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    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
    • RE: EC261 Compensation   It's normal they won't have asked you to contact them . Your initial rescheduling was obviously done by a bot - and there was no human to notice the mistake, as far as the bot knew your scheduling was perfectly normal so there was no need to ask you to contact them.   As long as that was done 2 weeks in advance the carrier's liability to notify you is fulfilled.   (You could have contacted them there and pointed out that the new schedule was impossible. Unfortunately you didn't. Claiming you didn't notice is not likely to work in your favor)   The bot who sent you the 24h confirmation didn't notice the mistake either, obviously.   At some point a human or another bot finally identified the problem and that's when they called you. As far as they are concerned neither you nor them had noticed the scheduling mistake and they took it on them to notify you so you don't have a bad surprise when you try and check in.   However as far as I know, neither flight was delayed or cancelled. You could have taken both flights, if you had the power to be in two places at the same time.   So I don't think there is any scope to claim for EC261. But claim forms are free so feel free to try.     Then, you can certainly make an old fashioned claim (directly to BA)   What could perhaps play in your favor:   It's the carrier's responsibility to ensure that they don't sell you a ticket where the flyer cannot meet the minimum connection time or MCT.   This situation mostly applies to situations where the flyer doesn't know and gets caught. For example say you connect at LHR and you are given 35 minutes to connect. This may look just fine to an unsuspecting tourist, but in reality there is practically zero chance to make the connection, therefore the airline is liable here for selling you this ticket resulting in you missing your connection   In your case though it could be argued that even an unsuspecting tourist should be able to tell that it is not possible for them to depart 5 minutes prior to disembarking and therefore that you should have checked your notification more carefully.   The fact that the bot allowed such a glaring mistake to happen is certainly an argument in your favour shall you decide to make a complaint.     What doesn't play in your favor:   The airline obviously did their best to get you to your destination as soon as they noticed their mistake. They offered you more than one alternative (the first alternative would have got you in time at your destination, but you declined) and you then accepted another alternative, and fully travelled the ticket. That is a very strong position for them.     What did you lose and what do you intend to claim for?   You took the overnight connection so obviously you had to stay at an airport hotel. Is that correct? Did you keep the receipt for your hotel and meals?   You certainly should have asked them on the phone when negotiating your re-route that they provide a hotel. Within 20hrs of the flight it's something they would most probably not have denied to you (but airlines will generally avoid offering off the bat. Why lose money when a customer is just going to roll with it and pay for their own stay anyway, right?). After the fact it's going to be a lot more difficult to claim.   I do certainly think it would be reasonable to try and write them a polite but firm letter to claim for that. Not 700 euros, not damages and hardship and all that jazz, just the extra expense you incurred following a scheduling mistake that they made (that should have never happened) and that they didn't notice until way too late in the day , with your categorical inability to leave 3 hours earlier (you had very important business meetings or something critical, it certainly wasn't just convenience) and the extra costs incurred, and asking that they kindly provide compensation for the hotel and meals, which you feel it was their duty to offer you and you are politely disappointed that they didn't, and thafully you happen to have kept all the receipts. Put Alex Cruz on copy for good measure.   No guarantee but I feel it has a fair chance of success. Most probably you will be offered a heap of Avios instead of cash. It's then up for you to decide whether you want to accept that. Personally I wouldn't bother going further, but that's just me. See if anyone here disagrees, and do let us know what you decide and keep in touch with how it went.            
    • Well done El21.   You put a lot of time and research into that WS which paid off.   Funny that the Judge only mentioned that the NTK was  not compliant with regard to the time period but not query that you had not breached their T&Cs so never liable for a PCN in the first place.   Pity that since had the Judge thrown out the case you would have a great chance of claiming several pounds from them through a breach of GDPR.   I have used that time period argument before as the reason for the NTK being non compliant and it hasn't been mentioned by the Judge  so you have to put everything in to your WS since the Judge only has to pick one of the  points in your favour to throw out the case. 
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Kent Parking Services


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Hi guys,

 

KENT PARKING SERVICES fined 2 of my mates just over a year ago for parking in private land, where a permit is required (NHS Land). The PCN is not that technical but states that photographical evidence was taken and the fine was something like £85 (So £85 X 2).

