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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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    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx  
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Berevment questions RBS credit card


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My husband passed away about 2mnts ago trying hard to deal with this.

 

He had a rbs credit card with less than 2 k outstanding

 

ive had an assets and liability form to fill wanting to know if he had any vehicles owned his own home life assurance jewelry ect and the value of each it also asked how much I paid for the funeral ect and requests for copy's of bank statements funeral bill and all other outstanding loans or credit card debt

 

 

im finding this a bit intrusive do I really need to tell them and prove how much I paid for his funeral ect thanks

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Sorry to hear about this. It must be a difficult time for you.

 

A bit more information would help us answer as these aren't questions RBS normally ask when you tell them their card holder has died.

 

Did your husband leave a Will? If so are you the Executor?

 

Is there enough money in your husband's Estate to pay the credit card bill?

 

Is the credit card solely in your late husband's name? Or a joint account with you?

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tell who is this RBS themselves?

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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moved to RBS forum

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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Imho stuff and all they can do then

 

No i dont think they should get all that info

Are you exec??

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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hallowitch,

 

Are you appointed as the official Administrator of your late husbands Estate, ie have the Probate office issued you with Letters of Administration? Or are you just dealing with it informally as next of kin?

 

 

 

Did your late husband have some sort of repayment plan in place with RBS before his death? ie because he had defaulted on his repayments at some point?

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hallowitch,

 

Are you appointed as the official Administrator of your late husbands Estate, ie have the Probate office issued you with Letters of Administration? Or are you just dealing with it informally as next of kin

 

Informally as next of kin

 

Did your late husband have some sort of repayment plan in place with RBS before his death? ie because he had defaulted on his repayments at some point?

 

 

No never missed a payment or made a late payment on this or anything else in over 20 yrs

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I suspect what is happening here is that if someone's Estate is insolvent there are strict rules about the order any debts are paid in. And if there are, for example, several credit cards or loans and not enough to pay them all then they all have to paid in the same proportion. You can't pay some debts in full and nothing to others. There's a fuller explanation of it here.

 

 

https://www.bereavementadvice.org/topics/probate-and-legal/insolvent-estates/

 

 

 

My guess is you have told RBS there is no money in the Estate to settle the £2k owing RBS and RBS are trying to find out whether the other organisations your late husband owed money to have been paid in accordance with the rules for insolvent Estates. That is why they are asking the information they have listed. It includes the cost of the funeral because under the insolvency rules the cost of the funeral must be "reasonable". As I understand it they are only asking for financial information about your late husband, not your own income and debts.

 

 

Was there enough money in the Estate to pay for the funeral or was the funeral paid for by you (or other family members) personally, from your own money? If you paid for it yourself you don't have to give any information about it to RBS, just say the family paid not the Estate.

 

 

If you had been formally appointed by the Probate office as Administrator under Letters of Administration I would advise that you do have to provide this information. It would be part of your legal duties, and not doing it could result in you being held personally liable for all or part of the money owing to RBS.

 

 

 

But you are only acting informally and I am really not sure where that leaves you legally. You could just reply and say you aren't formally appointed as Administrator or Executor and were just trying to help them out, and see what happens. You are unable to help with the questions they asked. £2k is a relatively small amount, they might well just write it off at that point. Otherwise come back here and let us know what happens.

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My husband passed away about 2mnts ago trying hard to deal with this.

 

He had a rbs credit card with less than 2 k outstanding

 

ive had an assets and liability form to fill wanting to know if he had any vehicles owned his own home life assurance jewelry ect and the value of each it also asked how much I paid for the funeral ect and requests for copy's of bank statements funeral bill and all other outstanding loans or credit card debt

 

 

im finding this a bit intrusive do I really need to tell them and prove how much I paid for his funeral ect thanks

 

Simply write across their letters ...No Estate...No Assets...No Money and return them back to sender.

 

And please accept our sincere condolences hallowitch ...from the CAG

 

 

Andy

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Hallowitch,

 

sorry to hear your sad news.

 

I think Andy is on the right track.

 

I was in a very similar situation to you some years ago when my brother died. He had no assets and left a mountain of debts. I administered things informally as next-of-kin.

 

Regarding bank loans and credit card debts, I simply sent each of the companies a copy of the death certificate and a covering letter saying there were no assets. All of them wrote the debt off immediately. And in every case it was more than two grand.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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