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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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    • 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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Playstation chargeback rules


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I had over £400 of unathorized transactions on my PS online account involving the fortnite game.

These were regular weekly amounts of £19.99 and £7.99 every week.

 

I contacted Halifax bank and they chargebacked all the amounts-so far.

Sony told me the transactions were made from the serial number of my PS console (after i supplied the number , i should have given a friends serial number to test their claims)

 

However, even it was my machine (i am 99.99% convinced it was not) a friend claimed a remote hack can access the account and console.

 

PS banned me from their network as they dont like chargebacks

- and apparently their rules insist that users must contact them first for any unauthorized transactions.

 

There rules are saying if there are unauthorized transactions you must not contact your bank until you contact PS first

-surely that can't be right legally and goes against consumer law ?

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quite correct

and it would have been a continuous payment arrangement against the card

 

pers i'd be complaining to the FOS/FCA

Sony cant make up rules like that

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sadly it would likely take court action to get Sony to change their ways, and they'd drag it out and swamp you in legal fees to try and get you to discontinue

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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I'm not sure that Sony are subject to FCA/FOS regulation. The bank certainly are – but I'm afraid that I can't see that you could bring this kind of complaint against Sony.

 

If Sony has a rule about contacting them first about unauthorised transactions, please could you find it and posted up here in PDF format – or else a link to it.

 

It seems to me that this is an unfair term in their consumer contract and it would be governed by the Consumer Rights Act. Furthermore, if they have taken action which prevents you from using your PlayStation properly because you no longer have access to the software that you need, then I would say that this is also a breach of contract.

 

If you would like to take some action on this then we will be very pleased to help you. It seems to me that there are some important principles at stake.

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You don't mention if anyone else has physical access to your PlayStation. While Fortnite is a free game, it does have in-game purchases and some of these match the amounts you mention. Given that Sony claim the transactions were from your machine, is it possible that someone else in your household has been playing the game and is responsible?

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Thread moved to the appropriate forum...please continue to post here.

 

Andy

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Here are Playstation Terms of Service and User Agreement: https://www.playstation.com/en-us/network/legal/terms-of-service/

 

Have a good read of the Terms of Service in full but have a look at Transactions, Termination / Cancellations, Binding Individual Arbitration, Governing Law.

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You don't mention if anyone else has physical access to your PlayStation. While Fortnite is a free game, it does have in-game purchases and some of these match the amounts you mention. Given that Sony claim the transactions were from your machine, is it possible that someone else in your household has been playing the game and is responsible?

 

Yes there is access - but there are 2 consoles.The affected one is in the main living room in full view of everyone- as it is the main living room -so it would be virtually impossible to do the transactions .Yet oddly , the console in the other room has far far greater privacy - but is not the affected machine

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  • 1 month later...

Update on this

-PlayStation want £400 to un-ban the account.

My bank said PlayStation had 45 days to dispute the chargebacks and provide proof that the transactions were legit -which they failed to do.

So are they admitting liability ?

 

Of course the net is awash with complaints about Sony's policies, so this is not a unique situation.

 

Someone has claimed online they have written to london hq and got refund on several occasions

- although they were lacking on detail.

Might try this - but i'm not convinced tbh

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