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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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Success against BCW + Ulster bank


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After many months of faffing about from Buchannan, Clarke & Wells & threats of legal action from me

 

Buchannan, Clarke & Wells have finally decided to drop chasing me for this alleged debt

& decided to hand it back to the Original debtor .

 

Hopefully the original debtor will stop chasing me for this alleged debt & decide to write it off

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Hi,

 

Could you give us the history of this please.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Hi Maroondevo52,

 

I will give you a heads up on what happened In July 2012

 

Ulster bank systems crashed in Northern Ireland

Out of this crash Ulster Bank alleged I owed them money as I went overdrawn by £1,404.27

 

I checked what money I had taken out &

found a discrepancy that was of the RBSO/Ulster bank own doing

as they caused my account to go into the above debt as they failed to manage my account properly.

 

Ulster Bank have been chasing me about this alleged debt from July 2012

saying I had taken money out of the account that did not belong to me

but as I said it was an error of the RBSO/Ulster bank own doing as

they caused my account to go into the above debt as they failed to manage my account properly.

 

Ulster Bank Employed the goons from Buchannan, Clark & Wells to chase me for this alleged debt which was of the |Ulster Banks doing.

 

We have been exchanging e-mails for the past couple of months & they where using bullying tactics to try get me to pay this debt

but they haven’t provided any proof that this debt was mine

I issued them with notice to produce which you will see below on the 23rd October 2013

 

FA.O Darren Caruthers/Alex Jones, Quality Assurance Officers

TAKE NOTICE that you are hereby required within 14 DAYS OF THIS NOTICE to produce

all, letters, copies of documents in your custody, possession or power, containing any entry, relating to the matters in question the debt held in the defendants name

and in particular all of the Plaintiff’s documents relating in any way to the Particulars of this matter.

 

AND FURTHER TAKE NOTICE that should you fail or neglect to produce the above documents,

or any of them further legal action will be taken against Buchannan, Clark & Wells DATED this 24 day of October 2013 To:

 

Buchannan, Clarke & wells

BCW House,

24 George Square,

Glasgow G2 1EG

 

I gave Buchannan, Clark & Wells 14 days to produce the said documentation,

which must have scared them as I received an e-mail to say that they were closing the account

& handing it back to the original debtor, which is RBSO/Ulster Bank

Edited by maroondevo52
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check your cra file has not been trashed

 

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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Yes, putting them on the back foot and demanding the provide proof was pretty much guaranteed to see BCW off.

 

I think you should now be dealing with the bank directly, as they might just decide to palm it off on another DCA.

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  • 4 weeks later...
Yes, putting them on the back foot and demanding the provide proof was pretty much guaranteed to see BCW off.

 

I think you should now be dealing with the bank directly, as they might just decide to palm it off on another DCA.

 

I have now issued the Ulster Bank with a copy of same order issued on the 8 November (sent with the attention of the girl in question & to be opened by addressee only) they have have had 14 days until end of the week to comply with it other wise i will seek legal recourse. They have been very quiet on the issue have made no attempt to contact me to head off this issue think they can just bully people into paying up without proof being produced

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