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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!
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    • 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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Woolwich Mortgage PPI Insurance -Where to start? Added to mortgage?


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Hello.

A friend of mine has asked me to look in to the insurance policies that she has just realised were sold to her when she took her mortgage out back in 1998.

 

From looking at the paperwork I can see that there were various forms of insurance but what strikes me straight away is the phrase 'Premiums are recovered from your monthly mortgage repayments. Separate payment is not, therefore required. Please amend your payment when advised'.

 

Does this mean that the insurance was added to the mortgage, and by doing that, my friend was charged interest on both?

 

Apologies for the naive question.

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Should be a separate item on mortgage statement, so no interest is charged on Insurance premium.

 

Going back a very long time ago to probably the early/mid 90's, some mortgage companies were adding insurance premiums to mortgage and charging interest. The OFT ruled at the time that this should not be happening and mortgage providers affected stopped this practice, with many stopping adding any Insurances to mortgage statements. Those that could prevent interest being added to Insurance premiums, continued to include Insurance within the statements, if the mortgage holders wanted the Insurance included.

 

That is the history on this issue. If mortgage interest was added to Insurance premiums and you can prove it with statements, then go through the normal complaints process. Should not be affected by limitations act, if interest was added in error, then a refund should be calculated.

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Yes it would be, but to avoid a simple refusal, your friend should state why the Insurance was not suitable to meet their requirements

 

It is a bit different to PPI, because mortgage insurance to cover payments in the event of say redundancy, might have been a condition of the mortgage at the time. With PPI it was added on very easily, but with mortgage repayment insurance, I suspect that your friend will have had to sign up to it and it was seen as covering a risk that needed covering.

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That is just Home Insurance. Your friend made an application to get this, as it is not something automatically arranged.

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Yep that is the way Woolwich did it at the time.

 

My Sister had a Woolwich mortgage with Home Insurance premiums collected in that way. Not the most competitive premiums, but a very good claims service. Great when they covered a large water damage claim, when the house could not be lived in for over 6 months and needed a lot of work.

 

If you are fishing trying to recover any money from Banks, suggest sending a Data Protection Subject Access Request to see what you can find out. You won't recover anything regarding Home Insurance or mortgage protection cover.

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No not mortgage interest or any interest. At that time, most Insurers did not charge interest for monthly instalments.

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  • 11 months later...

Hi Craig,

Yes they should have the data you need but please start a new thread to discuss your case. Probs best in the Barclays Forum as it'll get seen more there than in the Woolwich !

😎

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