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    • I have received a PCN from Euro Car Parks for MFG - Esso Cobham - Gravesend. I was completely unaware that there was any such limit for parking and always considered this to be a service station. I stopped there to use the toilet, have a coffee and made a couple of work calls. I have read the previous topics on this location which suggest I can ignore this and ECP will not take legal action. The one possible complication is that the vehicle is leased by my employer so I do not want to involve them with the associated reminders and threatening letters. The PCN was first issued to the leasing company Arval who have notified ECP of the hiring company. I have attached a copy of the PCN Notice to Hirer with details removed as per instructions. What options do I have or should I just pay the PCN promptly at the reduced rate of £60? img20240424_23142631.pdf
    • What you have uploaded is a letter with daft empty threats from third-party paper tigers.  Just ignore it. What we need to see is the original invoice you received last October or November.
    • Thanks for posting the CPR contents. i do wish you hadn't blanked out the dates and times since at times they can be relevant . Can you please repost including times and dates. They say that they sent a copy of  the original  PCN that they sent to the Hirer  along with your hire agreement documents. Did you receive them and if so can you please upload the original PCN without erasing dates and times. If they did include  all the paperwork they said, then that PCN is pretty near compliant except for their error with the discount time. In the Act it isn't actually specified but to offer a discount for 14 days from the OFFENCE is a joke. the offence occurred probably a couple of months prior to you receiving your Notice to Hirer.  Also the words in parentheses n the Act have been missed off. Section 14 [5][c] (c)warn the hirer that if, after the period of 21 days beginning with the day after that on which the notice to hirer is given, the amount of unpaid parking charges referred to in the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in full, the creditor will (if any applicable requirements are met) have the right to recover from the hirer so much of that amount as remains unpaid; Though it states "if any applicable ...." as opposed to "if all applicable......" in Section 8 or 9. Maybe the Site could explain what the difference between the two terms mean if there is a difference. Also on your claim form they keeper referring to you as the driver or the keeper.  You are the Hirer and only the Hirer is responsible for the charge EVEN IF THEY WEREN'T THE DRIVER. So they cannot pursue the driver and nowhere in the Hirer section of the Act is the hirer ever named as the keeper so NPC are pursuing the wrong person.  
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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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Seems to favour the banks


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My complaint sat with FOS for 2 years. The issue was false accounting by barclays who failed to credit my mortgage with several thousand pounds in overpayments. Adjudicator was inept and useless. Failed to understand facts and simply relayed whatever barclays told him back to me- eventually it went to an ombudswoman who also failed to get her head around things.

 

Barclays consistently refused to provide answers and she got worn down so simply told me the bank had corrected my account and then closed the case.

 

I had no idea how [edited] this organisation is so i believed her. Once the case was closed, it emerged there were NO corrections made and FOS refuses to revisit the case "because it is closed".

 

i got the case files under a subject access request and it shows how month after month they email barclays and the bank simply failed to respond - FOS has no power to do anything.

 

Filed a complaint with the "iNDEpendent Assessor" who sits in the same building as FOS and really is part of FOS, appointed by FOS. But first she fobbed me off 3 times. Now tells me they don't investigate incompetence, just admin failures. OK!

 

Meanwhile my account remains incorrect 2.5 years on and there is nothing i can do about it.

Barclays says "it was dealt with by FOS" and refuses to discuss it.

 

In short - all these establishment organisations are as [edited] as each other, they collude and cover for each other. I should have known better. It is no wonder these banks behave the way they do - they are untouchable and they know it and there is not a thing you can do about it, little consumer.

Edited by honeybee13
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FOS are useless. Ignore documentary evidence provided by the consumer and believe everything financial institution says even though they provide no evidence or audit trail.

 

Can't you bring a fresh complaint rather than reopen the old one? If you've got evidence of the over payments and incorrect statements, what about a claim via small claims? How much are we talking about?

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Hi

 

It is not really in dispute - as I have audio recordings of barclays conceding the account remains incorrect 2.5 years on. This individual, whom i believe to be misleading (personal opinion based on evidence gathered) then made numerous contractual agreements with me, but then misled me repeatedly that he had implemented these when he had not. It's the fact they have a staff engaging in misconduct but you cannot report it that gets to me. He is in the complaints dept. So if i complain about his misconduct - it ends up on his desk! He already informed me he is dealing with another of my complaints. Anyhow I am now looking in to handing my evidential pack over to their anti corruption unit- although it has taken forever to actually establish that they have one!

 

I don't want to go via small claims as the fact is, barclays will have expensive barristers to throw at me and they will know all the tactics and legal games to play. Meanwhile - i still cannot make overpayments. That is my priority, i just want a competent manager to deal with the misconduct and correct my account, but apparently that is impossible.

 

I actually tried to post separate threads about this but they keep getting merged.

Edited by citizenB
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I took my complaint to the FOS about my bank Halifax lending me money I cannot pay back.

 

I heavily quoted parts of the lending code which the FOS ignored, quoted that Halifax had breached it own lending criteria, again FOS ignored.

 

The FOS had ignored the fact that I was in financial difficulty bearing in mind I was in an IVA had missed payments on the loan etc etc.

 

They sided with Halifax saying they did nothing wrong even though I am in debt to the tune of nearly £15K.

 

It is just a pity that there is nowhere to turn to to voice the fact the FOS are a complete shambles!!

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People suffering financial hardship become desperate and over extend themselves again. That's why there's guidelines in the Lending Code etcetera about irresponsible lending.

 

that's why I replied as I can comment from a bad experience with a certain bank, in which I nearly lost everything.

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I think the only way you will get resolution now it has been considered by the FOS is via the courts.

 

In a small claims case of £10k or under your exposure to the defendants costs would be minimal unless you litigated unreasonably and wasted court time and costs. The nature of these capped costs mean that they may not be as tough a nut to crack as you think they are, especially if you have the evidence you say you do.

 

People here can help with the process.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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  • 2 weeks later...
People suffering financial hardship become desperate and over extend themselves again. That's why there's guidelines in the Lending Code etcetera about irresponsible lending.

 

I heavily quoted certain parts of the Lending Code that Halifax had breached and yet the Ombudsman ignored the evidence I had submitted. I even went to lengths of contacting the Lending Standards Board about these issues, I never got a satisfactory response back either.

 

I dont see the point of having a Lending Code if banks breach it and complaints of breaching it are ignored.

 

I am just very angry my bank threw money at me left right and centre, putting me into debt, and then refusing to accept responsibility that they had lent money to someone who is unable to repay it.

 

Halifax are an appalling bank to say the least!!

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you borrowed the money yet you were not in a position to repay it??????

So what? Is this not the standard in the banking industry?

"Ask not what your country can do for you, ask what you can do for Poundland"

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