 

They had 7 days to pay, they forgot and so rang up and the guy was like if I receive it tomoroow it is OK if not I will send baliffs round immediately bla bla.

 

Having been on this forum I have come to relasie this can be a [problem].

I looked up their website last year at the time and it was a load of crappy, it was a shabby website looked so crap. I looked now and they have amde it look so professional.

 

My mate paid for both fines with one cheque, and he asked for a receipt and it was not sent. He then asked again and it still was not sent and so they have no receipt to say they paid.

 

What do you guys think?

 

Cheers

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The first part is definately a [problem] - only courts can send bailiffs around.

 

Your mate does have a receipt in the form of his bank statement.

Sounds like a total [problem]. Typical PPC.

 

In theory your mates could make a claim for restitution against these idiots on the ground that this is an un-enforcable penalty charge.

 

First step would be to write to them giving them the option to pay. The next is file proceedings at the County Court for the amounts involved. Obviously you need to give a reasonable amount of time for them to pay up (14 -21 days) before filing.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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So do I write and say in connection with this PCN which I paid for over a year ago......I want my money back. On what basis??

 

Shall I show you a copy of this PCN?

 

Essentially you would need to say that you paid the money in good faith in belief that the amount was legal. You now have advice that the amount involved does not constitute damages but was in fact an illegal penalty charge. Cite Dunlop Pneumatic Tyre Co. Ltd. v. New Garage and Motor Co. Ltd. (1915) as a reference.

 

 

If there is any charge for the car park then their damages would be the daily amount at the time and anything over and above that would be a penalty.

 

The Private Parking Charges Guide also raises some excellent arguments that would also provide basis for a claim. Unfair Contract Terms etc.

 

You could conceivably add on interest for the time they have held your money (normally the courts allow 8% pa.).

 

Give them 14 days to pay. If they don't respond give them another letter giving a further 7 days grace and then file a claim the MCOL (Money Claim Online). Send everything recorded delivery to the registered office of the business.

 

The timer runs once they have received the letter.

 

I can't guarantee you'll win if you go to court but I'd say you'd have a fair chance. Certainly some of the legal experts would help you prepare a case.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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Thanks for that, but i do not understand the following;

 

''If there is any charge for the car park then their damages would be the daily amount at the time and anything over and above that would be a penalty.''

 

What do you mean?

 

Thanks

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The amount they are entitled to is whatever they charge per day to park there so if it's £5 per day and you got asked to pay £85 then £5 would be the damages that they are entitled to (think of damages as loss, as in loss of revenue) and anything over and above this daily rate would be a penalty that YOU DO NOT HAVE TO PAY.

 

Mossycat

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Private parking is a contract between the driver of the vehicle at the time of parking and the land owner (or their agents). They agree to let you park there you accept their charges, you agree to pay for that and park there.

 

You have a contract with them, however some private parking companies apply a disproportionate fee when you overstay or otherwise infringe their rules, this is what you do not have to pay because of a long standing case (Dunlop). What they are asking for by way of the penalty charge (in this case £85) is unenforceable and laughable, they know if it goes to Court they will lose (see Excel parking threads) so they rely on people paying up out of ignorance or fear (usually of their empty threats or because they made their documentation look legal or sound legal).

 

You only owe them what it would have cost you to park there in the first place and nothing else.

 

Read pin1onu's advice and follow that if you want your money back

 

Mossycat

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  • 4 months later...

AL27 if you read above, you will see that my mates have already paid £170!! lol.

 

So now it is a case of claiming back all the money...

 

I will scan it asap and put it here.

 

Are there template letters for me to send?

 

thanks

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Oops!

 

I'm not sure there's a template, but seeing the PCN and signage would be useful.

 

Bear in mind this is merely a hoop you have to jump through - you need to tell them to refund you within 7 days or you will go to court. Of course, there's no chance they'll refund you, but you need to start the ball rolling with a letter before action.

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