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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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JB vs RBos


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Hiya, just thought you'd like to follow my progress on reclaiming £1020 (£1118.15 with interest).

 

I'm adamant that I will get these charges back as for I'd years been very good with money but due to a mishap, fell into severe debt almost overnight. My branch refused to help me out in the short term with charges, knowing full well they were about to start raking it in! But anyway, long story short, the £1020.00 was accrued over just 3 months for a few missed D/D's!

 

I requested my statements for 6 years on 21st Feb, which I received approx 3 weeks later (they took my £10!).

 

On 4th April I sent the preliminary letter requesting charges with interest be repaid, the reason I wanted to include the interest in the preliminary letter was to raise the bargaining bar so to speak.

 

I received a letter back from RBoS in acknowledgement of my claim on 16th April, basically saying it's under consideration and they'll respond asap.

 

Today is the 24th April and I just spoke to a Customer relations advisor at their CRU in Edinburgh to see how much consideration it was being given. I was told that I should receive an offer of the amount I requested without interest in approx 7 weeks.

 

Do I stick to the 14 days per letter as I intended, the next one being the letter of intent to take court action or show willing and give them till 5th june?

 

Any advise would be appreciated.

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Stick to your timetable not theirs. So next action will be filing your Summary Cause or N1 (depends where you live) after the 14 days are up.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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Thanks, I was Kinda leaning that way just needed a push! This is basicallly a copy of what's going next, seem ok?

 

Dear Sir or Madam,

Re. Account number: xxxxxxxxxxx

I refer to default charges applied to my account amounting to £1118.15, which I have requested you pay back.

I wrote to you on the 4th of April 2007, making the original request for a payment in settlement of my claim. After speaking with one of your customer relations advisors on 24th April I was informed that it will take 7 weeks for you to make an offer. Therefore, I am writing to inform you I intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court.

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the county court (via MCOL) will rule in my favour.

I have attached a full schedule of the charges and interest with this document.

Without prejudice

The charges and interest I have claimed above total £1118.15. However, if you are prepared to pay to me £1020.00within 14 days of the date of this letter (and, for such purpose, time shall be of the essence), I am prepared to accept this lower figure in full and final settlement of my claim and interest.

I look forward for a full response to this letter within 14 days, otherwise I will commence court proceedings to reclaim my money.

Yours faithfully,

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Looks fine but I would change:

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs

to:

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unlawful and not proportionate to your costs

 

Let us know how you get on.

P.S. Don't change it if you don't want to, its just how I would phrase it.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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Changed it thanks. I'm sure they'll understand how this is gonna go :) as according to the CRU which covers both RBoS and NatWest, they're dealing with 1000's of claims a week. This of course could be bull but if not it serves them right.

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  • 1 month later...

06/06/07 Recieved letter offering full amount of charges to be refunded (no interest).

 

Gonna take it obviously.

 

I actually gave them the 8 weeks they requested me to allow under FSA guidlines and as I was getting stressed at the time it seemed to show good intention which would only stand up better in court if I needed to take action.

 

Hold in there, your's is coming!!

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Well done jonno!! :D

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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