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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!
    • 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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      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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How long will name be 'black-listed'?


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Hello! Just wanted to check this out. Husband has loan with A&L & for first time ever, did not take out payment insurance. In 2005, out of the blue, husband was rushed into hospital for emergency op - no previous illness & totally unexpected. Following a further op, eventually went back to work 13 months later. During this period he had an arrangement with A&L to make reduced monthly payments which he made religiously. On returning to work he resumed normal payments with an arrangement to pay an extra amount each month to pay off the arrears accrued whilst paying the reduced payments. Again, he has paid this as agreed, every month on the dot. In the meantime, his credit card co. slashed his credit limit, his bank will not give him an overdraft - despite having had one for the last 25 years! - & we cannot even take advantage of special offers with cable tv which would reduce the amount we currently pay! All have said they can't do anything because of credit ref. so got copy of credit report & despite paying A&L as agreed, they have 'black listed' him. This seems very harsh considering the circumstances. If I borrowed money to pay off the amount of arrears remaining, would this then be removed from his credit rating? Or will it stay there for a certain period? He has always paid everything properly until this episode & it seems unfair that he is now penalised so much for an unexpected but genuine health problem which he has now completely recovered from. Any advice?

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There is no such thing as a 'black list'

 

What exactly is on the credit file?

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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What do you mean by "black listed" him? Have A&L put a default on his CR file? or have they marked it as "reduced payments"?

No one can make you feel inferior without your consent :)

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Barracad is quite right - there is no such thing as a 'blacklist - your OHs cred ref file is simply a factual history of his credit agreements; any missed or reduced payments will be shown and A & L may still have issued a defsault notice as even with agreed reduced payments he would still have been in breach of the original agreement he signed.

 

Any adverse credit stays on his file for 6 years and only false or inaccurate information can be removed ( be wary of 'credit repair' companies who offer to remove defaults etc ).

 

It is possible to add a Notice of Correction to the file but there are differing opinions as to how weffective this actually is - it's a statement of up to 200 words which you can add to your cred ref file to explain a particular entry ( e.g. your OH could detail why he fell behind 7 the fact he kept up with the arrangement since 7 is now paying in full plus arrears ).

 

The idea ( I think ) is that while a computer is usually used by lenders to scan cred ref files they cna'tdo this with a Notice of Correction so any application would be looked at by a person. As I mentioned above there are different viewpoints as to how much this happens in practice but I'm not here to give an opinion on this just the facts!

 

Best of luck :)

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  • 2 weeks later...

Hello again! Thank you for your very helpful reply, Powelll, & sorry for not having replied sooner. I will be looking into things further & will have a think about whether to add a 'Notice of Correction'. Kind regards & thanks again. :)

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There is no such thing as a 'black list'

 

What exactly is on the credit file?

 

Are you sure? I am fairly certain properties (but not people) can be blacklisted - I've encountered this at least three times. It's possible the address has been blacklisted.

"Why CCJ when you can CCA!"

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