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    • 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...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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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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      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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open a parachute account if claiming against RBOS


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if you do a search on my name you will see the thread that I initially wrote about claiming back charges from them.

 

They werent charges I had accrued but the result of unauthorised direct debits being taken by paypal.

 

The bank was totally in the wrong charging me and I wrote to their cheif exec about it.

 

The £380 charges were dropped and they closed my account even though there had been no wrongdoing by me on the account!

 

We opened parachutes with Clydesdale just in case and got maestro on the basic account and were delighted with their treatment of us.

 

I'm going to look further into the legalities of them closing our account as they had no grounds for doing so and i'm still mad about it.

 

Take care and good luck all

Its my money and I'm making sure I get it back.:razz:

25/09/06 Letter from Robert Udy saying tough, sue us!

14/09/06 letter from cap 1 robert udy offering difference of £8 per charge. sent LBA and refusal back

14/09/06 letter from halifax returning £10 cheque but still going to send me my statements!!

cap one LBA sent 29/08/06 £360

Halifax Data Protection Act sent 29/08/06

 

There will be a 10% donation to this site when I win.

If it wasnt for you then none of us would have anything back

 

 

www.consumeractiongroup.co.uk free forum with advice and templates for reclaiming bank charges

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