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    • You are wonderful, Dave!!   I shall get the WS drafted soon as I can! Thank you so much for your help!
    • I thought they were not allowing people to sign for recorded delivery/special delivery now meaning it could still be argued that they ever received it     
    • Don't worry about the questions - that's what we're here for.   I'll try and flesh out the arguments and answer your questions at the same time.  Let's use "I" to refer to your mum as it's her WS.   1.  Sequence of events Describe briefly that the driver parked in the retail park and visited Citygate garage, thinking it was part of the retail park.  Upon return to the vehicle there was no windscreen ticket or indication of any infringement.  Later I received a PCN for parking in a restricted area, then various threatening letters, after a Letter Before Action which I replied to and finally a claim form.   2.  Locus standi VCS are not the landowner.  The contract they have provided is not with the landowner, it is with another company, it ran out in 2018, the company it is with went into liquidation in 2019, the contract cannot possibly be valid.   3.  No keeper liability VCS should be suing the driver, they have not established keeper liability under POFA (you know all about the 29-56 day stuff, quote it all from POFA).   (Yes!  Good find on their sign!  Include the sign and say VCS maintain they have images that can identify the driver and yet have not identified me as such).   (Yes, keep it vague as to who was driving, it's up to VCS to prove, not you.  They could easily have used POFA correctly but have complete contempt for the law so haven't).   4.  Planning permission VCS go to great pains in their WS to emphasise their signage, none of which I disagree with.  However I do not believe they have planning permission for these signs which is a criminal offence under Town and Country [Advertisements} regulations and means no contract could be formed.  I have requested proof of planning permission from VCS by means of a CPR request but they have not replied.  I have searched XXXXX council planning portal and I cannot find planning permission for the signs.  Their CoP incudes that they must obtain all legal permissions yet they have not done so (look up the bit on the IPC CoP):   (You can't prove a negative.  The work you've done here is more than enough.  They have to prove they have planning permission yet have not).   5.  Predatory practises These are forbidden by the CoP (again, look the section up) (a)  The driver did not find the Notice to Driver on their return to the car although it appears in VCS's photos.  As the car park is patrolled, it is unlikely that a member of the public removed it.  I believe the patrol officer photographed it and removed it.  This is a well-known tactic used by PPCs so that the motorist misses the chance to pay during the discounted period.  I enclose a statement by Mr XXXXX which confirms what i say. (b)  The driver visited Citygate garage which is a matter of metres away from the retail site, in fact the driver thought it to be part of the site.  The patrol officer could easily have mitigated the loss by informing the driver of their mistake, yet did not. (c)  The parking violation alleged was to have left the site, yet the PCN is for a completely different violation, parking in a restricted area.  The area was not restricted, there were no permits to show or payment to be made, it is a free public car park.  This error was made either out of incompetence or deliberately to confuse me and make it impossible to appeal.  In any case in their WS VCS are alleging a completely different breach of contract that that stated in their PCN and in all their previous correspondence I would point out that the patrol officer will not attend the hearing so I will not be able to cross examine him, and I am confident that neither will the WS author since from research I have carried out I have discovered that neither Ambreen Arshad nor Mohammed Wali (VCS's other paralegal) who always write the company's WSs ever attend hearings, presumably to avoid cross examination.  Its is especially easy to attend on-line hearings during the COVID pandemic as no travelling is involved.   6.  Unicorn Food Tax Easy, copy from Alaska 101
    • Good evening. thank you for the add. I have a problem with returning a Dell laptop within a 14 day cooling off period. I bought it online on the Dell uk website, and it was delivered to me on the 6th of September. I could not set it up because I was stuck at one of the steps (got the frozen screen and I could not get past it waiting for hours for something to happen). Then I contacted Dell Technical Support. I spent over 4 hours with their advisors on the phone and whatsapp and they could not help me to resolve this problem. So there seems to be a software( or hardware?) issue and I want to return it. I have tried to arrange a return thru the Dell website by picking the date, however, I did not receive any email confirmation of this and nobody showed up on the day. I phoned and emailed and they said I could not return it. Earlier this week I have contacted both their customer service and complaints emails with no success. They are not giving me their returns address. The guy in the 2nd email was trying to offer me a £130 off voucher but never got back to me with the returns address in the UK. I have used the Resolver  site yesterday to write another complaint quoting Dells own returns policy as well as the Comsumer Rights. My return window is running out. What can I do now?
    • FKofilee - thank you we got a fair deal if I am honest due to my daughters mental health issues it was better than I thought I would get because as was correctly pointed out to me as long as she is out of the toxic environment with a reference that is better than trying to prove bullying etc.    At least now we can move on.   To everyone, thank you for the comments about the reference think it was just the over protective Dad in me, I do not want any one to think ill of my daughter as her issues were caused by abusers who told her if she told me I would end up in prison not them which is something I will always feel guilty about as she suffered in silence. She knew I would have taught them that some people are capable of hitting back and may well not have stopped at simply giving them a taste of their own medicine. Unfortunately as a father of three girls I have found out the hard way I can not protect them from everything but we try to turn the page and move on.
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banks fault dd failed! bank charges


