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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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Daz182vsRBS


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Hi all,

 

Been meaning to get this started for a while now, but todays the day.

Im guessing my claim will be around £1500 - £2000.

 

Step 1.

 

Data Protection Act Request letter (including £10 cheque)

Sent 24/02/2007

 

Will keep you all updated.

And would be greatful of any information/help/advice any of you can give

 

Thanks and Regards,

Daz182

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:) Good luck! Any questions, just ask- people on here very knowledgable & helpful. Are you claiming in England/ Scotland?

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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:) Good luck! Any questions, just ask- people on here very knowledgable & helpful. Are you claiming in England/ Scotland?

 

Yes, I am claiming in Scotland, and i am aware that there are a few differences as to court procedings(should it get that far) for claims above £750 which i think mine will be, (i estimate About £1500 - £2000) but i will wait and see what the statements add up to when i get them.

 

Cheers,

Daz182.

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Hello again!

 

If it helps, Summary Cause upper limit is £1500 as opposed to Small Claims which is £750. So if your claim is, say £1900, you would do one summary cause for the charges up to but not exceeding £1500 and then do a small claim for the remaining £400. Work from your OLDEST charge first and do the Summary cause first as you will then get the bulk of your money and then go after the remainder. Both amounts are EXCLUSIVE of interest and the cost of bringing the action so don't include these in the amounts. It costs the same to file, £39, the difference being there is no upper limit to costs that can be awarded against you should you lose- NOT GOING TO HAPPEN THOUGH!! Just do alot of reading to familiarise yourself with the process and boost your confidence. They usually fold before setting foot in a courtroom!

It's worth mentioning that alot of people (myself included) are stating that settlement is to include interest at the bank's current contractual rate, RBS at the moment is 29.8%, up to date rates for all banks can be found on their websites, might take a bit of rummaging tho! If you are going to claim for this you need to do a bit of reading up on it to be sure and you must put it in writing from the outset.

 

Read people's threads and ask lots of questions before you jump in, it's pretty straightforward but you need to get it right! We're all in the same boat here. Stick to your guns and your timescale- not theirs, they have been using all sorts of dodgy tactics designed to scare, confuse and delay but don't let them get to you!:eek:

 

This is a great site where everyone is keen to help, so just ask!!

Best wishes :)

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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  • 2 weeks later...

Update:

 

Statemeants arrives today 10/03/2007

 

Just done a quick scan through them and looks like im due about £1100

 

Will do a more detailed calculation later today and get letter typed up.

 

Daz182

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  • 1 month later...

Good on yer, we Scots should stick together (and our Welsh friend T4FF included of course :) )

You are fortunate with the size of your claim, being within the summary cause limit. If the bank does not respond to your LBA timescale you can fire ahead with court action increasing your claim by 8% interest.

Keep us posted on your progress.

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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Yep, good luck!

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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Update:

 

Got a reply from prelim letter(sent on 24/04/07) today (28/04/07)

 

"Dear Mr XXXXXX XXXXX

 

Thank you for your letter regarding charges applied to your account.

 

We are currently considering your claim and will respond to you as soon as possible.

 

Yours sincerely

 

Sandy Watt"

 

The clock is ticking........

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Thats good to hear, many people dont even get the bog standard " investigating you complaint" blurb. I keep saying, if your claiming basic charges without interest you will get the full amount, many many people have. :)

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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  • 3 weeks later...

Hi all,

 

Need some advice, as per previous posts, i received acknowledgement letter back from RBS after sending my prelim letter,

 

However, now there 14 days are past, what do i do now, do i send LBA? if so do i quote there reference number that they put on the reply to the prelim?

 

Help please, i wanna get this wrapped up ASAP,

 

Cheers,

Daz

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