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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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Capital bank PLC Credit Care PPI


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I took out a loan in 1999 with credit care and paid loan back early and had to pay back £3000 on top of loan as told PPI was a lump sum.

 

can anyone suggest any action i could take. i have credit agreement here that i can scan and post.

 

it says advance: A £ xxxxx

 

credit care B £xxxxx

C £

loan (a + b + C) d £xxxxx

total charge for credit e £ xxxx

total amount payable (d + e) F £xxxxx

 

the total amount payable (F) is payable by consequetive monthly installments as follows........

 

apr 12.8

 

 

you agree to pay the BLANK premium of £ BLANK which will be added.....

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you would need to prove the ppi was mis-sold, or have a look at the multiple agreements thread .

 

there are some good threads and things in the stickies to try and work this out.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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http://i134.photobucket.com/albums/q118/toysandclothes/img015.jpg

 

http://i134.photobucket.com/albums/q118/toysandclothes/img016.jpg

 

Could someone please let me know what they think of the agreement. its my copy of the agreement do i need the one from them?

 

does anyone have an address for capital bank PLC?

 

what would i send first?

Edited by elizabeth25
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Hello elizabeth,

 

Firstly I believe your Agreement my be flawed as it does not effectively distinguish between the loan and the creditcare (PPI) cover I believe the payments for the loan and the credit care should be shown separately on the agreement ie monthly payments of £xxx for loan and £xxx for creditcare.

 

have a look here for more help..

Multiple agreements falling within section 18 CCA 1974

 

The company address is in the second of your photobucket links.

http://i134.photobucket.com/albums/q...hes/img016.jpg

 

It looks like a chester address I have done a search in the Companies House site and the FSA Register but only one company came up and it was not in chester.

 

Your loan agreement was 1999 so you will need to have a look at this on claiming mis-sold PPI providing you can pin down the company. They may no longer exist:eek:

 

For claims before 2005 and the FSA ruling from which campaign

How to tell if you’ve been mis-sold PPI

 

Quick check: were you mis-sold? - How to tell if you’ve been mis-sold PPI

 

Here is some information on credit care..

 

Name & Registered Office:

CREDITCARE LIMITED

177 MELTON ROAD

WEST BRIDGFORD

NOTTINGHAM

NG2 6JL

Company No. 02255549

 

spacer.gifspacer.gifspacer.gif spacer.gif Status: Active

Date of Incorporation: 10/05/1988

 

Country of Origin: United Kingdom

If you could post the full address and company number at the top the agreement I can be certain to put in the correct information to search again.

 

or you can have search yourself in here...

Companies House

 

and here..

FSA Register

 

hope this helps;)

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

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

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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  • 4 months later...

Hi

 

I have an update. They wrote back saying they dont have to provide a copy of the credit agreement. I obviously have one anyhow.

 

How do you suggest I now proceed. What happened was I paid off the loan early but lost the full PPI amount as they said non was refundable. I have looked at the spreadsheets on the PPI info but can not work out how to fill it in. Appreciate anyones help.

 

I have posted the agreement on here in a previous post.

 

Thanks

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Sorry, a further question. I have drafted a letter saying that they have not distinguished between the amount payable each month for the loan and for the ppi. i also said the policy was missold and I was not informed that if I paid the loan back early I would forfeit the whole policy sum. anything else to add?

 

also do i claim against capital bank who had loan with or credit care? many thanks.

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Hiya Elizabeth,

 

I can do the calculations for you and email the Excel Spreadsheet to you, but you have hidden the dates and figures on the agreement above.

 

Regards

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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