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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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Scottish Laws


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I live in scotland and i am just wondering if there is a big difference between the two laws ( scot/eng) and would i still be able to go ahead with getting my money back from the bank, is there a difference in the aproach?

cheers

john

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Yo have found our weakness at the moment. We are trying to brush up and get help on Scottish law.

The situatin sems to be only that Scotish procedure is diffent but the law is not a porblem and that you ca recover yur excessive penalties on exactly the same basis as you can in E/W.

 

Vheck the library for the court procedure rules.

Also have a look at the Govan website - which is linked in "Helpful Organisations" on this forum. They are a Scottish law centre and very good at this kind of thing with lots of info on their site.

POst your story in the correct forum here because there are others who are suing scottish banks and w sill soon build up a body of knowledge and experience.

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  • 2 weeks later...

Well, i decided to send the letter, edited from the govan web site, got my reply lol basically sez

 

unheaded paper

 

01506772509

dear MR blah blah

 

letter of complaint

 

thank you for your letter dated 11th feb which i have recieved in the branch today, i am glad you have given me the oportunity to explain the charges we have applied to your bank account.

 

you will appreciate that we have to pass on the costs for paid and unpaid items, should you use an unautherised overdraft. its only "fair" to all our customers that we pass these costs on to the specific account holdersaffected. to avoid incurring charges again in the future, you should ensure that your account remains within the agreed over draft limit. ( dont have an overdraft )

 

as you have already recieved two refunds for charges incurred ( not refunds they cancelled charges due to hit account as a " good will gesture " ) dated 3rd dec 2005 and also 11th feb 2006 ( days that i called them and they cancelled charges that were going to come of end of the month ) we will not be prepared to provide you with a further refund in this instance as the charges have been incurred legitamatly.

 

in addition i have enclosed a leaflet wich gives the details of our bank charges and explains alternative ways in which u can manage your account to prevent taking the account into a debit balance.

 

you will also find enclosed a copy of our leaflet explaining our complaints procedures.

 

should any of your concernes remain unresolved please let me know what you'd like me to do to put matters right. we are keen to resolve your concerns, if we are unable to do so we'll provide you with details of how you can contact the financial ombudsman service for help. if i dont hear from you within the next eight weeks i will assume you are happy.

 

if you would like to discuss your concerns, please telephone me on the number provided above.

 

yours sincearly

stephen hay

assistant manager

 

this is the reply after giving em seven days hmm dunno what u lot think?

 

nice bank of scotland leaflets too any one wanna copy?

 

 

john

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Get your figures, send the letter, send the Good News.

 

Just remember that the small claims no cost limit in Scotland is much less than here.

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  • 13 years later...

This topic was closed on 03/05/19.

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