Peterbard
-
Posts
10,591 -
Joined
-
Last visited
-
Days Won
11
Content Type
Profiles
Forums
Post article
CAGMag
Blogs
Keywords
Everything posted by Peterbard
-
Decriminalisation of Motoring offences There seems to be a great lack of understand of the above, and as a direct result incorrect advice is being given. I shall attempt to keep legislation to a minimum, but in some areas it would be impossible to give cohered information without it. I hope advisors will read this. Because I am sick to death of seeing current advice ridiculed elsewhere.
-
Who is entitled to see my data?
Peterbard replied to howlsatthemoon's topic in Data Protection and Default Issues
If your club is required to have a credit licence, it would be the appointed credit controller officer. But data protection detail should be contained within your membership docs. Especially since the tightening of the law a few years go. Only you can give permission to share you data in this instance. Unless by order of the court. I would google t ICO compliance it should give you a list of exemptions, or call the club and ask. There are so many variables, that it would be impossible to give an accurate answer without the detail. -
It says this. If your booking is no longer free to cancel or is non-refundable, you may incur a cancellation fee. Properties can also choose to change the dates of your reservation at no extra cost, so it’s worth contacting the property to see if this is possible. You must not cancel, you may lose your money. You are correct, it is a convoluted mess, there may be a reason but not for me to y. No they must cancel and refund. Further back, did you mentioned an ATOL certificate, which you were advised you couldn't use? Did this have the correct booking reference on it?
-
Sorry, where was the car taken from? your drive or off the road?
-
Thanks for the info So the car was taken on the 30th of October and sold on the 14 November. As per the notice. But you had sent your SD on the 13 of November, the day before it was sold? I notice the valuation was above the warrant sum by quite an amount. Did you get a refund Or was the rest made up of disspersements (storage)) Do you have a gbreakdown of appropriation of proceeds?
-
That goods/services were not provided. The discounted price or condition would make no difference. The action would be failure to supply
-
After they took the vehicle was you sent a notice containing an estimate of the sale price and details of the auction?
-
Yes but Paypal would have been the payee, so they are a fourth person, in the chain, section 75 says there can only be three. customer creditor supplier. you, the card, holidays company You need to try Chargeback. But first have a look at your card t and c's see if the creditor has their own procedure. If not, ring them and tell the you want to reclaim the money under the chargeback facility. You need to do this within 6 months of finding out about the problem. The situation is that, if you have paid using money already in your PP account you CANOT claim. If, as you have done, paid by check and they credit it to their account you can. You can also contact the FOS, just ring them and they will tell you if you have a case. If any of these avenues fail, ensure to ask for a final decision letter, as it will help later on.
-
Default notice, what default notice. You mean this. ? Located another email, an actual Notice of default dated 13/5/2014 , this looks like the official one. It has the line - To remedy the breach you must pay us a total of £935.68 before 27/05/2014. This refers to the credit file, you know the one that's not been mentioned. So the official default is 13th May which of course is fast approaching the 6 year mark this yea
-
Now Andy is stopping me from answering on anther thread. An answer bythe way which refers both to the
op's original question and the nonesense of DX 10. Where he says that defaults will have no effect and ti ignore.
I really do not need to say more.
-
The advice given in the post is directly and completely wrong, how much more could Have to do with. er SX seems to indicate nothing and it will not show. This is wrong wrong wrong. A default notice is one of the first things a new creditor looks at. Not at all what DX says. So you are happy to let the OP go away think a default on his file wont effect his notice? You may not like me much, I dont give a rats arse, I have no feelings about you whatever, but there is no cause to mislead the public just to illustrate the fact. Come on Andy. Registered Users
-
Decriminalised Parking Enforcement UK Rules and Guidance
https://www.theukrules.co.uk/.../decriminalised-parking-enforcement.htmlThe role of the Decriminalised Parking Enforcement inside and outside of London has become more commonplace. An increasing number of local traffic authority regulators are taking part in this system. In most cases, they assume the responsibility of enforcing some parking contraventions.
