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    • 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.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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RBS Credit Card Charges Reclaim


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Guys,

 

I've been trying to get back £311.97 - £240 in unlawful charges plus £71.97 in interest incurred as a result of those charges - from BoS.

 

After the initial brush-off, they offered me £120 and then £240, which I politely declined.

 

These charges concerned a credit card which I have not used since November 2001 and which, as far as I was concerned, had been fully paid off. Certainly, I have received no correpsondence of any sort for the best part of five years.

 

I rang BoS last week to offer them one last opportunity to pay in full before I initiated a court claim and was told that I had never settled the account; that there was a debt of almost £1,000 outstanding; and that they were on the point of selling it to a third party.

 

Unfortunately, I can't find anything to prove that I settled the account - I fear it may have been done by an ex-girlfriend, with whom I am no longer in contact, on my behalf - which, I appreciate, doesn't leave me in a particularly strong position.

 

Be that as it may, I was certain this account had been settled and am more than a little suspicious that were that not the case I would have heard from BoS before now and/or they would not have waited very nearly five years to sell the debt to a third party.

 

Any thoughts/advice gratefully received.

 

Fred_Funk

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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First thing to do, then, is to send a SAR. Make sure you include a sentence in there to say that even while you await for them to fulfill your SAR, account is now officially in dispute and as such you expect them not to pass it to DCA. Take it from there once you have your statements.

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Bookworm,

 

Hi! And thanks for the advice.

 

As it happens, the woman I've been dealing with has been more very helpful. She conceded it was a little strange that if there was a debt outstanding, there'd been no correspondence or no attempt to sell it on for nearly five years and has already promised to send me some more detailed info.

 

I'll take a look at this - she said it should be in the post in the next 48 hours -and then send a SAR and accompanying letter.

 

Be that as it may, what do you reckon? Would it be common practice to allow a debt of around 1k to go completley unchased for five years? Seems more than a little odd to me!

 

I can't help thinking it's been settled - maybe even a few months down the road via a debt collection agency - and there's been some kind of cock-up at the BoS end, which, of course, it's going to be very difficult for me to prove after all this time.

 

Fred_Funk

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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