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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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      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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