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    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
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Phone call from hsbc Collections!


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Collections are like a dodgy loan shark I think theyre comming to break my legs

 

I have a hsbc student account where the overdraft limit is -1500, and its maxed out.

 

Ive been letting it sit there for a while until im ready to pay it.

 

Infact it was -1560 (i thought i was under the limit) and i received a call from collections asking for a payment, they were very pushy and kept asking me the same question "HOW MUCH ARE YOU ABLE TO PUT IN" I kept saying 60, but she kept asking for more. Eventually my battery ran out on my phone so I just paid the £60 and thought that would be the end of the persistent calls every 10 seconds...

 

interestigly, today I was phoned again, saying they had received the payment and were wondering when I would put more in. I said whats the problem since I am within my allowed limit now. He kept asking how I plan to pay it off and when. I told him not to worry and said i will. He then asked why my student loan handnt gone in so i told him I dont have one anymore.

 

He kept probing further into how i support myself etc but I was evasive because I didnt want to get onto the subject, since I have a job. Also The account was set up for a 4year period since i was planning on a masters but I cut it short after 3 so im no longer a student.

 

The result of it was he probably thought i was some kind of drug lord since when he asked who supports me I just said I didnt want to discuss it and he was very suspicious. I also toyed with the idea of telling him id won the lottery(hah)

He was then asking about my other accounts and I just said I dont need to tell you that.

 

So my question is what can they do? I feel like have probably flagged me up for investigation haha will they try and find out that I have a job? And is it illegal of me to have said i dont have a job to them?

 

Also if i did pay a bit into the account ,say to make me -1000 in credit, are they within their rights to reduce the overdraft to 1000? effectivly not allowing me to use those funds if need be?

 

Thanks for your time!

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Hi Island 44 , welcome to the forum :)

So my question is what can they do? I feel like have probably flagged me up for investigation haha will they try and find out that I have a job? And is it illegal of me to have said i dont have a job to them?

 

It's none of their business where your money comes from, but if your employer pays it into your account they'll know the source ..... if you're paid in cash , let them wonder ........ :rolleyes:

 

Also if i did pay a bit into the account ,say to make me -1000 in credit, are they within their rights to reduce the overdraft to 1000? effectivly not allowing me to use those funds if need be?

 

Have you considered opening an account with a completely different bank for your everyday income & expenses, without going overdrawn ... that way HSBC can't use any money coming in towards the O/D if they arbitrarily reduced the amount , as they have been known to do .....

this link might help:

 

Parachute Account

 

http://www.consumeractiongroup.co.uk/forum/general/13832-do-you-need-parachute.html

 

 

Then you can just pay them what you can afford to reduce the O/D at your convenience ....... if you can demonstrate that you are reducing it systematically , then they can't chase you too hard for it .... although they'll probably try ......... ,

You also don't have to deal with them over the phone if you don't want to - they just use it to bully people.... tell them to put everything in writing and make sure you keep the correspondence safe, with copies of your letters to them .........

If you need more info just come back and ask , someone will answer , and we're a friendly lot on here :D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Thanks, thats very helpful.

 

Yes, I have a different account where all my money goes (non-HSBC), I was going to pay it off at my convienience but they began to phone me and talk quite agressivly down the phone.

 

I could put a fair amount of money in right now, but if they suddenly reduced the overdraft amount it would mean I'd "lose" the ability to use that money if an emergency came up. That is why I feel safer when it is in credit on my non-HSBC account (naturally).

 

My aim was to save up and pay it off in one lump. However they told me I must make payments every 90 days to keep it active, but how much we would not disclose. I suggested I make £1 deposit every 90days to test him a bit, he said it was un acceptable, but he then cut off the conversation quickly when I began probing what the minimum I could do was to get them off my back.

 

The only remaining issue is that im currently entitled to another year interst free OD , since they think im still a student, but im not, can they "get" me for this? hah

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I have to say HSBC seem to be good at this 'harrassment' issue. I have been keeping a diary as suggested on here and then I will write to them to tell them to communicate by letter only. Not really sure how you stand with a student account, but I would imagine that even if you pay a large sum of money to the account, they will probably notify you that you can't use the account anymore. Don't take my word for it, but they seem to be able to do whatever they want atm!

Also another suggestion is to go down the Citizens Advice route and sort a payment plan, eke the payments out.

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I have to say HSBC seem to be good at this ' if you pay a large sum of money to the account, they will probably notify you that you can't use the account anymore.

 

Really would they do this? I didnt think they would since they want me to use the account it seems, "There must be Regular activity" i think the term was. Or has the fact its gone to collections mean my account is flagged as "lets screw this guy over"?

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Again, I'm no expert as I am having troubles with said bank... ours is in dispute due to separation so it might be completely different. Hopefully someone else on here with wider knowledge can help:confused:

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