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Found this template letter on a burnley site.. thought it was brilliant Name Address Address Lancashire BB Date Parkwise PO Box 1023 Preston Lancashire PR1 3ZA Dear Sir/Madam I am writing with regard concerning a Penalty Charge Notice (PCN) dated **/**/**. The penalty notice is: **********. I am now formally contesting the validity of this ticket as although it follows Department of Transport guidelines (Local Authority Circular 1/95), it does not conform the Road Traffic Act 1991 (RTA 1991). My ticket states: ‘You are therefore required to pay a penalty of £60 within 28 days’. When does to 28 days start from? Today, Tomorrow, Next Week, Next Month, When? Whereas under RTA 1991, Section 66(3) © it must state: ‘That the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice’. It could be argued that the 28 days starts from the issue date, but to comply with the law. IT MUST FOLLOW THE LETTER OF THE LAW, and this PCN DOESN’T. Therefore it is my belief that this PCN is invalid & void, furthermore I believe that Burnley Borough Council (BBC), along with every other Local Authority that operate Decimalised Parking Enforcement, received the National Parking Adjudication Service (NPAS) Circular (04/05) following the case: Roger MacArthur V Bury Metropolitan Borough Council regarding PCN BC30016187. The hearing took place on the 16/02/05. This circular advised them that the wording on their PCN’s was incorrect, and it is my belief that BBC has not followed their advice. Does this circular suggest that NPAS is offering advice to Local Authority Councils? As from their website directly underneath the video clip it reads: ‘As an independent tribunal, the NPAS cannot offer advice to appellants or councils on the merits of individual cases’ National Parking Adjudication Service for England and Wales I feel I must inform you that under article 6 of the 1998 Human Rights Act, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law, and I feel that any appeal to NPAS would not be independent and impartial. I am furthermore formally contesting the validity as I also believe that no individual company has the right to demand money from me for an alleged offence which has not been proven in a Court of Law. As stated in section 12 of the Bill of Rights Act 1689 enacted and formally entered into Statute following the Declaration of Rights 1689: ‘That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void’ As stated by Parkwise they do not issue fines but PCN,s. However according to BBC official website (Burnley.gov.uk), they do issue fines and is quite clearly listed in the A-Z of Council Services. Therefore, it would appear that BBC and its agents (Parkwise) have no lawful authority to demand money for an alleged infringement that has not been dealt with by a Court of Law. Of the Bill of Rights, I feel I must point out that the text of the Bill of Rights states clearly enough that no fines or forfeitures may be imposed before the process of judgment and conviction, and this text clearly indicates that a Court of Law is required to resolve disputes of any kind, either Civil or Criminal. Because judgments are involved in the preamble to the Bill of Rights, as well as convictions. It is quite clear that only HM Courts have the legal authority to impose lawful judgments &/or convictions. Furthermore with the precise words of the Bill of Rights very much in mind, I must record with you that the provisions of the Bill of Rights cannot be satisfied by any process of appeal to anywhere other than HM Courts of Law!. In a word The Declaration of Rights provides that if BBC wishes to proceed against me, they will have to refer this matter to HM Court Service, where the issues must be resolved in a lawful manner. Otherwise, the forfeit demanded of me is illegal and void. In addition to the provisions of the Declaration and Bill of Rights, and in support of my own assertion that this process is not constituted in accordance with our laws, I must ask you to recognise the Great Charter of Our Liberties that is now incorporated into Statute Law under the name of the Magna Carta. I draw your particular attention to the provisions made at Articles 39 & 40 of the Statute, which states as follows:- 39. No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send against him, unless by legal judgement of his peers, or by the law of the land. 40. To no one will we sell, to no one will we refuse or delay, right or justice. I do not believe that BBC are my peers, and they are certainly not the law of the land. I believe that HM Court Service is the law of the land. There can be no doubt that I am a free man and that Articles 39 & 40 apply to me. It is clear & very well recorded that the entire purpose of Magna Carta was to reduce the power of the king and not to increase this power and in consequence of the very obvious, it is clear that the option of trial by the judgment of my peers or by the law of the land is an option that is secured to me in all circumstances such as this, and not an option that may be exercised by or at the behest of the Crown, or by any authority that claims to hold an authority under the Crown. E.g. The Local Authority (BBC) with which I find myself in dispute. In addition to the provisions of the Declaration and Bill of Rights, and the Magna Carta. I would like to draw your attention to the Human Rights Act 1998, and in particular to Article 6 (Right To A Fair Trail), and the provisions made in paragraph 1: 1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. I am now formally appealing this PCN and will if required appeal to the NPAS. The Independent Tribunal that receives 60p from every PCN issued, and is funded by the local authority collecting the PCN. The evidence of the now-recorded and public admissions of the NPAS now serves to reveal that the process of this tribunal system is being funded in part from the resources of my opponent, and this admission leads to the inevitable conclusion that any such hearing is not established in a manner that is independent from the interests of my opponent. I am therefore requesting that if BBC wishes to proceed with this matter, they have to refer the matter to Her Majesty's Courts Service, as it is my intention to defend my case through the law courts of HM the Queen, as The Declaration of Rights 1689, the Magna Carta 1215, and the Human Rights Act 1998 provides I have an inalienable right to require that all and any legal actions undertaken against me, whether Civil or Criminal be heard and resolved by a Court of Law that operates in the name and for the purposes of the Queen. That is why the Royal Coat of Arms is displayed in every Courtroom! I look forward to hearing from you in this matter. Yours Faithfully, All credit to the bloke that wrote it.. i want to be like him