-
Hu. Just to save me looking, did you ever get a response to your section 77, being a secured loan rather than a mortgage you were entitled. All those charges would have to be listed on the executed agreement, or if varied on a new agreement.
-
Part two the important bit PLEASE READ
offence. Notice of a contravention is issued in the form of a Penalty Charge Notice (PCN) to the motorist. If the ‘charge’ is not paid the non payment is treated as a civil debt and bailiffs can ultimately remove property to the value of the penalty plus costs as a means of securing that income,if all other prescribed measures fail. If the charge is paid within 14 days of issue of the Notice (PCN),a discount of 50% is accepted in full and final payment. Liability for the payment of the penalty charge rests with the owner/registered keeper, who has an opportunity to make representations against the Notice to Owner to the local authority.
-
Hi Eric.
I have been banned from the entire parking forum, so cannot even see whay is going on.
Please PM me.
I had no problem with the defence put up. My problems were as usual in regard to Dxs statements, in particular regarding the original claim, not the parking charge one. He and others seem to be of the opinion it wpuld have been a criminal ticket, FPN and therefore enforced via the Maj court. It would not because thered way enforcement is via the appropriate enforcement canter, as this area was decriminalize and therefore any action would be via a civil court and a PCN. He seems to know nothing about decriminalisation and thins all street paring is enforced through the criminal system.
I now I am new over here, but I learn quickly, of course if i make mistakes, I would welcome construal correction. I any case the action taken against me is, in my view out of order.
Peter
-
Hi, I have just been double checking on the little I knew already.
This from https://www.britishparking.co.uk/write/Documents/Library/position papers/Position Paper 03.pdf
Prior to September 1993, the enforcement of prohibited parking was carried out by police traffic wardens. Permitted parking was enforced under criminal legislation and non payment pursued through Magistrates Courts.London local authorities in particular lobbied the government to allow them to take on the necessary powers as the local authorities already were accountable for the transport policy and traffic regulations, but were unable to enforce the regulations effectively.
Honeybee says civil enforcement only can be used on car parks and any outside contraventions are criminal. Is this really what some believe.? eIt has not been tru since the 81 act.
Civil enforcement of parking is widespread now and enforces most offense, see below.
73Contraventions subject to civil enforcement
(1)Schedule 7 specifies the road traffic contraventions that are subject to civil enforcement.
(2)These are—
(a)parking contraventions (see Part 1 of the Schedule);
(b)bus lane contraventions (see Part 2 of the Schedule);
(c)London lorry ban contraventions (see Part 3 of the Schedule);
(d)moving traffic contraventions (see Part 4 of the Schedule).
(3)Regulations under this Part of this Act may make different provision in relation to different descriptions of contravention.
(4)The appropriate national authority may by regulations make such consequential amendment of Schedule 7 as appears to the authority to be required in consequence of the amendment, replacement or revocation of any provision of subordinate legislation referred to in that Schedule.
Supplementary provisions as to orders under s. 6.
(1)Any order under section 6 of this Act may make provision for identifying any part of any road to which, or any time at which or period during which, any provision contained in the order is for the time being to apply by means of a traffic sign of a type or character specified in the order (being a type prescribed or character authorised under section 64 of this Act) and for the time being lawfully in place; and, for the purposes of any order so made, any such traffic sign placed on or near a street shall be deemed to be lawfully in place unless the contrary is proved.
(2)Any such order which imposes any restriction on the use by vehicles of streets in Greater London, or the waiting of vehicles in such streets, may include provision with respect to the issue and display of certificates or other means of identification of vehicles which are excepted from the restriction, whether generally or in particular circumstances or at particular times.
And also section 7 7 49.
, These amendment were started in London of course and the on authority application rolled out over the country.
This was due to provisions introduced in the 81 traffic act, and is introduced to sharp end enforcement by the 1993 traffic order.
This Is why road parking enforcement uses a PCN, and not the police FPN/
So I am to be banned because I know this?
