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    • 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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    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx  
    • Well tbh that’s good news and something she can find out for herself.  She has no intention of peace.  I’m going to ask the thread stays open a little longer.   It seems she had not learned that I am just not the one!!!!  plus I have received new medical info from my vet today.   To remain within agreement, I need to generally ask for advice re:  If new medical information for the pup became apparent now - post agreement signing, that added proof a second genetic disease (tested for in those initial tests in the first case but relayed incorrectly to me then ), does it give me grounds for asking a court to unseal the deed so I can pursue this new info….. if she persists in being a pain ? If generally speaking, a first case was a cardiac issue that can be argued as both genetic and congenital until a genetic test is done and then a second absolute genetic only disease was then discovered, is that deemed a new case or grounds for unsealing? Make sense ?   This disease is only ever genetic!!!!   Rather more damning and indisputable proof of genetic disease breeding with no screening yk prevent.   The vet report showing this was uploaded in the original N1 pack.   Somehow rekeyed as normal when I was called with the results.   A vet visit today shows they were not normal and every symptom he has had reported in all reports uploaded from day one are related to the disease. 
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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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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M&S Credit Card failed/botched balance transfer


nat_haffler
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Hello. Can anybody help me?

 

This is my first post on here.

On December 2nd I transferred a balance of £460 from another card (Clydesdale) onto my M&S credit card, taking advantage of a 0% offer; I have had the M&S card for a few years now. A few days later I received a letter from them informing me that the balance transfer had been completed. I thought this strange as I'd never received one of these before when transferring earlier balances to the card.

 

Anyway, the £460 hasn't reached the Clydesdale card account yet but shows up on my M&S statement - in writing at least it looks like I now owe two lots of £460 to two creditors!

 

I called Clydesdale. They weren't very friendly and said it was M&S's problem. M&S customer service centre (0845 900 0900, probably abroad) first informed me that they would have to put me through to the balance transfer dispute centre in Chester (UK). Then the man said that he **wasn't authorised to**. He logged my dispute and told me that "someone will contact you by phone". He was unable to give me a time or a date. Unsatisfied with this response, I phoned back an hour later. This time the lady on the phone said she had **no means of putting me through to the resolution centre** but someone would contact me; she again was unable to give even an approximate date or time. She also said that I **may** be contacted by letter.

 

During the numerous calls to M&S, the Clydesdale credit card number has been checked every time; the one they have on file is correct and matches my card. During the last call, the lady asked for the Sort Code and Account Number on my Clydesdale statement - I wasn't asked this when I did the original balance transfer by phone. She added it to my notes.

 

7 days later and the £460 is still showing on both my M&S AND Clydesdale accounts. Very anxious, losing sleep and all that. Any advice anyone? Even about the technicalities of the balance transfer process in general and what happens if things go wrong and where liabilities lie? And what happens if M&S simply refuse to give the money back? Or what happens if M&S have done everything right and it's Clydesdale who are at fault yet refuse to refund me also?

 

Cheers

Nat

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I personally would suggest to stay off the phone, as when you ring in, you speak to unknown different CS agents who either give different responses or non answers.

 

Which don't get you very far or are even helpful.

 

So I would contact both CC & write to them, describing what has happened (as above) & how you want them to sort this out for you.

 

Also state what resolution you seek. I.E. The £460 removed/added to which CC correctly & the balances to reflect this.

 

I've found these contact details for you;

 

M&S CC

 

http://bank.marksandspencer.com/explore/contact-us/overview/

 

Cards & Loyalty Department

M&S Bank

Kings Meadow

Chester

CH99 9LZ

 

Clydesdale CC

 

http://www.cbonline.co.uk/contact-us/other-contact-us

 

Email;

 

[email protected]

 

Customer Experience & Marketing

Guildhall

1st Floor

57 Queen Street

Glasgow

G1 3ER

 

I do hope this gets sorted for you asap,please do let us know how you get on.

 

Good luck!!

I don't suffer from insanity, I enjoy every single minute of it!!

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  • 2 weeks later...

Result. I posted a recorded letter off to M&S on Saturday 20.12.14, and just caught the last 12:30pm post. I planned to write another one to Clydesdale later - as it turned out, this was not necessary. On Tuesday morning about 10am (23.12.14), I received a phone call from a representative from the M&S Customer Services Team. Turns out the card number was entered incorrectly by an operator and Clydesdale had rejected the payment. This lady was very friendly and apologetic. She claimed to be unaware of any rule that prevented the call centre operators forwarding people onto the Balance Transfer Dispute Team or Customer Service Centre in Chester and promised to investigate this for future reference. She also said she would credit my balance with £35 compensation for my inconvenience and although I haven't checked this yet (due to Christmas holidays), the balance transfer appears to have gone through now, the Clydesdale automated balance inquiry service reflecting this accordingly. I just hope there are no more problems. I got a direct number for the Customer Services Department in Chester from the friendly and helpful lady. It is 0800 028 9004. N

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