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my husband has a regular dd which comes out on the 19th of each month, we have been really carefull to make sure money is in for this dd to stop getting charges ect. this month the 19th fell on a monday, on the friday (16th) we went to draw £10 out and we were over the limit! the bank had taken the dd early. we called the people who we pay dd to and they didnt ask for it early and sugested we talk to bank.

we looked online and it showed the payment had come out but it had mondays date next to it so we assumed we wouldnt get any charges on the account as more money way being paid in on the monday.

but we did getg charged £30, went into bank today and they insited at first the payment hadnt come out till monday and when we showed the printout with fridays date showing the dd had already come out she said that all dd payments had to be proccessed 24 hours before they were due to go out! and if a dd was due on monday the funds had to be cleared by 5.30 pm friday.

surely if this was the case the due date for a dd would have to show that date?

any advise please

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Hi Binkhus


Firstly what time did you draw £10. If it was after 6.30 pm it would automatically be showing automated transactions for the next working day ie the monday, but with mondays date.


The charge you recieved was it for return of DD or overlimit charge. If it was overlimit charge you would have had until 6.30pm on the monday to get funds into the account. If it was an unpaid item charge, Barclays T&C's clearly state that funds have to be available the previous working day.

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we couldnt get the £10 out! on the friday we had £45 in bank and the dd was due on monday for £55 but bank took it early so on friday we had no money and we were overdrawn at bank then they charged us £30 too.

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Hi Bink,


Your best bet, by far, is to go back to your branch and demand (politely) that the Penalty Charge be refunded at branch level as they have the discretion to do this. Insist on speaking to a branch manager or write to him/her to get refund.


If they refuse, you can take court action to recover this but it's a lot of faffing for one charge.


More importantly, make sure you understand HOW this happened so you can avoid it happening again.



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they are going top refund it but im still mad that they can take money 24 hrs before its due...... oh and it take 48 hrs for them to refund the charge.

total joke that they can do this sort of thing, the banks just make the rules up as they go along.

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I know it seems unfair that they can take the money out instantly but you have to wait to get it back :(

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)


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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Do you bank online?... what date is the dd showing on the statement. Providing its showing as the 19th and you had sufficient funds in the account by the close of play on the 19th you should not have recieved the paid referral fee. Paid Referral is basically an overlimit charge.


If you can prove that simply take your statement into the branch and say "look we were inside our limit, the dates prove it"

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Yeah the date said the 19th but the woman at the bank said the money had to be in by 5.30pm friday (16th) or they could charge us! i looked online on the 16th and the money had already gone out but the date it showed was the 19th. i mean she eventually said they would give me the money back as a gesture of good will but they had done nothing wrong! iv never heard of this 5.30 the previous day thing.

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The previous day thing does exist, unfortunately. A Paid referral fee relates to being over your agreed limit. If you were inside your limit on the dates shown on your statement then you have been charged incorrectly. You indicate that they offered to refund the charge, have they?

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