-
When you say bylaw Eric you are correct. In that it will be a SI, order, regulation etc made under a local statuary instrument or rule, which would have been made under one of the pieces of legislation mentioned.
But before this, the criminal offence would have to be transferred to a civil one. Its not easy to tag bits onto criminal acts of law.
https://en.wikipedia.org/wiki/By-lawA by-law (bylaw, bye-law, byelaw) is a rule or law established by an organization or community to regulate itself, as allowed or provided for by some higher authority. The higher authority, generally a legislature or some other government body, establishes the degree of control that the by-laws may exercis
-
-
No, Section 75 of the CCA only cover from 100 to 30000 A chargeback has a much shorter time limit—usually only 120 days. A chargeback only applies to the amount that was actually charged to the card. It does not cover partial payments. There are no minimum or maximum amounts for a chargeback. The trader is the only one held responsible for the chargeback and must pay the entire refund amount with fees. There are several key stipulations that determine the eligibility of Section 75: Consumers can wait up to six years to file for a refund. Section 75 only covers purchases that are between £100 and £30,000. Partial payments are also covered. For example, a consumer might split their payment methods–£100 on their card and £200 in cash. Section 75 allows the customer to claim the full £300. Also, as long as the total payment exceeds £100, it doesn’t matter if the customer only paid £10 with the card. Sorry if I was unclear. There was a similar problem on here last week. I think you will find they will say that section 75 CCA will not apply. Basically, It applies to a debtor creditor supplier relationship, whereas you are in a relationship with one other, a broker(experia). . This may be what they are referring to. You paid Expedia, yes? Why did your daughter think she was dealing with the supplier? Was she miss-led? Is there anything in Experia terms about refunds? I would contact ATOL and check if the notice applies to you. And which provider requested it. Ask for copies of all correspondence under GDPR, you do not have to send a letter. A phone will do, although I always find out the email address of the person your talking to and confirm the request, just in case they" forget".
-
Lending stream ignoring emails
Peterbard replied to paulhn757's topic in PayDay loans and Short Term loans - General
If you ring one of the free DMP companies and get them to start an account, they will give you a call back appointment, a reference number. Ring the creditor ask for a months leeway as per FCA guidance as you are in consultation with A DMP, At this point they will offer one of their own plans. Be very careful before you accept, personally I would stick with the DMP. You can put any other debts on there. Y ou will have to do a breakdown of income for them. Use it for yourselft, do not pay to much because you want to keep in with a creditor. I is about maintaining a living standard for you and your family, I helped someone recently who are currently paying £1 a week yo five creditors, doesn't matter, as long as you are being genuine. It is only worth complaining if they have not given you any help with your debt. They are under a legal obligation to provide leaflets and direct you to an advice agency. -
Nope Chargeback may be used on both credit and debit cards. Chargeback has a light advantage as it permits actions for £100.
-
Quote
I have been restricted on the parking forum, so for clarity.
was not talking about the action by the Company, I was talking about the correct charge for that offence, red zone. Which would also be a civil offence not a criminal, due to the decriminalisation in that area.
So you cannot say it should have been held in a criminal court, it, like the charge claim would both be held in a ciil court. It is very unfairtoto be able to respond.
-
Brassneck I cannot get on the thread..
I was not talking about the action by the Company, I was talking about the correct charge for that offence, red zone. Which would also be a civil offence not a criminal, due to the decriminalisation in that area.
So you cannot say it should have been held in a criminal court, it, like the charge claim would both be held in a ciil court. It is very unfairtoto be able to respond.
-
Part two the important bit PLEASE READ 1981 road traffic ct
offence. Notice of a contravention is issued in the form of a Penalty Charge Notice (PCN) to the motorist. If the ‘charge’ is not paid the non payment is treated as a civil debt and bailiffs can ultimately remove property to the value of the penalty plus costs as a means of securing that income,if all other prescribed measures fail. If the charge is paid within 14 days of issue of the Notice (PCN),a discount of 50% is accepted in full and final payment. Liability for the payment of the penalty charge rests with the owner/registered keeper, who has an opportunity to make representations against the Notice to Owner to the local authority.
