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    • 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...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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      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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Does this sound OK?


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Hi

 

I am just about to do the preliminary approach for payment. They now owe me much more money than I'd previously thought - I've had the best part of £200 deducted in charges over the past week alone :eek: I am fizzing.

 

Anyway, there is also a DP Act issue with my claim - not only have they had an apparent disregard for the 40 day limit, but the statements came to my parents house, where I haven't lived for 6 and a half years, in a raggedy envelope, and then another copy of MY OWN statements was sent to my house but in the joint names of my husband and I - I am raging at this blatant disregard of my personal data.

 

I digress...I was going to include an additional para along the lines of the following - does it sound OK?

 

"Further, I am seriously concerned with the way in which the Bank have handled my personal data. Not only did you fail to send the documentation timeously, but you sent 2 copies of the statements to me - however one was sent in my maiden name, which I have not used for over three years, and to an address where I have not lived for over six years, and the other was sent to my current address, but addressed jointly to both myself and my husband. This contained details of my own personal bank account. In addition, BOTH copies of the statements were posted in envelopes which were quite evidently not strong enough to support the weight of the documentation inside, with the result that the envelopes had become ragged and torn in transit, and the contents were visible from the outside. I have retained the envelopes and also have photographs taken of them before I opened them.

 

You will note the terms of my original letter to you (copy attached for ease of reference) in which I stated that I would be prepared to collect the statements from my branch. If you were going to be unable to send me the documentation in a secure and lawful manner you could have asked me to do so. There is no justification for the appalling manner in which you have handled my personal data, and quite frankly, in the current environment where banks' handling of personal customer information is subject to widespread public scrutiny and media attention, your actions here are quite incomprehensible.

 

I look forward to the reimbursement of my charges as per the attached schedule within 14 days of the date shown on this letter, failing which I will take further action including contacting the Information Commissioner to obtain an adjudication that the Data Protection Act has been breached. You should be aware that if my charges are not reimbursed forthwith, I will also be seeking damages in respect of your breach of the Data Protection Act.

 

This letter is written entirely without prejudice to my rights and pleas and may not be founded on except with my express permission."

 

Any views? Please?

 

Thanks

 

MM x

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