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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!
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    • 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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    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      This is good ethical practice.

      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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Honest opinon needed please


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Hi, I've asked this elsewhere but no answer.

 

On Fri, i was played a recording of my loan application in Jan. This is after i complained that i was missold my PPI.

 

In all of the 20mins recording, i am not told i HAVE to take out PPI in order to qualify for the loan (Yet i am certain i was told this). the other strange thing is , the conversation goes from her recommending PPI, explaining its benefit and then telling me how much it comes to per month, the APR and the fact that it includes PPI. At no point am i asked "do you want PPI?" nor is there a direct agreement from me stating that i am going to purchase PPI.

 

The conversation ends with "we'll send you out the agreement, please read it carefully and make sure you tick box 4 and 5 for the PPI or it will delay your application"

My question is , IS IT POSSIBLE THAT PART OF THE CONVERSATION WAS REMOVED?

 

I need to know this because i have to write to my bank and send some kind of appropriate answer after listening to the recording.

 

Am i barking up the wrong tree here?

 

Please help.

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Thanks for quick reply, even when i heard the PPI part of the recording, it just felt weird as if something was missing.

 

And Yes, to anyone else out there, i KNOW i've spelt opinion wrong!

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unless they give you an original copy, then it's not proof of what happened as it could have been docotored. Unfortunately, you'll probably never know what is an original and what is a copy. However, I'd say IMHO that if there's nothing saying 'do you want PPI' then you never bought it.

BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest

1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

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Have you got your copy of the loan agreement? If so, have a look and see if the PPI premium was added before the interest calculation. If so, you have them by the sphericals.

 

As they have refused to supply you with a copy of the conversation, perhaps you could ask them to play it again and record it at your end. From the way you describe it, it sounds fishy. For example, why would failure to tick boxes 4 and 5 delay your application???

 

Elsinore

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Hi elsinore, The loan reads:

 

Amount of loan:£7000.00

Amount of payment protection insurance premium:£1652.42

Total amount we are lending you:£8652.42

Period for which this agreement lasts:48

 

It then goes on to tell me the total amount for the loan, for payment protection and the full total i must pay.

oh, and the interest on the payment protection is £618.94

 

Are they not meant to add the premium before interest?

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Sorry elsinore, forgot to answer your other question. Box 4 and 5 were for the PPI and when i received the agreement, i forgot to sign that section by mistake. A few days later, they contacted me and said that the agreement was back on its way to me because i hadn't completed all sections and that once they were signed, the money would be transferred into my account.

 

I have also asked for a copy of the letter they sent to me when they realised i hadn't signed all the bits and they've refused saying that it was just a standard letter.

 

Also, having looked at the letter they sent confirming the approval of my loan, they have re-enforced the importance of PPI by stating "tick the box indicating you wish to purchase PPI and sign again next to the tick box"

 

I mean, if this is not pressure to purchase PPI, what is?

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They are obliged, under the DPA, to provide a copy of the recording, or a transcript. I'm not sure if playing it down the phone meets the DPA requirements, so I would investigate whether, if you made a formal DPA SAR you could obtain a tape or CD of the call. I would also ask them to provide details as to the exact time of the start, and end of the call, and then compare these details, and the length of the recording, to the call details on your phone bill, if you have it.

 

I don't believe they would edit the call in all honesty. Certainly the bank I work for would not even have the facility to do this.

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