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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Legal Advice after FOS


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Long story short.

After years arguing with RBS I took my complaint to the Ombudsman.

This was initially thrown out but I knew I was right so appealed and won.

 

 

It's worth knowing that the Ombudsmans caseload is filtered by minions who know nothing about Financial Services and are clearly there just to deter people.

 

 

the RBS had to refund charges,

pay compensation etc

 

 

the main issue led to other financial problems which led to court action which led to my credit rating being stuffed.

 

 

The FOS say they have no jurisdiction over the Courts so I need to take independent legal action.

 

 

Does anyone know of a solicitors who will pursue the banks?

 

 

Thanks

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  • 6 months later...

I didn't use a solicitor for my appeal, did it myself. Although I won my appeal I wasn't satisfied but I got nowhere with further action against them because I couldn't find a solicitor who was willing to pursue it and have too much on my plate to waste more time - although its bugging me and I know I should.

If it is your first appeal then it should be dealt with by the actual Ombudsman and not the oik who turned you down the first time, they're just there to filter appeals and get rid of people as quickly as possible and know bugger all about FS. It's only because I used to work in a bank that I absolutely knew I was right.

If you're not sure of your position and cant find a solicitor to use then contact Citizens Advice. Is it the same issue I had, Right of First Appropriation, or something else with them?

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