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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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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.  

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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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Metro Bank Business Instant Access Account


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I popped in to a Metro Bank branch in South London recently to open a business instant access deposit account.

Their website says "No Metro Bank Business current account is required."

 

They tried to sell me their business current account, which is not free unless you have more than £5,000. When I refused, they asked me why I wanted an instant access account, and I told them that I just want a basic account. They said that you cannot make an online transfer out unless you have another Metro bank account, so I opened a personal current account, and I was accepted for that, but a credit check was made, so it affected my credit rating.

 

The business instant access account needed to be approved by a business manager. I called him the next working day. I work as a professional but I am not a member of a professional body (it is not illegal in the industry that I work in). He said they can't open an account because of this reason. I submitted further paperwork to his colleagues by visiting the branch (which is not in my home town) and waiting for about 25 minutes, after convincing him over the phone that would be acceptable to open an account.

 

He then called me the next day saying that the account will not be opened because I will be using the business instant access account as a business current account and that I will be using it to deposit payments from customers

He also said that they have a right to close it if I do. Nowhere does it say in the terms and conditions that you cannot use it as such. Also, their Account features state that you can use it as follows:

 

• Receive electronic payments (CHAPS, BACS, faster payments, SWIFT, standing orders and internal transfers)

• Pay in cash and cheques

 

He also said that I cannot use the account to make an online transfer to my personal current account, even though I was informed by the customer service adviser who opened my personal current account that I could. To add insult to injury, I asked him to send me a letter or email saying why he is refusing to open the account, but he wouldn't do that, saying "we don't send out these letters."

 

They have wasted my time. The business manager didn't say at first that a business current account was required.

The excuse he gave me for not opening the account at first was that I was not a member of a professional body.

Now he says you can't use the business instant access account as a current account, even though their website says that you don't need a business current account to open an instant access account.

 

I made a formal complaint by telephone to the business centre. I explained what happened, but they defended him.

They said he had the discretion to refuse to open an instant access account if it was to be used as a business current account. I challenged them to tell me the exact clause in their terms and conditions, but they couldn't find it. This is ridiculous. Why does he have full discretion? What if someone made a complaint against him?

 

Now I am left with a credit check, which was made for a personal current account that was missold, and no business instant access account.

 

Please do not trust anything this bank says about this account. They will try and sell you a business current account to make money out of you from charges, and they will refuse opening the instant access account by saying you cannot use it as a current account, even though there are no restrictions as such in their terms and conditions.

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Their business bank account is a maximum of £60 / year if you do not keep £5,000 in it each month.

 

Interest charges are reasonable and you can automate a bank feed into your accounting software for £1 / account / month.

 

For someone starting in business, they offer the most reasonable account fees I've seen in this country.

 

If the region of £100-£150 / year for operating a business account which offers free European banking access scares you, you may not actually have a business, but an elaborate piecemeal job.

 

Talk with your accountant and see what their advice would be regarding which business account they would recommend and let us know what they discover.

 

* I switched to Metro Bank shortly after they appeared (2010) with new business account and immediately saved nearly £2,000 in transaction charges alone.

 

Find something to enjoy every day.

 

[20190624]

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