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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!
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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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Yorkshire bank and Whistleblower. True costs revealed


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Although it was only a fleeting glimpse, Whistleblower revealed that the Yorkshire bank employ a sophisticated system to ascertain the true costs of handling delinquent accounts. The BBC revealed that this true cost is never more than £2.00 and that this assumes that the process in question is conducted manually.

 

We can imagine that it costs far less when it is automated and most of the problems raised by customer contractual breaches are not subject to manual intervention.

 

Please watch this forum and this thread for advice on handling your claim which will be posted in the next few days.

We believe that the Whistleblower disclosure has an impact on the way you should make your claim.

 

We should say that is these revelations made by the BBC are correct then it is difficult to reconcile these costs, with the £35 charges made by the bank and with the statements which the bank routinely makes in its court defences to the effect that its charges reflect its administrative costs.

 

We do believe that the bank should be invited to give an explanation.

 

We have heard that the BBC have invited the Yorkshire bank to comment and that so far they have refused.

 

I hope that they will come forward and clear up this very natural confusion within the next few days.

 

We should add that the Whistleblower reference to the Yorkshire bank costing system was only part of a very much longer and much more detailed piece of film.

Disappointingly the Whistleblower team decided not to use the rest of their footage in the documentary

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As I have Virgin tv I have been fortunate to watch this programme twice. It astonishes me that banks are operating the way they do. It is shear greed and dishonesty that comes to my mind.

 

I do not think Yorkshire will respond to CAG's request as in my case; My branch manager never responds to my letters. Somehow I think branch managers who'm we have all trusted should resign. They know whats going on. It seems to me we are victims [edit]!

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Thanks Bankfodder, I will follow this thread with interest for any advise you can give on handling claims. I am still waiting for a hearing date for my two cases which were adjourned and transfered to Leeds. Please can you also advise on going back further than 6 years. Any advise gratefully received.

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Time to expose myself I suppose. Bankfodder has encouraged me to join the conversations so I can clarify what I said last night. As Bankfodder has mentioned elsewhere on the site, the clip shown last night was just a tiny part of the filming. I need to clarify that the true cost of returning unpaid items when you have gone overdrawn is LESS THAN £2 as I said verbally. NOT 9p as some of you appear to have picked up from the spreadsheet. The spreadsheet was me explaining to Amanda how it worked & we used a simple debit & credit transaction to illustrate this. The BBC in true media style have shown the clip in such a way as to make it appear that I was showing the charges sheet.

Hope this clears things up a bit.

  • Haha 2

"Our lives begin to end the day we become silent about things that matter" - Martin Luther King Jr

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Yoda, just wanted to say thank you so much for coming forward and taking part in last nights programme. I,m sure there are hundreds of people like me with Yorkshire bank accounts who are extremely grateful to you.

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doesn't the weight of evidence that weighs heavily on the sides of all consumers against the greed and avarice of banks trying to justify their profit making motives which are as we have seen on the side of [Edit] not allow us to force the government to bring in legal measures throughout the UK to criminalise those organisations that carry out these pratcices? The banks have organisations that lok after thier interest, but have clearly shown by what has happened over the last ten years to have turned blind eyes agisnt the banks [Edit] schemes. When the oil companies were making huge profits in the 70-80's, didnt the chancellor o f the time bring in an extra tax to claw back much of th extra profit? retrospectiuve legislation! the appalling thing last night was the old gentleman who wanted 500 of a loan, but was turned down probably because the computer ptogramme didnt give an old buddie many credit points, then the employee tried to sell him insurance. It is all righ to rip off the poor, but it is not all right to garnt him a loan? HYPOCRASY. I hope that some conscious driven MP reads this(if there are such animals left) and serioulsy takes up the [Edit]banks. A law should be brough in that forces all banks to refund all charges taken from all customers i the last ten years. If the banks statements aretrue, then they only have a small fraction who are charged and it wont make much dufference to thier profuist. However I would guess that the figures are very much larger than we think or they state. Gordno Brown could guarantee his winnig the next election if he instigated processes NOW to open up these [Edit] organistaions that drive thier staff into stress treatment clinics/counselling/ retirmenent/redundancy

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yoda-I quite fancy Amanda, dont suppose you could give me her phone number? ;)

 

Noomill,

 

I don't have her number but if I ever see her again, I'll be sure to put in a good word.:)

"Our lives begin to end the day we become silent about things that matter" - Martin Luther King Jr

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noo...if you don't get anywhere with her, send her on to me and point out that i'm due soon for a big payout and will treat her to a rather lavish Nando's. :D

Prelim letter sent - 29/12/06

'Go away' letter recieved 05/01/07

LBA (7 day to sort it) letter sent - 05/01/07

'Will look in to' received - 10/01/07

Claim submitted - 16/01/07

Date of hearing set for 21/05/07

Offer of charges plus costs rejected - 17/04/07

Offer of charges,interest,costs accepted - 25/04/07

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Hi after this whistleblower find on Yb, should i still submit my list of charges the same way? using the spreadsheet etc?

