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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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I owe RBS, do I get paid my charges….


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I don’t know if any one has the answer to this. I have a loan with RBS but have just

 

started a claim for my bank charges. In the event that this claim is in my favour would I be

 

paid this money or it would go straight towards my loan even though they are 2 different

 

account numbers putting in mind that the account I am claiming against is not active

 

anymore. The account is not close but I don’t have access to it anymore. it's been lock by the bank Please advice

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Your loan has a completely separate agreement and won't be affected by your claim.

 

Unless you are in arrears with the loan, then there is no reason that the bank can offset the settlement against the loan.

 

Why is the bank account frozen? Is it overdrawn? If so, then any settlement would probably be offset against this.

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Thanks for the swift response

I don’t know if I would say it’s in arrears or not but the situation was, I couldn’t meet up

with the actually agreed monthly payments. So I wrote them a letter through a third party

and got a smaller payment agreement with the bank. The new arrangement is up to date

and still on going as we speak.

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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The account was not overdrawn it was just frozen because I couldnt keep up with the loan payment and I arranged for reduced payment it was then passed to their debt management department in somewhere in Birmingham or Telford.

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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  • 3 weeks later...

Hi everyone this my situation is a very awkward, have serched all the forum without any luck with any answer and I had to PM Bankfodder, then decide to start a thread on it.

 

Hi ,

 

Sorry If this thread is meant to be somewhere else on the forum..

First of all I will like to thank you for this site and helping people without courage to fight their bank against unfair bank charges.

Just wondering if you could advise me on this, I had a current account with Royal bank of Scotland, took out a £19,000 (+ £5000 PPI) loan to consolidate my debt. The loan account is a different reference. Towards the end of 2004 I lost my job and couldn’t keep up with the loan payments. I turned to one of the debt management company who manage to negotiate for me to freeze the interest and reduce monthly payment £86 a month, have never missed any payment since.

About 6weeks ago I wrote to Royal Bank (Debt management in Telford since my account is handle by that department now) to have the PPI on my loan taken off, to my surprise I got a call from a guy advising me they’ve agree to take the PPI off with has reduced my Loan by almost 5k.

Then I decide to try and see if I could claim bank charges on my current account. Request for my statement calculate all the charge and it came to a total of £1996.52. Wrote to Royal Bank in Telford again and got a letter from them saying my complaint to refund charges has been passed to customer relation as the request for bank charges refunds are dealt with by that department. The customer relation has written to me since then with the usually terms and condition crap that they would not be refunding the charges. They’ve also refuse to refund me with the second request (letter before Court action).

 

My next move now is money claim. But what I would like to know is in the light that I get a refund back are they going to pay me this money or put it towards my outstanding loan? I personally would have thought they should as this charges was taken illegally and it was when my account were still up and running and in good shape.

 

Please kindly advice me on this and if there is any template letter or legal argument I could slam the bank with, in the event that they want to pay the charges into my Loan :?

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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The claim is got nothing to do with my DMP. The refund I got back on the PPI I did on my own initiative. The DMP just update their own record with the letter RBS sent to me informing me about the PPI refund.

 

The DMP wouldnt have known that I got a refund back for the PPI if I didnt inform them.

Am not really sure if I can base the refund on my own terms .:?

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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This is just my opinion

 

The banks agreed to halt interest on your loan to benefit you. They agreed to the DMP. Now, for me, I cant see the arguement against the bank completely offsetting the amount from your loan.

 

Could the bank, upon paying you this money and you keeping it, not decide to right to the Debt Management people and say, WOW hang on, we have just hgiven him £XX.XX and he hasnt paid us back, thats not the spirit of this agreement, we want our money now and we will add interest.

 

Like I said, just my view

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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  • 3 months later...
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