Halifax upset me again.. I was going to leave my second account for before claiming it back (as a kind of savings scheme.. if i havent got it i cant spend it) But after having a row on the phone with 4 people just to get my address changed i lost the plot.. i did get an apology and £25 compensation for my distress tho. Anyway i emailed them last monday 3rd July, telling them they have 7 days to refund all money [edit] from my account or i will be taking them to court. I used my Conusmer action group email address and they must have taken notice cos i got a letter on Thursday saying they were looking into it. Last time it took 3 weeks before they even responded. Anyway the letter says... were sorry blah blah blah.. 4 weeks blah blah blah.. im filling in the money claim as we speak but i will send them a cursory email..giving them ooooh till monday to credit my account. Ive worked to their time scales for years... now it their turn to work to mine. [MODERATED: Please do not post libelous comments on this site]

Update. I Win again. THE HALIFAX ARE PANSY'S I did nothing i decided to wait for a reply to my letter asking for them to pay the interest as i hadnt had an acknowledgement. Today i recieved a letter (via my mother) saying that they were paying £515.33 into my account by way of interest and would i please notify the court that they had settled without liability. I checked my bank account this morning, the interest was paid in, in cash on Monday. My advice to all new commers is: Tell them what you want, Tell them when you want it, Sit back and let them sweat. In my case it worked hopefully it will for you too.

hi and welcome to the site in answer to your questions 1,yes 2,no 3,upto you i would personally do two seperate claims against the bank but read the FAQ Good luck

oh and i forgot.. they paid in the odd £3 too so they are defending the whole amount that i claimed.. but they wrote to me and said that was wrong and i agreed with their amended sum.. and thats what they paid me.. so Arrgghhh.. Basically one dept paid me the correct amount minus interest even though it was mentioned in the money claim form.. you win some you loose some.. Another dept is defending the entire claim neither dept has written to me to acknowledge they have or havent paid me i recieved court papers for staines court. i should know life is never simple but it never ceases to amaze me.. input gratefully received as always.

Do any of the mods have any ideas on this one?? im tempted on one hand to let it ride and go to court and see what happens (whilst in the mean time spending every penny and closing the account) on the other i could just ring the court and say they have paid up so im not sure how they are defending the entire amount. If i havent heard anything from you guys i will ring the court tomorrow and let them know that halifax have paid and so there is no need to proceed. Although it would be funny to turn up in court an say "im not sure why they dragged me here as they paid up weeks ago" The lack of communication between their depts is scary. ps my typing sucks as my bank manager just paid for acrylic nails an i cant get used to them LOL

just when i thought it was safe to ignore the idiots regarding the first account. Bearing in mind they paid the full amount give or take a gnats whisker into my account last week or the week before (im drunk on the power of spending) i recieved via a phone convo with my mum today court papers.. so logged on to moneyclaim halifax XXXXXX Defence You are unable to take any further action online on this claim. The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly. ok so being they paid me already on what grounds could they file a defence?? Gross stupidity, fatcatitis, gratuitous greediness or my favourite, not knowing ones a$$ from ones elbow?? i know they disputed about £200 which i agree was a typo.. should i let it go to court or should i ring the court and let them know i have already received payment? Although i cant prove it was them who paid me... anyway i am also having issues with my other account. Further to my phone call requesting an address change..... they have put a block on my account because they have had mail returned... which is exactly what i told matey boy on the phone would happen.. when he told me "you need to fill in a specific form" so i blew my stack today. Turns out i dont need a form a need to send a letter. Which i could of sent during the week. So anyway i have drafted a letter stating that if my daughters nursery fees get bounced due to them finally following the terms and conditions that they so willingly ignore when it suits their own purposes and i get a penalty as a result they will end up in court, and if my three year old daughter gets turned away from nursery because one of their staff failed to inform me that a letter would suffice they will find themself liable for any emotional trama she should suffer. Basically its hot im in bridzilla mode dont mess LOL

