OK, I have definitely filed in court, Halifax have been served and have until 31st to acknowledge. Will post that in the relevant forum in a mo. I just glanced at a post that said it is illegal to take bank charges out of benefit money - is that so, and what can I do about it? Has anyone tried to go for punitive damages based on the distress it causes when you have NO MONEY at all to buy basic groceries becuase they have taken it all? I can show in statements where they have done this to me on numerous occassions!

Thank you - but i have just spoken to the court and it is on its way back here! I have made another mistake on it and they are posting it back to me today - I'll take it back in on Monday and it won't make any difference to my timescale she said! I did prepare it in the middle of the night so I was a bit tired..... no excuse I know but at least the court is being very helpful! Does anyone have the Trinity Road Address please? I will scout around in the meantime!

An answer would be greatly appreciated please!

Don't know if this helps but I sent my LBA on 21st November and filed my claim in the county court yesterday. I know I read of someone on this forum who couldn't afford the charges and had to wait and they had a positive result so I did it anyway. And I didn't have to pay costs as I get WOrking Tax Credit.

I was very nervous too - I even wondered if this forum was real - if the contributors were real people!! But when I got as far as my first offer from Halifax I knew it was real. I filed my claim in court yesterday - and I now just have to sit and wait. One thing that has helped me is not counting on getting the money - just seeing it as an exercise really. Of course I know what I will do with it if I get it - but I have made plans to get what I want another way if this fails. That way you don't fele the pressure of it all really! Hope that helps x

Ok everyone, I have filed my claim in court. Very easy - but I have made a mistake - do you think it will matter? On the schedule of charges I put my Branch address - but the N1 has the Banks head office on! I have never counted on getting the money back, so its no great drama - just wondered! Now waiting the 14 days to hear if they submit a defence. The papers will be served on Monday according to the court clerk and so 14 days is up on the 22nd.

Wouldn't be any point in not doing so really. The PA would be acting unprofessionally and would also know that the ticket probably wouldn't stand.

Thanks Nat, I am hoping over the next couple of days to guide her through the process and then for her to come on here and get some reading done. She totally accepts the £400.00 overdraft but not the charges and I really feel for her because she has found the whole thing very stressful.

Thats because yours is not a local authority ticket. By not putting it, you can't say they got it wrong.

Only if parking enforcement in your area has been taken over by the local authority and there are some areas where it is still a police matter. OUr area went to local authority this year - but I think there are still some who are in the process of transferring. Not sure of the time scale, but if it is a local constabulary then offence is the right word.

Definitely invalid - as will every other ticket issued that day by the same PA be!

They do justify the charge on the PCN - they state the code and the meaning. PCN's in our authority cannot be issued for 10 minutes after the expiry time of the ticket, which they consider plenty of time to return to the vehicle.

Photos are not usually taken when the vehicle is first observed. Firstly, the vehicle is entered into a notebook - then the valve positions of the wheels at the kerbside are noted. This is then signed by the Parking Attendant. 30 minutes later, they return and check again, noting down the valves. If no change, they issue, and at that point take photographs. The notebook is in time order and cannot be altered, therefore is admissible in court along with the photographs as supplementary evidence. Too many people think the photos are the most important part - if there was no photo the PCN is still enforceable.

Can't help with the image - but can you explain what you think is worng? Is it a local authority ticket? Is it signed?

As stated in Chadley's thread, the colour of the car can invalidate the ticket - but really obvious errors like green not red, black not white. Shades in between will normally go in favour of the issuing authority - after all, the car has been issued for a parking contravention and unless the model is wrong nine out of ten tickets will stand.

Usually Loading Bays do have exemptions for disabled drivers but only outside the hours the bay is used for loading.... for example, if there are yellow lines and kerb markings and a sign that says "No loading 10am-6pm", this means that outside these hours a disabled driver can park there - but during these hours they must not be there. Even if you parked 10 minutes before the loading ban is in force (in your case 4pm), you still have to be out by 4. Does that clarify things for you? Or have I made it as clear as mud?

Read all those, but I'll do it again to be sure. Might even make notes this time!

Sorry - I have editted it to read NatWest now. Getting carried away as I am filling against Halifax in court myself tomorrow!

Thanks. I am very worried about it, keep thinking with my luck it'll be my claim they decide to challenge in court! I am also a little excited too. Sorry Barracad, will keep to the one thread form now on. Where is the best place to read for this stage? I have read just about everyone's thread but need to read more!

I am off to court tomorrow to file my claim. I have held off for two weeks, totally unneccesarily because of the £120.00 charge, but I called in today on my lunch break to find out I don't have to pay them! Wish I'd known - I could have had the money for Christmas!!!! Anyway, before I go, do I have to submit any evidence other than the schedule of charges at this stage? What I have prepared is three copies of the N1 and three schedules. Should I be producing supplementary documents now, or in court should I get a hearing? Many thanks Chrissie x

My lil' sis came to see me tonight. She has heard from my mum that I am taking on the Halifax re bank charges and thought she would ask my advice - but I am not as knowledgeable as you wonderful people so I thought I would ask on her behalf for some help. I have never had an overdraft so don't understand how the whole thing works. She banked with NatWest since she was 13 (now 21). Until 18 months ago she had never had a single bank charge, and had an agreed overdraft of £300.00. She went away for a week, and paid for something on her card which cost £101.00. When she came back, she had £100.00 available to withdraw, but knew it was the money she had spent (couldn't understand why it was still available to spend). A week later, it was still available, thought she had made a mistake, and withdrew it. Days later, yes you have guessed, her first ever £28.00 charge. She rang them, very upset, and said she didn't want to pay it because the money shouldn't have shown as available if it wasn't. They said if she didn't pay it they would charge her again - and did. She got more upset, rang them again and they said the same thing - she got a bit stroppy and said "keep charging then cos I am not paying". She then opened an account with Barclays to avoid paying the charges and closed the NatWest one (She is usually very careful, and has in 18 months not had a charge with Barclays). From what I understand, this was then passed on to a collection agency, and was now £700.00. She was even mor upset, and rang and said she had no objection to paying £400, (the original overdraft and the £100 overspend) but refused to pay the extra £300.00 they were asking. A couple of weeks ago, she got a letter to say the debt is now £1100.00. And that NatWest are adding charged weekly. Is there anything she can do? She is at her wits end. She is working tonight so I said I would get the ball rolling and register her on the forum - of course I forgot to she would need an email from the forum to activate her account so I am using mine till she gets home to do it. Told you it was long winded didn't I? What she really wants to know is if she can pay off the overdraft and avoid this £700.00 of charges, all for stemming from one charge. Many thanks if you stayed this long..............

Hi everyone, I sent my LBA and had a standard response...."we offered you £*** but you have declined.....we will not be paying you back your charges.......failure to manage your account properly could result in colsure of your account" So, I am now ready to take the next step.....trouble is I can't! I have no idea what to do now, I know I have to go to court (not MCOL as I can file for free at court) and I need to know what forms to fill in, what submissions I need if I need them..... Sorry, I am not usually this helpless but I had three OU assignments to be in and they had to take priority! If anyone can offer some freindly advice I wuld be very grateful. Many thanks Chrissie x

Hi everyone, I waited until today to refuse my offer from Halifax, as it was time to send the LBA. So I have done that and amended it according to advice from the forum, so thank you for that. Just sit tight and wait and see now then!

I was worried too - I sent my Prelim letter off on 6th November, got a standard letter in two days and a first offer on Saturday 11th (five days after my letter was received!) I am of course rejecting, but was quite scared of doing so!

Bumping up in the hope of getting an answer! Thanks