 

Cheers

Richard

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

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to be honest i'm astonished that the figure of £14 was even thought of. i worked in banks many years ago, when this sort of thing was genuinely done manually. we used to take the ledger to a manager and he would give the yay or nay on the spot. no more than 5 minutes max.

 

as i have worked with computers for a number of years, i always assumed that the act of bouncing, paying or whatever each item was automatic. In which case, £2 seems rather an overestimate, unless they are paying their computers way too much!

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I am beginning to wonder if (among other thiings) the bank's penalty charge figures and the associated interest could be a way of artificially boosting a bank's bad debt figures to off set this against tax.

 

Bank imposes charges upon charges upon people who can barely manage to keep their heads above water at the best of times, their balance rapidly snowballs into the red, with no hope of ever getting back into the black because the customer has been deceived into believing its all their own fault and that they have brought it all upon themselves.

 

The artificially imposed debt is then audited and added to the bank's bad debt, which can be off set against the bank's tax bill.

 

If later on maybe in a future tax year, the customer actually pays off this debt, it is with compound interest, so the bank wins again.

 

Shoot me down in flames if Im wrong, which I probably am!

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  • 1 year later...
Time to expose myself I suppose. Bankfodder has encouraged me to join the conversations so I can clarify what I said last night. As Bankfodder has mentioned elsewhere on the site, the clip shown last night was just a tiny part of the filming. I need to clarify that the true cost of returning unpaid items when you have gone overdrawn is LESS THAN £2 as I said verbally. NOT 9p as some of you appear to have picked up from the spreadsheet. The spreadsheet was me explaining to Amanda how it worked & we used a simple debit & credit transaction to illustrate this. The BBC in true media style have shown the clip in such a way as to make it appear that I was showing the charges sheet.

 

Hope this clears things up a bit.

 

 

Yoda, I expect you get asked this a lot. Is it possible to see a copy of the spreadsheet glimpsed in the BBC film? This would be really useful to me in another matter not to do with bank charges. I am trying to find a scientific way of working out the cost of each of the many tasks involved in using a computer. Your spreadsheet seems to show that you have developed an excellent way to do this and it would be tremendously useful to me if I could see it, for that reason. Could you help in any way?

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  • 1 year later...

Having been chasing Yorkshire's little sister, Clydesdale; I am meeting my MSP next week to chase further abuses of the situation. My main issue is the same as noomill puts forward. Too often I hear the counter-argument (not just from banks, but also from the self-righteous perfect folk who have never been in debt): "if you didn't spend what you don't have you wouldn't get charged". However, the scenario I'm putting to the MSP is the inescapable spiral: you are self-employed and a cheque is late, or you are employed and there is a screw-up with the wage run. The amount is £1000. Six bounces to pay £800 happen, you are charged £210 in bounces plus £25 to tell you you're overdrawn. The cheque finally goes in. Now it's £1000 minus £235, leaving you £765 to pay £800. More bounces, more charges. Next month's payment now won't cover the bills and the deficit, and so on. It is tantamount to constructive bankruptcy.

 

The other point to note is that even if you DID get charged for overspending: it's the cost of bouncing an item - NOT a punishment meted out by the [morally superior] bank manager.

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  • 4 months later...

tsugi, a rather late response to your post admittedly (while I trawled the posts looking for interesting stuff).

 

Probably the clearest, most succint and apposite explanation for why the banks are guilty of far more than simply running a business. Too right about the moral aspect, too.

 

What a shame that the Supreme Court didn't see it the same way.

To err is human: to completely mess up is my peculiar gift.

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Thanks for the comment.

 

The Supreme Court may have let it go, but I'm afraid I'm in it for the long haul! I'm not even necessarily reclaiming; I want the unfairness of the situation to get noticed.

 

My latest letter (via the MSP) is reiterating the request to get a breakdown of the £35 "costs" of returning a direct debit.

 

The bank don't refuse to say, they just change the subject - "it is the responsibility of the customer...." "We pride ourselves on our superb customer service..." blah blah.

 

We shall see what happens next.

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