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    • Aesmith - Thank you for your recent interest in my issues.  Input on people's topics can be most useful from specialised experts or those that have similar experiences.  Some people really struggle with knowing what to do (I certainly do) - so it is most useful and helpful and reassuring when solid sensible advice is offered.  I have found there to be some very kind, helpful, supportive and legally knowledgeable people here on cag over the years - who give sound legal advice for people to roll up their sleeves and follow up on.   Of course, sometimes it can be quite challenging sifting the wheat from the chaff.  I don't have lawyer or barrister.  I sometimes attend pro-bono legal clinics for help.  And sometimes have access to barristers via a pro-bono service called Advocate.  Both ad-hoc. Pro-bono means 'free'
    • The Judge was wrong. The keeper is only INVITED to say who was driving, there is no obligation for them to say.
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    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
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Is it worth trying to talk to them first? (RBS)


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I've just found out about the possibility of reclaiming charges, and think I could be owed thousands.

 

But, I like my bank and apart from the charges (which, while excessive, to be fair they have only been incurred in the first place through my spending) I've had a good relationship with them, as has my mother who also banks at my branch. So I don't want to fall out with them or move to another bank.

 

I was wondering if phoning your personal banker about reclaiming charges before sending out letters is a) worthwhile, and b) has borne any fruit for people, as I don't want to start the ball rolling the more official way if there's a chance of negotiating with them verbally first.

 

Help appreciated.

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So, talk me through this... They have unlawfully taken thousands in bank charges from you, but since it was your fault you overspent, and you didn't kick up a fuss about them helping themselves to your money, that makes it a good relationship with them?

 

Newsflash: The "good" relationship is solely due to your meekly paying up, and having enough money to pay up. The experience of thousands on this forum is that the moment the money dried up, the goodwill on the banks' behalf evaporated like morning dew on a hot summer day.

 

2nd newsflash: They are likely to turn quite mean when you refuse to play by their rules.

 

But if you really think that you'll get your thousands back by talking nicely to them, why not? Please call them. If it works, PLEASE come back and tell us, we're always looking for ways to make life easier for people here. And to be fair, we have had people gettign 1 or 2 charges back with a phone call. Thousands, never to my knowledge. Would be nice, though. :)

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It does depend on what bank charges they owe you. Anecdotal evidence on this forum is that if you unfair penalty charges are less than £100, then yes, a 'phone call often, but not always, does the trick.

 

Any amount over this, then don't even waste your breath. They will have you calling all round the country, with promises to call you back, and leaving you VERY frustrated.

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

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Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Guest Lueeze

I called Capital One and got a refund of over £300, but I did say I was a Mod for CAG and they said Okay, we cant be bothered to argue.

 

Saying that capital one do pay up easily in comparison to the banks.

 

its unlikely but worth a try...

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I have no doubt that they "launch in" when they are unhappy with you, why would you do anything different to them? No matter what sort of relationship you have with your bank it all comes down to the fact that the charges are illegal. Wether you decide to claim them all back or not is up to you.

Pam.

 

If anything I've said helps you then please feel free to tip my scales!

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Guest Lueeze

Yes I was on the LBA stage before phoning Capital One.

 

Mostly its recommended you dont call at all, but I had leverage so I did.

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Sarah-Jane,

you make it sound like you are about to press the big red button on the Bank. You are not! The letters merely set out your underlying disappointment in their actions. I find that I don't even get a letter nowadays, I just log on to digital banking and the charges have been applied, £90 for referrals and £100's for unpaid DDs every month. I, personally, am fed up with losing money hand over fist when I worked hard to get it in the first place. I have been with the RBS since 1990 and my father was with them for ages before that, up until recently I thought I had a 'good relationship' with them until I started getting multiple charges, not getting phonecalls returned to try and sort this out, loans to cover charges and overdrafts, bigger overdrafts.....then one day you have an epiphany, what would have happened if these charges had not been applied, well, I for one believe that I am 'sensible' with my spending and do not go out to try and incurr charges but live within my means(-ish). I am not doing so because of £1000s of charges.

You are not being rude and should not expect to get 'kicked' out of the Branch, although you may wish to set up another account elsewhere just in case. It is your money and you are merely asking, in a pleasant, direct manner, giving them time to answer and acting within the law. Sod them!:p

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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If they have taken lots of charges from you, I would screw them for every penny. This bank does not understand the word 'nice' as I discovered. This bank has a turnover of over £8 billion in profit, mugging customers like ourselves. It is a greedy bank that needs to be destroyed.

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