Halifax are going to hate me. I just had a look at my second account. I only opened it because i won world cup tickets a few years back from the sun newspaper, didnt want them and so cashed them in and needed somewhere to put the cash. Didnt use the account that often and so figured that there wouldnt be that much in the way of charges.. well in two years on an account that gets used for things like ebay purchases, ie i pay the money in, pay pal takes it out, £485 in charges. I was gobsmacked to say the least. So today i rang and said in my politest manner "can you send me a list of all the charges levied on my account in the time in which it has been open please" the reply "no" l laughed he said "i will have to speak to someone in the business section as i am not aware of us providing that service". i laughed and said " you provided that sevice just two weeks ago when you were quibling over £28 on an unfair bank charge levied against another account so can you please send me a list out thank you." He said he would see what he could do. But was not happy and said that they had been told that they didnt do that. I dont actually need the list but i thought i would get theirs just to check against mine just incase i managed to wangle any refunds that i have forgotten about. I will send the standard letter out in the morning to the guy who issued the refund on my other account so he knows im not playing. Complete with my "consumer action group" email address for him to reply to. Dont you just love life sometimes

update Sent them a letter saying basically just trying my luck saying that i want my 8% as well (as it was mentioned in the money claim) anyway checked my bank account the next morning before they had time to receive the letter and some money was in there. Paid in CASH. £2000 which wasnt the amount claimed. so anyway i began the hard work of spending it. Then later in the day another £120 was paid in CASH it still doesnt add up quite to the amount i claimed. so im waiting til the court date to see what happened. its only out by a couple of pounds though minus the interest which is another £500 so it will be interesting taking halifax into the court room for approximately £3 LOL Thats if they kept their reciepts and can prove it was them that paid it in.

Thanks for all your help. I will write a letter on her behalf to o2 requesting a copy of the terms and conditions and a transcript of the call etc and see where we go from there. Luckily there are witnesses at every stage. A feel a court case brewing LOL

Looking for a bit of advice on this one. My friend took out a contract with o2 for her son when he went into the army aged 17. Obviously not old enough to have a contract of his own, but needing one to keep in contact when away. When she took out the contract she asked if she could have a £100 limit on the phone after which the phone would be blocked until the bill was paid. she was advised that this was ok and so signed on the dotted line. The money was to be paid straight out of her sons account by direct debit. o2 failed to request any money from her sons account for the first month and by the second month when they tried to request the money the bill was £600 and there was not enough money in the account to cover it. My friend rang o2 and got the phone blocked immediately on seeing the bill as it was in her name and in a lengthy conversation which i witnessed, explained to a man called Michael, that her son was away in Bosnia and would probably object to the phone being blocked.She also told him that her son knew the passwords due to him being out of the country and would probably ring and request that the phone be switched back on. This was not to happen under any circumstances until the bill was paid in full. Anyway within a few hours my friends son had rung the o2 and from what we can gather spoken to Michael and had the phone switched on. o2 are now chasing my friend for the original £600 plus the rest of the bill that her son ran up since and have since pass the details on to a balliff company and so my friend is now fighting off balliffs too. I know i need to get a copy of the transcript of the call, do i do that under the freedom of information act or do i use a DPA. My friend has no idea where to go with this and is looking at paying out thousands to o2 because of their greed in switching the phone back on for her son against her wishes. Any help would be greatfully received.

Fantastic News. Brilliant feeling isnt it.. I got my letter today Dont spend it all at once LOL

Now i take up poker LOL they folded.. Letter this morning.. my mum rang bless her.. she is as excited as me. Dont know the full details as havent seen the letter and mum was screaming.. but as i understand it... they dont admit liability...i should manage my funds better... they are saints and im **** but its better for them to give me some money than to go to court.. no mention of interest though.. just what they owe me plus costs. they do reserve the right to close my account though.. so i will write back reserving the right to sue them if they do.. but im just going to leave enough money in the account to annoy them and make them send me statements (proper paper ones).. and put all my money in my chelsea account. ( i have had it since i was 5.) So yay for me.. Donation will be made as soon as money is in the bank.. drinks for Dave and bankfodder, couldnt of done it without you guys. xxxxx Will post all the boring details of the letter when i get it from mums on Sat.

Dont you just love them.. Negotiate but then they cant LOL Anyway HALIPRATS intend to Defend... So i now sit and wait i guess. I think the next step is to wait for the letter from the court. Bring it on ....