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    • You're absolutely correct.  I was stopped by an officer who actually looked like a pig.  He tried to give me a verbal NIP but couldn't' quite remember it so helped him out.  (I am an ex Police Officer.)  There was therefore no need for a written follow up.   I did actually guess that he would screw something else up and so it proved.
    • I have looked at your WS and you make some very good points with just a couple of things that would be better moved around.   Under your Sequence of Events  at 4.4 you move on to relevant contracts which needs a sector on its own. Also you should make the point that as the Privacy Note was obviously a Note To Driver, the PCN should not have been sent within 14 days but after 28 days.  This was  an underhand attempt  to thwart PoFA by bringing forward the liability for payment but means instead that they issued an  NTK  which cannot transfer liability to the keeper.   Then move on to Relevant Contract which you have  already quoted the PoFA guidelines. include that there are two property companies included both of which therefore should have signed the deed. In addition the two property companies and VCS should have been  signed by directors and their names and position identified.   The deed also required that the signatures be witnessed and named and should not include any director that had already signed the deed. Furthermore neither property company appears to be the actual land owner.   Strict proof is needed as to who is the landowner and also the link that allows the other two companies to sign on behalf of the land owner. So VCS have no Locus Standi until the landowner is provided and the connection with the two property companies is proved.  Under PoFA their needs to be a contract between the land owner and VCS which governs the behaviour of the motorist. Without that deed, there is no contract with the defendant.   As an aside you may have seen on the boundary map that Headford property described themselves as the "lawful Occupier". This does not necessarily mean that they are the land owners they can be tenants just as easily. https://www.lawinsider.com/dictionary/lawful-occupier I would be inclined to take that definition with you but not include it in your list of documents.   You have already covered points 5 and 6 so there is no need to repeat. And no need to include Bye laws since there are none.   7]  You can delete all of this as you did that now on 4.6 or 4.7 and there is no need to include Excel. They have no signage in the car park and the Privacy Notice doubles up as a notice from excel and vcs but you will notice that only vcs is ticked on the privacy notice. And remove 7.1 as well.   8] you do not know that the first PCN came from excel. I suspect that the mixup on the Privacy Notice caused you to think that and as you threw away that PCN  you are on a sticky wicket accusing them.   On 4.6 you can include that VCS do not have planning permission for their signage and cctv cameras which is a legal requirement under Town and Country {advertisements] Regulations 2007. Without that permission they do not have the right to erect signs nor install cameras which puts them in breach of their COP where you can include Lord Neuberger's thoughts on the right to use the DVLA when they are not compliant even with their COP never mind the Law.   When their WS arrives please post it up so that we can see where they have gone wrong and correct it so the Judge is not misdirected.   By the way, I have seen the VCS contract but not the original PCN. If you have it could you please post it up as there may be other ways in which it does not comply with PoFA.
    • I'm sorry but I asked you a number of questions and you haven't addressed any of them. For us to help you, you would need to give us the information we ask for
    • they seem to be disregarding that and only focussing on the point that the agent, when I asked for a PAC, did not note that I had said the contract change would affect me.   thank you
    • Thread locked for now, as it would be a shame to waste a lovely Summer afternoon moderating a political argument.   Agree that it would be best if everyone refrained from using inappropriate language.        
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The Banking Code 2008 extracts. -j


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The Banking Code of Practice

 

 

We did have a fully linked version here but the British Banking Association has required us to take it down.

We regret this as it would have given greater accessibility to the Code and also it would have been easier to use than the BBA's own website copy which you can find here:-

 

BBA – British Bankers' Association - Banking Code

 

 

We will carry on to carry short extracts which are allowed to do under the Copyright Designs and Patents Act.

 

 

[break=Credit reference agencies]

Credit reference agencies

13.5 When you open your account or apply for a card, we will tell you when we may pass your details to credit reference

agencies and the checks we may make with them.

13.6 We may give information to credit reference agencies about the personal debts you owe us if:

 

  • ·you have fallen behind with your payments;
  • ·the amount owed is not being disputed; and
  • ·you have not made proposals we are satisfied with for repaying your debt, following our formal demand.

13.7 In these cases, we will give you at least 28 days’ notice that we plan to give information about the debts you owe us to credit reference agencies. At the same time, we will explain the role of credit reference agencies to you and the effect the information they provide can have on your ability to get credit.

13.8 We will give credit reference agencies other information about the day-to-day running of your account if you have given us your permission to do so.

13.9 If you ask, we will tell you how to get a copy of the

information that credit reference agencies have about you, or their leaflets that explain how credit referencing works. You should contact the customer service teams at the following organisations:

Experian Ltd Equifax Credit File

PO Box 9000 Advice Centre

Nottingham PO Box 1140

NG80 7WF Bradford

www.experian.co.ukBD1 5US

Callcredit Plc

PO Box 491

Leeds

LS1 1WX

www.callcredit.co.uk

We may also ask you to give your permission to use the information held by credit reference agencies to check identity for anti-money-laundering and fraud purposes – this does not affect your credit history.

Edited by BankFodder
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