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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Unpaid Item Fee


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I got a letter this morning from RBS, stating that I am being charged for 2 unpaid items, totalling £76 for two direct debits that couldn't be paid of £6.30. It's nearly 6 times what the direct debit is worth, and i'm not sure how to approach this.

 

I admit that it's partly my fault because I thought I had set the direct debit up with a different account, but i'm not entirely sure what they're charging me for.

 

Also, this is the first correspondence i've recieved, despite them stating the first item was on the 20th July and the other on the 6th of August. Why they hadn't told me previously I do not know, because then I would of known about the second one and could of put some money in so it wouldn't occur again, or cancelled the direct debit.

 

I rang the branch earlier and they said there was nothing they could do. I explained that they have not sent me any correspondence rgarding the first fee and that if they had done this I would of known of the problem and it would not have occured twice, but they refused to do anything, even remove just the one. I don't quite know how to approach this, and was wondering if anyone knows what I could do to not pay this fee, and also whether they're allowed to charge me such an amount just for sending me one letter telling me they're going to do just this. =/

 

Also i'm new to this forum, so any help would be brill.

 

Thanks

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Update;

 

Turns out that they "forgot" to send my statement on the 8th of August, and have therefore made an error, so have refunded me for one of the charges. I'm still unsure whether I should press on for the other charge. The woman on the phone gave me a load of rubbish about RBS not refunding anything whatsoever until the court case is done, and then went and refunded one? So she was lying in the first place.

 

Do I try and get the other one refunded, or not? And if so how would I do this?

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