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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Drummy V RBS


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Hi Guys

 

Ok I sent off my letter asking for statements going back 6 years (without payment), for the bank to react. Today I received a letter from my branch (Birmingham) stating that they only keep records for 12 months and will incur a £5 charge for statements. Has anyone encountered this before?

 

Any suggestions on the best way of answering this? I was thinking of replying by saying that, I understand that the RBS does in fact hold records for 6 years and that under the terms of the DPA I am entitled to see the data I requested at a charge of £10 (and include the cheque in the letter), and that if the Bank does not provide the information I require then I intend to report it to the Information Commisioner.....would that sound like a fair response?

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The reason they have said you must pay £5 is because you asked for copies of your statemenst and yes, in that case, they can charge. The best way of getting all the information you need is to use the DPA request. That way it is a maximum of £10 and can take up to 40 days to come through. Use the template in the FAQ section, it has all the relevant information on it.

 

Good luck.

Pam.

 

If anything I've said helps you then please feel free to tip my scales!

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Hi Pam

Didn't word the first post very well. It wasn't statements (in fact I didnt use the word Statement in my letter to them) I asked for details of all default charges for Od's and unpaid DD's over the last 6 years as a DPA request and the response I got was sorry we only keep them for 12 months, which I suggest is a delaying tactic. What I was driving at was whether anyone knew how long they are obliged to keep your details for, as I don't believe 12 months is correct.

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Ok this is the letter I send (thanks to the "templates people")..Can anyone see anyfaults, in the first paragrpah, which is specific to me.

 

 

Dear Axxx Pxxxxxx

 

 

ACCOUNT NUMBER: 1xxxxxxx

May I take the oppurtunity for a very prompt response to my initial enquiry, dated 30th June 2006. However it is my understanding in conversation with fellow Royal Bank of Scotland Customers that the Royal Bank of Scotland does indeed hold the details I requested.

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation for the previous 6 years. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

 

 

 

 

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  • 1 month later...

My 40 day limit expires in a few days, to which I have reminded the bank by letter. Unfortunately I go on holiday in a couple of days. I just hope that the documents have a arrived by the time I return. Has anyone had to complain to the Info Commissioner before and what action follows after it?

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Hi Drummy,

 

I believe the 40 days is from when they receive payment, so just to check this is the date your counting from?

 

I think several people have reported to the Information Commissioners and if you do a search on the forum you should be able to find out a bit more.

 

Stacy

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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  • 3 weeks later...

Well I just returned from holiday and still no statements (although the cheque has just been cashed). Methinks a phone call to the bank tomorrow? Has anyone else experienced this?

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