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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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    • 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  
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        • Like

June v rbos


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Hi All, ive been reading over this site since it was highlighted on tv, and been reading the threads with interest and im now going to bite the bullet and take action as i have been so annoyed with rbos for years about charges they have taken from me. It got to a point last year when i changed jobs and asked for the date to be changed on my loan with them and was told it would take 6 weeks???????? and they never changed the date, took them about 4 months, so it resulted in me being charged every month for being overdrawn then for dd's bouncing, resulting in some months just barely paying my bills and then having no money to survive and did they care, not a trot.

 

Got to the stage at xmas i had to go to money advice as i couldnt pay my way, now i will have defaults over the place as they are working out a plan for me to pay this all back.

 

Anyway im just about to send my dpa off and i know this is a common question but just need the reasurance that im going this right, (read the faq), but should i send my letter and £10 to their headquarters in St Andrew Sq, Edinburgh recorded delivery or hand into my local branch? And also i had/have a cc with them and a loan and overdraft that i have not paid anything into since Jan 06 (opened new account with clydesdale), can i send the letter for all 3 accounts or does it need to be individual?

 

June

Data Protection Act sent 27/06/06

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Hi June, and the forum.

 

I called my local branch of the RBOS, and asked for my statements from Jan 01 - 2001, they deducted £5 from my account and I had them 3 days later.

 

I am with the Edinburgh South Gyle and Corstorphine branch, and i have to admit I am sad I need to reclaim my charges (£2,705) since the staff have always been good.

 

Please remember that the bank is at fault and the peeps in the branches often do refund charges on request.

--- --- --- --- --- --- ---

Current State of Affairs:

--- --- --- --- --- --- ---

RBOS Royalties Account - £2705 in unfair charges. Prelim letter sent 26/6/06

Reply Received 06/7/06 - PLease go away

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Hi June and welcome! you only have to send one letter and one £10 fee for all three accounts, just make sure you have all the account numbers on ok? if its easier for you hand it in to local branch and ask for a receipt for the letter, they will pass it on to relevant department! good luck!:)

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Thanks for the speedy response, its apprecitated, I will hand it into my local branch on Monday with the £10 p/o as dont have access to chq or a cc.

 

Is it from Monday that i will count the 40 days for them to comply and thats including the weekends and bank holidays?

 

I am so glad of this site as i was willing to just sit back and take what they dished out to me and its ended me up in so much debt as i couldnt pay anyone money i owed them and rbos really didnt want to know.

 

June

Data Protection Act sent 27/06/06

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Thats the dpa sent off to rbos, sent it to edinburgh as i dont really want my branch knowing anything as im outside the branch daily working and dont want anyone in there at the moment knowing my business.

 

Did get a letter from them today saying they were willing to accept an interm payment for my accounts through the debt councillor, but only in the short term, they have a cheek, had it not been for all their charges i wouldnt be in this mess today, and to add insult they have added a default to my account.

 

So bring it on rbos lol

Data Protection Act sent 27/06/06

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Hi just a quick question, i know this has been covered but cant find it, i sent my Data Protection Act letter away on 27th June with the £10 postal order, i sent it recorded delivery but when i go online its not saying the letter has been delivered. should i resent or call them?

 

June

Data Protection Act sent 27/06/06

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  • 2 weeks later...

Hi regarding my last post ive still not heard anything from the bank and im starting to get worried, can anyone advise me what to do as its getting over half way there to the 40 days and ive still not heard a thing from them.

 

June

Data Protection Act sent 27/06/06

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  • 2 weeks later...

I sent my dpa away to rbs 56 South Gyle Cres Edinburgh EH12 9LE and it was never delivered, can anyone advise me of the correct address and do i now still need to start from scratch again with my 40 days?

 

June

Data Protection Act sent 27/06/06

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