get the customer to sign to accept that is the only way it will be stopped.

 

we can pay a halifax draft into a halifax account as cleared funds, slighty different procedures if it is the drawing branch, or another one, but end result is the funds available straight away.

 

hope that helps in any way.

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You are welcome to post whenever you want Howard.

I am surprised in a way that the Halifax treats drafts drawn on themselves as cleared funds straight away. After all the draft itself will not be cleared for payment

until 3 days later when it arrives at Head Office. There it will be checked for

authenticity and that it has not been stopped, nor any other reason for non-payment.

Compared to Nat West, the Halifax is comparatively new to having received banking status and so may not have been heavily stung by adopting this practice commendable though it may be. It remains to be seen if they will be forced to change in the future, but they do run a risk as it stands.

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Someone I know was scammed via a fake bankers draft. (classic nigerian [problem], they sent a bankers draft for larger than the sale amount, then asked my friend to send them the balance minus an amount for her trouble - my friend assumed that as the bankers draft had cleared into her account it was fine and the money was safe) The bank accepted it when it was paid in, cleared it and my friend sent the money. A few days later my friend happened to mention it to me, I realised what was going on and told her to phone the bank immediately. They said 'yes there are scams like this, we'll look into it'. 2 weeks later my friend received a letter informing them that it was fake. It wasn't even a very good fake (my friend realised when she saw it again how bad it was, but she assumed as the bank accepted it that they must have checked it and it was fine)

 

Result - the bank took the money back with no liability to themselves whatsover. The police did sod all.

 

I certainly wouldn't accept a bankers draft for large amounts such as a car. The rules about clearing must have changed, as then (last year) the bank had an obligation to make the funds available within 48hrs, what they don't tell you and what very few people seem to be aware of is that it can bounce and they will take the money back 2 weeks later.

 

I know my friend went to the FSA and CA, but never got a penny back. I think the amount was around £900.

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

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You are welcome to post whenever you want Howard.

I am surprised in a way that the Halifax treats drafts drawn on themselves as cleared funds straight away. After all the draft itself will not be cleared for payment

until 3 days later when it arrives at Head Office. There it will be checked for

authenticity and that it has not been stopped, nor any other reason for non-payment.

Compared to Nat West, the Halifax is comparatively new to having received banking status and so may not have been heavily stung by adopting this practice commendable though it may be. It remains to be seen if they will be forced to change in the future, but they do run a risk as it stands.

we do quite a few checks when it is presented, even when it is at the dsame branch it is drawn, anything doesn't add up, it goes straight into the normal clearing system, and an investigation is started at the same time.

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  • 12 years later...

This topic was closed on 10 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

Do you have a website? Add the following code to add a link to The Consumer Action Group:

 

<a href="http://www.consumeractiongroup.co.uk"><b><font color="#FF0000" face="Verdana, Arial, Helvetica, sans-serif">The Consumer Action Group</font></b></a> - <font color="#FF9900" face="Verdana, Arial, Helvetica, sans-serif">Reclaim your rights as a consumer and reclaim your unfair bank charges! Free site with letter templates and helpful forum.</font>

 

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