I am going to return to the site just to check out the signs, although this time I will park elsewhere and walk. I must admit that I am astounded that information about the registered keeper can be gained so easliy from the DVLA. I will post the information from the signs as soon as I receive this

Thanks for the fast reply. The company in question do advise that they are prepared to send a photo, but it will cost of £5.00. The other thing is, that because the driver stayed in the car whilst waiting to collect somebody, the photo may very well identify the driver. My other concern is that if they charge this initially, it won't take long for the charges to get out of hand and escalating charges may make the case worth them pursuing in court. Knowing how difficult it is to gain a good credit record and remove defaults etc, it is a bit worrying to say the least.

I have just received the following letter from a private parking company: Dear The enclosed PCN is issued to you for the following reasons: There are warning signs all around the site, the signs state the rules and regulations and confirm the consequences if they are breached. The signs also state we will obtain your details from the DVLA and issue the PCN in the post at a later date. AS Securi-T does have a sign contract from the landowners and their agent appointing the company to monitor the site. The data protection act does not allow me to release this information, however, I will produce this information in court if required. Payment instructions: Please refer to the back of the PCN for payment instructions and note the time limits for payment and appeals can be read and taken as commencing from the issue date of this letter. Should you choose to ignore this letter we will presume it is not your intention to honour your obligation and we will then place the recovery of this debt into the hands of our solicitors to instigate formal proceedings, without any further warning. Should a judgement in court be made against you in this matter, you will as a result incur court fees, legal costs and interest charges in addition to the debt. We will instruct court bailiffs to remove goods for the satisfaction of the debt, costs and interest. This will lead to detrimental information being registered against your name and address with UK credit reference services. Yours sincerely PCN processing team A bit intimidating to say the least Although the signs were visible, I remained with the car just in case I was causing an obstruction and needed to move etc. I assumed that had I been causing a problem, then I would have been approached by the organisation enforcing the rules - how wrong was I!!! Unfortunately it would appear that the organisation involved are taking photos and then getting your details from DVLA. Quite frankly I am amazed that the DVLA disclose my details (surely there must be some data protection issues here) to organisations such as these - Their Customer Services Manager Ian Broom will be hearing about this, although I don't hold out a lot of hope. The sickening part is, they want to charge £176.25 for the privilege of waiting in the vehicle. Absolutely outrageous, daylight robbery. Has anyone been successful in challenging these charges

Thanks once again Dayglo thats been a great help. I've just completed the claim and will be posting later today, I will keep you posted with progress. Once again thanks for your assistance with this matter

I'm struggling a bit with the particulars of the claim, however how about this: 1) The defendant has recorded a default entry on the claimants credit record as a direct result of excessive and unlawful credit card charges. 2) As a result of an earlier 'Money Claim Online' action (claim number *******), the defendant has refunded the charges in question, however they have failed to remove the default and have not responded to subsequent communications (dated 16th November 2006) sent via Royal Mail special delivery, specifically requesting this. 3) In a second attempt to further the request for the removal of the default, the claimant sent a statutory notice pursuant to section 10(1) of the Data Protection Act 1998 to the defendant. The defendant responded to this notice stating: "we do not accept your notice under section 10 of the Data Protection Act 1998 and do not intend to comply with it". 4) The claimant is requesting that the default is removed from the files of all credit reference agencies as it has been recorded as a direct consequence of excessive charges applied to the account which has since been closed. In addition to this, the defendant has failed to comply with the S10(1) notice served on the 19th December 2006. 5) Should the defendant choose not remove the default on the grounds that it was a result of excessive charges which have since been refunded, I would like to exercise my right under S10(4) to have a court order to enforce their compliance regarding the S10(1) notice served on the 19th December 2006. Any advice or suggestions would be most appreciated.

Thats very helpful, thank-you.

Are there any requirements regarding the hearing for the n1, can I choose my local court?

Thanks once again, I will start preparing this with the help of your life back thread, though this may take a few days. When prepared, perhaps I could run this by you before posting.

Right, the 21 days have expired and no further communication from Natwest. Should I send a letter before action titled accordingly or should I just send the N1. Any suggestions would be appreciated.

Wow, Thats some serious reading....... I have not yet received any further communications from Natwest and will wait the 21 days as you suggest. Not 100% certain on how best to word the n1 but have lots of good ideas so hopefully it should not be too difficult. Your thread has provided a great deal of useful information. I will post on here before sending off so perhaps if you could cast your eye over it once completed, a second opinion would be most reassuring. Thanks for your advice and assistance.

