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    • Today has been hectic so  have been unable to complete the whole thing. If you now understand it and want to go ahead with a complaint to the IPC, fine. If not then I won't need to finish it. But below is my response to your request  on post 64. No you don't seem stupid, the Protection of Freedoms Act isn't easy to get one 's head around at first. The part of the above Act referring to private parking is contained within Schedule 4 which you can find online under the Protection of Freedoms Act 2012. Section 9 of SCH.4 relates to how the parking scrotes have to perform so that they can transfer their right to pursue the keeper from the driver when the PCN is still unpaid after a certain amount of time. In your case the PCN was posted to you the keeper and arrived within 14 days from when they claimed a breach occurred. That means they complied with first part of the Act. The driver at that time was still responsible to pay the charge demanded on the PCN and PCM now have to wait for 28 days to elapse before they can write and advise the keeper that as the charge has not been paid, that they now have the right to pursue the keeper. They claim they sent the first PCN on the 13th March, five days after the alleged breach and it arrived on Friday 15th March. So to comply with the Act they have to observe Section 8 subsection 2f   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid. ---------------------------------------------------------------------------------------------------------------------------------------------So the first PCN was deemed to arrive on the 15th March and for 28 days to have elapsed is when the time is right for them to write and say you are now liable as keeper. So they sent the next PCN on the 12th April which is too early as you could still have paid until midnight of the 12th. So the earliest their second PCN should have gone to you was  Saturday 13th April so more likely on Monday 15th April. The IPC Code of Conduct states "Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses." So by issuing your demand a day early, they have broken the Act, the IPC Code of Conduct, the DVLA agreement  to abide by the law and the Code of Conduct not to mention a possible breach of your GDPR .   I asked the IPC  in the letter on an earlier to confirm that  CPMs Notice misrepresenting the law was a standard practice for all of PCMs Notices or just certain ones. Their distribution  may depend on when they were issued and whether they were issued in certain localities or for certain breaches. Whichever method used is a serious breach of the Law and could lead to PCM being black listed by the DVLA . One would expect that after that even if the IPC did not cancel your ticket, PCM could not risk going to Court with you nor even pursuing you any further.
    • thanks jk2054 - do you know any law i can quote (regarding timeframe) when sending the email as if i cant they'll probably just say no like the normal staff have done? thanks.
    • I lived there with her up until I gave notice. She took over the tenancy in her name. I had a letter from the council and a refund of the council tax for 1 month.    She took on the bills and tenancy and only paid the rent. No utility bills or council tax were paid once she took it over. She will continue to not pay bills in her new house which I'm now having to pay or will have to. I have looked online I believe the police and solicitors are going by the partner law to make me liable.   I have always paid my bills and ensured her half was paid then see how much free money is over.   She spends all her money on payday loans and rubbish then panics about the rent. I usually end up paying it or having to get her a loan.   Stupidly in my name but at the time it was because she was my partner. I even paid to move her and clean and decorate her old house so she got the deposit back. It cost me £3000 due to the mess she always leaves behind.
    • Paula Venomous refused to resign for 16 months and eventually did only because a doctor threatened to resign. Interesting snippets and insights in the article. Paula Vennells clung on to ‘plum’ NHS role after Horizon scandal ARCHIVE.PH archived 19 May 2024 21:49:07 UTC  
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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barclaycard/help


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claimed my charges from barclaycard which total to £516, this is without intrest.

i sent of for the amount of £516.

 

recieved letter saying goodwill gesture of £192 and money applied to card. i didnt ask for that to take place.

 

what do i do now? do i put in a claim at court? or is it another letter.

 

oh, and they have also reduced my credit limit now so that i cannot use the xtra cash.

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You havnt stated if you have sent the lba letter, or a rejection letter.

 

Keep to your time scales. 14 days between each letter, then file at court.

 

If you send a rejection letter telling them to take the money back, carry on filing for the full amount.

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hi i have been looking round site for info from other threads. its a rejection letter i need to send.

i have mixed it with the LBA templete is that ok as i have noted others have done it.

also is it ok for me to accept it as part payment but will pursue rest by court claim.

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Here you go this is what I sent them just tweak for your needs. Think it is ok to send LBA as well if not someone will correct me.

 

Barclaycard,

Customer Relations Department,

1234 Pavillion Drive,

Northampton

NN4 7SG

 

 

 

Dear Sirs

 

ACCOUNT NUMBER:

Ref your recent offer

 

 

Thank you for your recent offer of £ ***** as a gesture of goodwill, I must inform you that I will not be accepting this offer. As outlined in my earlier correspondence I explained that the charges you have applied to my account are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Further or in the alternative, I believe that your charges are a Penalty.

 

Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963

 

Although in my original letter I informed you that I would start legal proceedings within 14 days, as a gesture of goodwill I will give you an extra 7 days to refund £ ***** by cheque as I no longer use this account and wish it to be closed. If this is not done within the 7 days, I will be forced to start legal proceedings, you will receive no further warnings.

 

Yours Sincerely

All advice given is without any liability and has been picked up from my own experiences.

Never give up hope - Life is to short.

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