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    • The argument about the date of receipt is now dead because the PCN  does not comply with the wording  of the Protection of Freedoms Act 2012 Schedule 4.  First reason Section 9 [2] [e]  "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—(i)to pay the unpaid parking charges;" Second Reason Section 9 [2][a] "specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;" All your PCN does is mark the time you entered and left the car park. It does not include all the myriad things you do in between-driving into the car park, looking for a parking space-perhaps a disabled space or  parent and Child place@ getting the children or disabled person out of the car then going shopping. Coming back; loading the car with shopping [, getting the children or disabled into the car, taking the trolley back to the store; driving to the exit perhaps stopping to let vehicles/pedestrians cross in front of you etc. so subtracting the driving times from before and after parking can make quite a difference from their time to the actual period parking time. So the upshot is now that only the driver is responsible for paying the PCN and the keeper is not liable at all even if the name of the driver is never known by Nexus so well done for not appealing. You obviously want to keep it that way to make it very difficult for them to win in Court if it ever goes that far. Although your question is now moot since  the same objective has been achieved by the non compliant PCN [ie no keeper liability] just  about the only way to dispute the timing of the PCN would be if one kept the envelope and there was a discernible date stamp on it that did not match the date on the PCN. There is a new Act coming out [and it cannot come quickly enough ] and one of the things required is that parking companies will have to prove the date of sending out their PCNs. We are not the only ones who sometimes doubt the veracity of their dates particularly as the later it is sent [unlawfully] the shorter the period motorists have to benefit [?] from the reduced payment. I haven't seen it on your posts but do you know how long you are permitted to park for free?
    • I was so annoyed and frustrated about the fact this case was lost it's been floating around my head all night. Dave962, are you sure that's what the Judge said? .... It doesn't make sense. Did the judge in fact dismiss the case on the grounds that the defendant did not make an appeal within 28 days? Effectively telling the PPC about the error entering the registration number and providing proof of payment at that time? To me, that's an important point.  
    • The United Autoworkers Union took a risk in a Republican - and often anti-union - part of the US.View the full article
    • good spot...though i'm unsure, but it does seem like it can't be related to this latest issue as the OP mentions she knew nothing about the  order. dx  
    • wasn't that for the CCJ for the mental capacity with the leaseholder?   SO would be different to this.
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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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pollymac v HBoS


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First post and in need of some help so here goes...

  1. Thanks to maroondevo52
  2. Can I claim back the maintenance charges applied at the end of a month where I've been overdrawn. I stress - these are only ever applied if i've had an unauthorised overdraw during the month.
  3. My claim's going to be c. £3000 and have no friend/relative in England so can't use the small claims court there. Anyone had any luck with multiple small claims or 750-1500 claims in Scotland?
  4. I don't want to go through the hassle of changing a/c- would it be worthwhile informing the bank of a recent ruling regarding any threatened closure of my a/c, or should that wait until they actually threaten to do it?

Oh, and btw, regarding S.A.R - (Subject Access Request)'s, I went in to the bank and handed mine to my account manager with the £5 they charge. Nice glaring look I received for my troubles. In response, she received the broad beaming smile one can only produce in the knowledge that the wee guy's about to get one over on the bank.

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Hi, Pollymac.

 

I'm still not sure about the maintenance charge, but my first claim against BOS was Small Claim(£750) well £720 plus £200 odd interest plus my £39.00 court fee.They payed me in full on my Court Return Date. I've just served a Summary Cause against them (up to £1,500) due in court early March, I'll let you know how I get on. I think you should open another account, I was with BOS for 20 odd years untill my first claim and yes they asked me to close it and cut up my Visa Card !!

 

Best wishes with your claim.

 

Regards.

 

Scott.

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