Thanks Dayglo I'm off to check out your thread, I'm pleased to hear that all's not lost and that I've still got the n1 to fall back on. I will keep you posted regarding progress Once again thanks for your help

I have recently reclaimed £591.00 of charges back from NatWest credit cards. As a direct result of their unlawful charges, Natwest have recorded a default with Experian. Unfortunately in the process of reclaiming monies, I forgot to mention the removal of the default and am now having difficulty getting this removed. Having read the website I felt that surlybonds thread was brilliant and most appropriate to use in this particular instance and have just had the following response from Natwest: "I am in receipt of your section 10 notice, dated 19th December, under section 10 of the data protection act 1998. Our position is that the moneys you owed under the agreement were properly due and payable. The default notice was properly served and your failure to remedy the default within the prescribed period resulted in our reporting the default to the credit reference agencies. This processing of your data is in accordance with the consent you gave, as referred to in the first paragraph of you notice. We consider that our processing of your data is fair, lawful and warranted in the circumstances. I would inform you that, given the processing of your personal data was consented to by you and you cannot retrospectively withdraw that consent after the processing has been carried out, we do not accept your notice under section 10 of the Data Protection Act and do not intend to comply with it. Your notice is given under section 12 but this section relates to ‘automated decision making’. I don’t see the relevance of section 12 to the matters you describe in the notice. I trust the above clarifies matters for you." Any suggestions or advice on the best way to respond would be most appreciated. Regards.

I have recently taken Natwest Credit cards to court and have just received a payment in respect of my claim. They have asked me to advise the court that the claim has been settled, however I have just realised that I made no mention of the default they put on my credit file which was as a result of the unlawful charges. Although I have sent a special delivery letter to them asking for this to be removed, they have chosen not to reply. Do I need to send them a n244 before the end of the claim and is the n244 the correct form as it would appear this is for amendments. I note that the n244 asks how long you would need allocated for the hearing, any suggestions. Has anyone else been in this situation and been succesful with modifying the claim 20 days into the proceedings. Any help would be most appreciated.

I am having a lillte difficulty understanding the statement balance column on the advanced spreadsheet for claiming back credit card charges, can anyone help clarify this. whilst I believe I must enter the statement balance into I13 initially, I note that further entries in this column are calculated for you. I'm sure I must be missing something simple, but looking at the sum in the calculation box (=H13-I13+200), I am puzzled as to what the 200 is for. Any advice or assistance would be greatly appreciated

I have recently decided to take Capital One through through the process due to the charges on my account. I have followed the procedure detailed within the website and have recently sent off the money claim form. I have since received acknowledgement from Capital One that they have received the papers. This Saturday I received an acknowledgement of service from the court detailing that Capital One were intending to defend all of the claim giving them 28 days to prepare their defence. Is this normal and what can I expect from here. Any advice would be greatly appreciated. Regards

Hello Unfortunately By paying the default immediately I was aware of it, I lost my bargaining tool (ie the payment) for getting the default removed. Not having previously had any defaults I naturally thought that the best remedy was to pay this without delay, I now know otherwise. With this in mind and considering the charges made by the organisation running up to the default, is it worth negotiating the removal of the default in return for dropping the claim against charges - ideally I suppose it would be better to nail them for both the charges and the default removal. Again any ideas or experience regarding this would be most appreciated. Regards Ben

Hello Hagen190 & dw190 Thanks for your response, I started the default removal procedure back in May by sending off letter 1, two months later and no response despite posting via special delivery and enclosing postal order. I also have proof of delivery and the name of the person who signed for it. (interestingly the company had three other special delivery letters on the same day according to the proof of delivery -perhaps others are having to take the same action as I am). Time to send letter number two. I have already been on to trading standards regarding this, unfortunately they were not interested in the least, quoting that this was a civil matter, and they only dealt with criminal matters. Obviously the lack of response to my letters will turn this into a criminal matter, so the ball will be back firmly in their court..... Once again thanks for the advice. Regards Ben

Hello Approximately 12 months ago my wife received a default on her credit file from the Littlewoods shop direct group. Admittedly she was behind with her payments and each missed payment incurred a £15.00 charge. I was under the impression that organisations opperating under the consumer credit act had to comply with the law and send out a notice of default rpior to listing it, however noone seems willing to enforce the law in this particular instance. Although this has been brought to the attention of the information commissioners office, consumer direct, trading standards and the office of fair trading no one seems to be interested in helping to rectify the situation. The default was for £280.00 and as soon as I became aware of this (when declined a personal loan due to the default) I settled the account in full. In hindsight I beleive that I should have negotiated with the company first, only making payment if the default was to be removed. Although the late / missed payment charge of £15.00 is a lot lower than some of the banks / credit card companies charges of £30.00 etc I was wondering whether it could be claimed back in the same way as bank charges and credit card charges, hence giving me another bargaining tool to get the default removed. Alternatively any other advise regarding this matter would be most appreciated. Regards Ben