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    • 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  
    • Well tbh that’s good news and something she can find out for herself.  She has no intention of peace.  I’m going to ask the thread stays open a little longer.   It seems she had not learned that I am just not the one!!!!  plus I have received new medical info from my vet today.   To remain within agreement, I need to generally ask for advice re:  If new medical information for the pup became apparent now - post agreement signing, that added proof a second genetic disease (tested for in those initial tests in the first case but relayed incorrectly to me then ), does it give me grounds for asking a court to unseal the deed so I can pursue this new info….. if she persists in being a pain ? If generally speaking, a first case was a cardiac issue that can be argued as both genetic and congenital until a genetic test is done and then a second absolute genetic only disease was then discovered, is that deemed a new case or grounds for unsealing? Make sense ?   This disease is only ever genetic!!!!   Rather more damning and indisputable proof of genetic disease breeding with no screening yk prevent.   The vet report showing this was uploaded in the original N1 pack.   Somehow rekeyed as normal when I was called with the results.   A vet visit today shows they were not normal and every symptom he has had reported in all reports uploaded from day one are related to the disease. 
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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£21 Million Fraud At Bank Of Scotland In 1996


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BBC NEWS | Scotland | Edinburgh and East | Bank manager in £21m loan fraud

 

FROM 1996 !!!!

 

A bank manager carried out a £21m fraud on his employers as they named him business manager of the year.

 

Donald Mackenzie, 45, admitted at the High Court in Edinburgh to taking loans over five years up to March 2004 from the Royal Bank of Scotland by fraud.

The father-of-two had been employed as a business manager at the bank's Princes Street branch in Edinburgh.

A judge deferred sentence on Mackenzie for a background report, but rejected a plea he be allowed to remain on bail. Mackenzie also pleaded guilty to stealing £37,170 between

:cool: sunbathing in juan les pins de temps en temps

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  • 2 months later...
  • 2 months later...

Here's a skeleton about to come out.

 

http://www.sundayherald.com/news/heraldnews/display.var.2471816.0.hbos_faces_hard_questions_overuse_

of_troubleshooters_who_misappropriated_company_mon

 

Hope this link works - if not, go to Sunday Herald and key in HBOS Faces Hard questions....

 

This little [problem] has cost HBOS between £500M and £1BN and it has affected thousands of people. But as you'll see in the article - they have nothing constructive to say. In fact, they've chosen the route of victimising the victims of this crime. In my own case, not content with destroying my family business, HBOS senior executives are also hell bent on evicting us from our house - even although a Judge has refused to do so on four occassions.

 

By the way, if anyone on this site has any knowledge of perjury laws, I'd be really grateful if you would PM me as I really need some advise. the police have been helpful but I fear they are not well practised in the avoidence of legal Corporate trickery.

 

many thanks

Spandavia

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BBC NEWS | Scotland | Edinburgh and East | Bank manager in £21m loan fraud

 

FROM 1996 !!!!

 

A bank manager carried out a £21m fraud on his employers as they named him business manager of the year.

 

Donald Mackenzie, 45, admitted at the High Court in Edinburgh to taking loans over five years up to March 2004 from the Royal Bank of Scotland by fraud.

The father-of-two had been employed as a business manager at the bank's Princes Street branch in Edinburgh.

A judge deferred sentence on Mackenzie for a background report, but rejected a plea he be allowed to remain on bail. Mackenzie also pleaded guilty to stealing £37,170 between

 

I think you'll find that he worked for RBS not Bank of Scotland (as stated in the thread title) - RBS is of course a completely separate organisation.

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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I felt sorry for that bank manager - he didnt steal £21m he basically gave loans to people without getting the proper credit approval internally. Some of the loans went bad and he was found out. No doubt he was under huge pressure to sell from his employers and it all spiralled out of control. The £37k he was accused of stealing was because he recd a higher bonus based on the amount of forged loans he granted. Whilst he was on bail I heard he was working in an Edinburgh supermarket stacking shelves - quite a come down. He also lost his bank pension, was divorced and is basically left with nothing....

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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Any chance a member of site team could change the title to include the word "Royal" as Spandavia has issues with HBOS(not related to RBOS) Thanks.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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