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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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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Badass01 -vs- Nationwide **WON**


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First of all I would like to thank all contributors for this excellent website - there really is a lot of useful information here that has helped me in my journey to claim back money. Unfortunately it has got to court.

 

I have just put in a MCOL claim for around £1300 (which includes the 8%). I have paid the court costs of £120. I have just printed out and signed the letter to the Court Manager, which I will be posting along with the schedule of penalty charges taken from me.

 

Is there anything else I need to do at this point or do I wait for the Court to get back to me?

 

By reading various other cases on here it seems Nationwide will only pay if it needs to so I see this taking the 28 days at least. I have not read too much in detail, but there is some interesting stuff in these cases and Im hoping to read some success stories in this forum when i get time off my work to browse further.

 

I will, of course, keep you updated on my progress as it happens, but if you think I have left anything out or need to do something immediately, please do let me know.

 

Thank you.

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  • 2 weeks later...

My claim was acknowledged on 11/06/07 and i now have to wait 28 days...

 

I do have a question though...

 

In the "Particulars of the Claim" I input the following:

 

"5. Claimant claims: (a) return of the amounts

debited of £1096.50; (b) Interest per S.69

County Courts Act 1984 of 8% - £292.32

continuing at 8% until judgment or settlement

at a daily rate of £0.24;

6. Costs allowed by the Court."

 

But aftwerwards, when they ask for 'the amount claimed' - I input the charges they owe me - £1096.50 and did not add the interest amount of £292.32? So at the bottom of the page, this is what is displayed:

 

546963406_cb89752e5a.jpg?v=0

 

This does not take into account the interest of 8% I mentioned in the particulars. But there was a tick box to say whether I wanted to claim back interest and I had ticked it. It is not mentioned on the pdf of the claim though. I'd be interested in knowing whether Ive done this right or not...

 

Thank you.

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I have no idea, but may a quick call to the MCOL helpline would clarify it? You might need to pay to put in an amendment. If so, they'll be able to guide you through the process.

 

K.:)

Kelly

Settled: Nationwide £372.55

Before you do anything read this:

Guide to Reclaiming Bank Charges

 

Most questions can be answered by checking out these links:

Frequently Asked Questions

Step by step instructions

Letter Templates

And don't forget to use the search facility! Chances are your question has already been answered on another thread. Good luck

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  • 3 weeks later...

I have won all my money back!

 

The 28 days is up tomorrow, 9th July. On Friday, 6th July, I arrived home to a letter from Nationwide telling me:

 

"I'm now able to confirm that we've refunded £1096.50 in charges and cancelled £2.52 in pending charges on your account. We have also credited £120.00 to your account to cover your costs and a further £292.32 which represents interest calculated at the court rate of 8% from the date the charges were appled to the date of the refund."

 

I am overjoyed. A note to all those trying wth Nationwide or any other bank at the moment - do not be afraid or lose hope and keep going with your claim - fllow through with the ample, good advice given on these forums and you will get your money back. I will be donating some money to this website for helping me out. Thank you very much:)

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