-
of parking regulations.
Decriminalised parking enforcement has resulted in the deployment of more parking attendants than there were Traffic Wardens when the police were responsible for enforcement.The deployment of increased numbers of enforcement personnel and the requirement to issue a Penalty Charge Notice (PCN) whenever the parking attendant observes a contravention has resulted in an increase in the number of parking tickets being issued.Traffic wardens were often instructed to try to move the offender on rather than issue a ticket. However this in practice had little beneficial impact on the level of parking offences as there was no real deterrent. Local authorities have also been given powers to clamp or remove vehicles in contravention of parking regulations
-
-
Here you are Wiki. Decriminalised parking enforcement (DPE) is the name given in the United Kingdom to the civil enforcement of car parking regulations, carried out by civil enforcement officers, operating on behalf of a local authority. The Road Traffic Act 1991 (c. 40) provided for the decriminalisation of parking-related contraventions committed within controlled parking zones (CPZ) administered by local councils across the UK. The CPZs under the control of the local councils are also referred to as yellow routes and they can be easily identified with yellow lines marked on the roads with relevant time plates. Councils employ parking attendants to enforce their CPZs directly. The chief rationale behind this provision within the Act was, amongst other reasons, to make sure people didn't end up being criminalised for car parking offences, like one may potentially become with some driving offences. However, some parking offences can still be enforced by the police with fines, failure to comply with which could lead to criminal proceedings and even the adding of points on the driving licence of the offender. Such parking offences enforced by police traffic wardens are parking contraventions committed in red routes (red routes are usually identified with red lines marked on the roads with the relevant time plates). Police traffic wardens can also enforce parked vehicles on pedestrian zig-zags/crossings, whether committed on red or yellow route
-
Since decriminalisation most parking offences are, of course held in a civil court The legislation itself says county court. The ticket says infringement of 46. Do you think a court would hear a different cause of action for some reason. There is no contract made on an infringement. Look if our not going to read any of the proof I send you I am wasting my time. To the OP please get proper help, try CAB. Must be nice to be able to edit other peoples input like this. As I said earlier. OP please get proper advice, it seems you will not get any here. CAB is OK if you can get through. Good look.
-
Since decriminalisation most parking offences are, of course held in a civil court The legislation itself says county court. The ticket says infringement of 46. Do you think a court would hear a different cause of action for some reason. There is no contract made on an infringement. Look if our not going to read any of the proof I send you I am wasting my time. To the OP please get proper help, try CAB.
-
You see DX, as I said, I have no interest in parking, but it is law, anyone with even a basic understanding, and who can read legislation would tell you the same. There are some however who should remain TV repair men or Brickie's. I say this with much love x
-
http://www.legislation.gov.uk/uksi/2007/3483/contents/made Get someone to read this for you. This is from the guide above We have a legal duty under section 16 of the Traffic Management Act 2004 to ensure the efficient and safe movement of traffic using our road network. The red route comprises 550km of the most important, strategic routes in London and this is why it has been designated as a ‘No Stopping’ network, except in marked bays at the times shown on the adjacent signs. We would prefer not to have to issue any PCNs, however if drivers do not follow the rules, we may need to take enforcement action against them. All surplus income from penalty charges is invested back into improvements to London’s transport network. Dx do you really want me to write you a list of civil parking offences, look it up for once. Try the 004 traffic enforcement act for a start. All are enforced in a civil county court. And read this http://content.tfl.gov.uk/myths-and-complaints-about-red-route-enforcement.pdf You are misleading the OP, trying to divert traffic to protect your opinion is completely out of order. Parking offences are mostly decriminalised and heard in civil courts, they are also enforced by bailiffs under sched 12 which is a civil procedure. This is completely wrong and you are doing a great disservice e not only to the OP but to this forum. Stop it.
Latest
Our Picks
Reclaim the right Ltd
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS