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  1. Dear all, Exeter Road Car Park, Braunton, EX33 2JJ - Parking Charge Notice I have also been subject to this rather off-putting Parking Charge Notice in the same place; Following the thread above I have completed the questions from the link below: 1. Date of the infringement: - 05/10/18. 2. Date on the NTK [this must have been received within 14 days from the 'offence' date]: - 11/10/18. 3. Date received: - 12 or 13/10/18. 4. Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?]: - Yes. 5. Is there any photographic evidence of the event?: - Yes. Two photos of car. Two of numberplate [both dark]. 6. Have you appealed? [y/n?] post up your appeal]: - Not yet, but I have drafted it and posted below. Have you had a response? [Y/N?] post it up: - N/A - not yet. 7. Who is the parking company?: - Premier Park Ltd 8. Where exactly [carpark name and town]: - Exeter Road Car Park, Braunton, EX33 2JJ Draft online Parking Charge Notice Appeal wording: "Dear Sir/Madam, Please be advised that in normal circumstances I am law and rule abiding, in any case.
At the time in question this was no different, however, after recalling this journey to an area that I am not familiar with and which receives a significant amount of tourism traffic, I would state that the terms and conditions of the car park are not sufficient for the average visitor to use and create a valid contract. Specifically I am appealing against the availability of, and clearness of, the signage and how well lit the car park is to make this reasonably visible to any user in order to create an acceptable contract. At the time of the evening stated, and as can be evidenced from your own photographic evidence stated, it was almost pitch black dark if not for the light omitted from a vehicle itself. So much so that the vehicle make, model, colour or driver cannot be determined. If I recall correctly, at the given time of the evening, a bus also pulled into the bus lane outside the car park on Exeter Road, meaning that anyone would have to tightly pull in front of it to gain access to the car park, missing blocked entry signage and parking terms signage. The darkness of the evidence provided also does not display and make clear were my car was photographed and if it even entered the car park or remained stationary/unattended there for any period of time at all. 
Please can I appeal to good faith that if the displays were clear and visible I would have seen no option but to comply with the terms and conditions, but in this case, for multiple reasons, the terms were not clear enough for me to be made aware to do so at the time. There is also no evidence provided to the contrary that the car park is clearly displayed, including its terms, or sufficiently lit to substantiate the claim that any contravention was intentionally made at the time. If you do not agree that this penalty has been unfairly applied and reject my appeal, I will be left with no option but to further this appeal with IAS. I look forward to hearing from you Regards," --------------- Any help you could give here would be greatly appreciated?? and I hope that this helps others Thank you
  2. i got the letter today informing me that tfl intend to prosecute and i can either plead guilty and not come to court , plead not guilty and come to court or plead not guilty and attend a trial. They have charged me with the following: On (date), you did enter a compulsory ticket area without having with you a valid ticket. Contrary to byelaw 17 (1) of the Transport for London Railway Byelaws Made under Paragraph 26 of schedule 11 to the greater london authority act 1999 and confirmed under section 67 of the transport Act 1962. The situation was that when i tapped my oyster card at a station without a ticket barrier, I didn't realise the red light flashed and the sound played differently, and I rushed onto the waiting train. I arrived at my destination and I realised I had insufficient funds on my oyster card when I was unable to exit. It was a genuine mistake, with no deliberate intent to evade the fares, but TfL are still intending to prosecute. I'm a regular commuter and a university student, with a pristine oyster card history, so I am worried about what to do now. Any help or guidance, or sharing of experiences will be greatly appreciated.
  3. Hi, I received this email Dear [my name] Harlands administer the collection of all payments due under your agreement with Xercise 4 Less. Your bank have advised us that your March instalment has been returned unpaid "refer to payer" as there were insufficient funds in the account to pay the amount due. We will therefore debit your account on 5 APR 18 for the total amount of £34.99 made up as follows: Instalment Amount £9.99 Administration Fee £25.00 Total Due £34.99 Please note that the submission for this will be made two working days prior to 5 APR 18 and if this date is not convenient, please contact us on the HARLANDS HELPLINE - 01444 449033. Our lines are open 8am to 8pm Monday - Friday and from 9am to 12pm on Saturday. Thank you Once the submission has been made the debiting of your account cannot be stopped. You must ensure that sufficient funds are in the account to prevent further charges being made and possible default action being taken against you. We trust you find this in order and we look forward to hearing from you soon. Yours sincerely Harlands TL;DR: Payments come out on 26th, had insufficient funds, 27th I get the above email I send them this: Dear Sir/Madame, I am a member of Xercise4less, [city[. I have been a member for about 3 years now. A payment of £9.99 was due on the 26th which I had insufficient funds for, immediately a £25 administration fee was added. Such administration charges are unlawful and unenforceable. I am going to cancel my direct debit to avoid paying this unlawful fee. If you at any point attempt to claim this money from me, I will ask my bank to refund me the money which I am fully entitled to under the Direct Debit Guarantee Scheme. To settle this matter, I will pay you the final fee of £9.99. This payment will be made only when Harlands confirm that this will settle the matter. If you fail to agree to this within 14 days, my offer will be withdrawn and you will be paid nothing. I look forward to hearing from you soon. Your Sincerely, [my name] I also send this to the Manager of the Gym: Dear Xercise4Less, I'm a student at University of [City] and have been a member of Xercise4Less for about 3 years now. On the 26th of March 2018 my DD bounced due to lack of funds and after less than 24 hours Harlands are now seeking to charge a £25 admin which I will not pay. Such administration charges are unlawful and unenforceable. To avoid Harlands abusing the DD mandate, I have had to cancel my DD. I am happy to pay you the £9.99 I owe and use your gym in the future but I will not fall victim to this disgusting practice and allow Harlands to charge unlawful fees. If you supply payment details within 14 days, I will pay you £9.99. If you don't accept this, my offer will be withdrawn and I'll consider the matter closed. Yours faithfully, [Name] Then I get this response from the manager (front desk actually cause i guess manager is lazy) Good Afternoon [my name] In regards too the admin fee you have been charged, this is standard procedure of missing a direct debit, same as any other standard order who may charge if missed. We have explained that this will happen is a direct debit is failed to be taken on our terms and conditions which you have accepted. When you activate your account with us and then go on to do your health questionnaire, you accept the terms and conditions before it's all complete. If you have accepted these, this too us means you have read them and agree. If you did not read those, i have attached them too this email for you to read through. Unfortunately, due to this being in the terms and conditions, there is nothing i can do to withdraw this. If you would like to take matters further, i have attached the complaint procedure too the email also, you will have to follow the instruction. However, there is no guarantee this will be cancelled for you, as all your terms and conditions have been accepted by yourself. Kind regards Reception team They also send me the T&C I replay like this Hello, Thank you for the swift replay. As you have not accepted my offer of paying you the outstanding £9.99, I will now consider the matter closed and you will receive no payments from me. I apologize if I did not make myself clear in my previous email. There is no need to withdraw the admin fee, I have canceled my DD to avoid paying this fee. I know for a fact that you cannot enforce this administration fee so if I refuse to pay it you will not receive it. I don't have to accept the £25 admin fee just because it's in the T&C's. The admin fee is punitive and not a true reflection of cost incurred by Harlands due to my failed DD. In the even any money is taken from my account I will have my bank refund it under the DD Guarantee Act. I will also refrain from using your gyms in the future and will inform individuals who use your gym of this ill practice. I am still willing to pay the outstanding £9.99 owed to you but from this point forward all correspondence from you will be ignored and I will only take this matte up with the head office. Kind Regards, [NAME] They replay like this: Hi, I have explained everything possible too you and also sent you the proof as to what happens if you miss a direct debit. There is nothing more i can possibly do here for you. However, you will receive letters from Harlands stating your direct debit has been missed/cancelled. If there is no payment made within 3 months, this will go too a third party. Please be aware, that if this gets to that point, there is nothing at all we can do from club level too help. We have tried to help today by explaining this is a one off payment, as this will happen if you miss it. I will forward this email too our Head Office to make them aware that you have refused to resolve this situation. If you do happen to contact Xercise4less regarding this issue in months to come, there is nothing we can do to help. Kind regards Reception team What is your take on this. It seems like i won't be paying them anything but I won't be able to use their gym anymore. My images dont appear so I just copy and pasted the messages.
  4. Hi wonder if you can help/advise My daughter was stopped for no reason back in October - and one of her tyres was measured and deemed to be below legal tread limit She received a single justice procedure notice on 18/03/2017 - which she is only addressing now:mad2: they day it has to be returned However on reading this document is seems that there was a fault in the procedure - maybe I'm just misreading it? This document says section RC86027 states that the tyre needed to be less than 1.6mm throughout a continuous band comprising the central three-quarters of breath of tyre and round the entire circumference of tyre However, the officer did not check the whole tyre he just turned the wheels out himself and measured one point on the tyre? She was intending on pleading guilty as she was shaken up about the whole thing she is only 18 - but how can she plead guilty for something that isn't factually correct? They only give 3 options on this form Guilty via single justice Procedure - Guilty with court hearing - Not guilty they do not offer an option that says submit plead at Also the police witness statement is written by a female officer and she didn't measure the tyre a male officer did? extra info not of any pertinence I don't think? It a pain because only the week before she had gone and had her tyres checked at a garage and they said she only needed one tyre changing and they changed that tyre. Thoughts?
  5. I am amazed how incompetent this lot have been. First - I don't use O2 - just their network via Giffgaff. I lost about 24 hours of data and a bit less of calls and texts when their network failed last week. It was the second problem in six months, as I had to change my number in February/March as I used my mobile as a modem - and an error on O2 forwarded the phone number to all sites visited, including ad servers. Then the spamming texts started. I contacted O2 on their web chat - and told them I wanted my phone unlocked free (its PAYG and meant to take a year before it can be unlocked, and it costs £15. The problem was the year!) So after they agreed their service was unsatisfactory, I pointed out my phone must be unsatisfactory too as it was locked to them/that unsatisfactory service, and they had two major screw ups in six months. So they agreed to unlock it free after a bit of a discussion. Now I have an email stating both... It has zero O2 credit, as its not on O2! AND in the small email a few lines down from their chat person it mentions... Hopefully the third web chat earlier will have fixed this!!! :D:D
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