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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!
    • 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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Next Directory PPI


Baz1994
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First I would send SAR's for both Next and Phoenix if you have not all information.

 

Then submit a PPI complaint to Next who will respond that they were not responsible but it will get things in motion to escalate your complaint with FOS regarding Underwriters responsibility.

 

I am sure others will add to the above but good luck and don't give up as it took mine nearly three years to be eventually settled.

 

Thanks for the advice. It's worth a go I guess!

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Hi Baz,

I am not sure about Phoenix, and why they got clobbered but l can only think it was on the basis that they automatically added the PPI to accounts.

Cups

 

Thanks cups.

 

I have asked FOS for an explanation as I have a similar situation on another complaint but they seem to be not applying same stance.

 

I will keep forum posted.

 

Cheers

 

Baz

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  • 4 weeks later...

This has all come as a big surprise to me.

 

 

I felt sure I had PPI on my Next Directory account from 1988 until I cancelled it around 1994,

the account is still active.

 

 

I sent a SAR to Next six months ago,

and it came back with transaction histories from 2000 and no copy of the original agreement

which I had specifically requested, just a generic copy.

 

I wrote back with a failed SAR letter and a very pleasant lady telephoned me at home

and said there was definitely no PPI added when it was opened.

 

 

I said how can you be sure unless you can see the original agreement

and she said they did not need to because there would be notes about insurance on my account,

so I accepted this and thanked her for getting back to me.

 

What should I do now?

I've got the account number but no proof of PPI

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if you paid PPI or whatever

it will be listed each month on the statement

what categories appear each month

on those years you think you paid it?

 

 

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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Thank you, I am aware PPI or whatever would have been listed on a monthly statement, unfortunately as I said in my post, I do not have any transactions histories prior 2000 which is the reason I tried to obtain a copy of the agreement. The failed SAR didn't produce any results so when I came across this thread it opened up other possibilities.

 

 

It seems every customer with a Next Directory account in the 1980's and 90's had PPI from the outset and I hoped someone on here with a similar experience might be able to advise me.

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Thank you, I am aware PPI or whatever would have been listed on a monthly statement, unfortunately as I said in my post, I do not have any transactions histories prior 2000 which is the reason I tried to obtain a copy of the agreement. The failed SAR didn't produce any results so when I came across this thread it opened up other possibilities.

 

 

It seems every customer with a Next Directory account in the 1980's and 90's had PPI from the outset and I hoped someone on here with a similar experience might be able to advise me.

 

Hi rosequeen,

 

Mine was from 1991 but I was lucky enough to have old statements proving insurance payments.

 

Did you not receive a statement of account with your SAR ?

 

I requested and received what looked like a computer orientated screen print with ppi total, claim totals etc for the whole account. Maybe go back and ask for further details :wink:

 

Keep forum posted. G/L

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Thanks Baz1994, the only records I received from Next were transaction lists from 2000, none from when the account was opened in 1988, and a sample of a credit agreement. My account is still in use but I've got no proof that I paid PPI, although I remember having the insurance until 1994. What can I do?

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Thanks Baz1994, the only records I received from Next were transaction lists from 2000, none from when the account was opened in 1988, and a sample of a credit agreement. My account is still in use but I've got no proof that I paid PPI, although I remember having the insurance until 1994. What can I do?

 

Well the transaction list that I received actually stated total insurance amount paid from 1991 to date. It also included other payment / interest totals to date so I trust that is what you received otherwise I would be asking Next for further details. It was headed 'Account Enquiry' sheet under my Next Account number.

 

I also sent an SAR to First Assist who were the policy administrators in which I also received policy wording details.

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Hi everyone

 

 

I know I definitely had PPI on my account and also remember phoning them years ago to query the PPI on my statements which was automatically added. Unfortunately I do not have any statements only a letter dated 12 December 201 1regarding the T&Cs which reads.

 

 

"Also as part of these changes we have decided to close the Next Directory Flexible Account Payment Protection Plan (PPP, the Plan). Therefore, as Appointed Representative, and with the agreement of FirstAssist Insurance Services Limited on behalf of the Insurer, in accordance with the terms and conditions of the Plan, we are required to give all members of the Plan at least 90 days notice that the scheme will close on 31 March 2012. The last date we will charge you for cover is 31 December 2011, although cover will remain in place until 31 March 2012, when the Plan will close".

 

 

I can't remember what year I opened my account. If I write to Phoenix do I need to send them a SAR with a £10 cheque or should I contact Next to obtain further information?

 

 

Thanks for any advice.

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start a new thread

of your own please

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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  • 2 years later...

Thank you cups and Baz1994. I know that this is an old thread but I wanted to thank you both for your persistence.

 

I've just successfully claimed PPI from Next and it was Phoenix Assurance that I dealt with. I'm just waiting for the payment to come through to my bank account.

 

I was just browsing on the PPI forum to read about other Next successes and came across this thread. My thanks to you both is because I see that it was your persistence that helped establish:

 

1. Who claimants needed to contact to get redress

2. The PPI reclaims process for Next

 

Of the claims that I have done so far, I found this one to be the easiest. I made my complaint via Resolver about 4 weeks ago, was contacted by Phoenix within 2 weeks and received my offer two days ago.

 

Hope you're both well and got some good use out of your award!

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Thank you cups and Baz1994. I know that this is an old thread but I wanted to thank you both for your persistence.

 

I've just successfully claimed PPI from Next and it was Phoenix Assurance that I dealt with. I'm just waiting for the payment to come through to my bank account.

 

I was just browsing on the PPI forum to read about other Next successes and came across this thread. My thanks to you both is because I see that it was your persistence that helped establish:

 

1. Who claimants needed to contact to get redress

2. The PPI reclaims process for Next

 

Of the claims that I have done so far, I found this one to be the easiest. I made my complaint via Resolver about 4 weeks ago, was contacted by Phoenix within 2 weeks and received my offer two days ago.

 

Hope you're both well and got some good use out of your award!

 

Oh brilliant deedee1310 and well done, glad to have been of some help.

 

Hopefully will receive funds in time for Christmas.

 

ATB Baz

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