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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Clydesdale, Yorkshire, Northern - the system - Whistleblower


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The dislcosures made to the BBC and subsequently to Andrew George MP and journalists at a meeting at the House Commons revealed that the Clydesdale, Yorkshire and Northern Banks operated a structured, detailed and auditable system for costing, tracking and refining their costs of conducting various operation within the bank including the processing of delinquent accounts.

 

The system, which was apparently introduced about 2002 was called CYNthesys - Clydesdale Yorkshire Northern the system.

 

With hindsight, CYNthesys is straightforward and obvious.

 

It amounts merely to deconstructing a manually conducted process within an organisation into its constituent parts and then allocating a code and a time in seconds for each part.

 

So,

A100 - switch on computer - 10 standard seconds

A101 - retrieve customer record - 4 standard seconds

A102 - data entry - 3 key strokes - 4 standard seconds

A103 - retrieve sub-record - 2 standard seconds

A104 - data entry - 12 keystrokes - 6 standard seconds

 

Andrew George and the press were shown a system containing almost 300 coded operations with their ideal timings next to them.

 

It then becomes quite easy for a time & motion analyst to observe any particular operation - such as bouncing a direct debit, to recognise which of the CYNthesys elements are being used, to note the codes of those elements down, and to find out the ideal timings for each element.

 

A simple piece of maths then adds up all the timings to give the answer that bouncing a direct debit should take XXX seconds.

 

The CYNthesys codes were actually contained in hard-copy form but an ideal way of using them would be to render them into a spreadsheet which would then do the calculations very quickly and automatically.

 

Andrew George MP did inspect such a spreadsheet.

 

Once a process has been timed, 12.83% is added to allow for toilet breaks, illness, holidays etc - so one can see that some of the overheads are already costed into the system.

 

The fact that the system is called CYNthesys shows clearly that it is not only in use by the Yorkshire Bank but also by the Clydesdale and (until it was sold off in 2004) by the Northern Bank as well.

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The Northern Bank was sold off shortly after the completion of an Irish High Court report which identified serious improprieties relating to overcharging, tax avoidance and - penalty charging - by the Northern's siamese twin - The National Irish Bank (also part of the CYN group owned by the National Australia Group.) National Irish Bank - Wikipedia, the free encyclopedia

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CYNthesys background - a surmise

 

The Background

  • It might be said that Clydesdale and Yorkshire banks have already been close to scandal - despite not having been involved in it.
  • They are part of the National Australia Group of banks. The Northern Bank was also part of the same Group until it was sold off in 2004 to the Danes.
  • The Northern Bank was one of the main banks in Ireland. In the Irish Republic the Northern Bank traded as the National Irish Bank but it shared systems and management with the Northern.
  • In 1998 the High Court of Ireland ordered an investigation into improper practices within the National Irish Bank.
  • The High Court Inspectors reported in 2004.
  • They found serious overcharging and tax evasion.
  • Much of the overcharging related to the bank's penalty charge regime which at that time was operated subjectively and arbitrarily.
  • The National Irish Bank was fined, there were disqualifications and (I believe) executive resignations. £millions were repaid to customers.
  • No comment was ever made as to the practices of other parts of the National Australia Group: - Northern, Clydesdale and Yorkshire and of course there is no reason to suggest that they were run other than entirely properly.
  • CYNthesys was implemented in 2002; 4 years after the beginning of the High Court investigation and two years before the report.
  • We can only speculate as to how the penalty regimes of these banks was conducted before CYNthesys. Certainly, they did apply high level penalties to their customers' delinquent accounts.
  • The National Irish Bank and the Northern Bank were sold off shortly after the publication of the High Court report.

The Surmise

  • The National Australia Group became aware of the likely findings of the High Court inspectors
  • Did they have a similar lack of systematic and auditable system of charging in all of their UK banks.
  • Did they then commission external consultants to remedy this problem with a properly structured and trackable system
  • CYNthesys was implemented across all of their UK subsidiaries
  • Once the High Court Inspectors report was published it then became acceptable to divest themselves of the Northern/NI bank stigma by selling it off

Observation

The level of unlawful penalties is generally in the same order before and after CYNthesys

 

This is part of a paper presented to Andrew George MP and journalists at the House of Commons on 29th March 2007.

I understand that Andrew George is taking the matter up with the DTI

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The Yorkshire Bank has commented that our interpretation of the CYNthesys figures is misleading and that for instance there may sometimes be need for senior managers to operate the system which would lead to higher costs.

 

We accept that this may indeed be true.

 

However we merely feel that there are some reasonable grounds for confusion here and that it would not be unreasonable for the Bank now to be fully transparent and to give a full explanation.

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