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    • Prices had already risen in expectation of action, with Brent crude near a six-month high last week.View the full article
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    • Welcome to the Forum. The PCN must be subject to Bye laws as the warning near the bottom of the PCN does not comply with the protection of Freedoms Act 2012 Schedule 4 Under Section 9 [2][f[] of the Act it should say: (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver ,the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Their version states they are pursuing you as the driver [because of the Bye laws they cannot transfer the liability from the driver to the keeper] even though you are the keeper. Should it go to Court Judges do not accept that the driver and the keeper are the same person. Obviously on many occasions another member of the family may be driving instead of the keeper. Indeed anyone with a valid motor insurance policy is able to drive your car. if any of the three cars were not driven by the keeper they are not liable to pay the PCN only the driver is.  as long as they do not divulge who was driving those lovely people at Alliance haven't a hope of winning against them in Court. What a shame. However while those keepers who were not driving are in the clear all is not lost for the other keeper drivers. Alliance still have to prove who was driving which is difficult providing those keepers do not appeal.  It is quite often that on appeal the keeper may say "I entered the car park at....."  immediately giving away that they were the driver. Plus even if you appeal it won't be accepted as a] they lose £100 straight away and b] mostly all the major car parking companies are dishonest scrotes. In the meantime you will be on the receiving end of threatening letters from Alliance, unregulated debt collectors and fifth, sixth or even lower rated solicitors all trying to frighten the life out of you to cough up. They can all be safely ignored since if you don't contact any of them they don't know who was driving so have no information that the can use in Court to identify the driver. Some time in the future they may send you a Letter of Claim which must not be ignored. Just let us know and we will advise a suitable snotty letter to send them which will show that you are not afraid of them and are happy to turn up in court knowing that you will win. Sorry it was a bit long winded.  
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Cheque Issue


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Hi,

 

I am in the process of trying to clear a lot of debt and I recently sent around 14 £1.00 cheques to various creditors along with a letter to say I could only afford to pay £1 a month. This took me around 7 hours to sort out with the various letters and envelopes to sort out. I've checked my bank this morning and was suprised to see a cheque for £100 had cleared out of my account, along with all the £1 cheques.

 

I visited my local branch only for them to show me a photo of the cheque on their system. In the box in the cheque where you write the amount, it looks as if I have written £100 rather than £1.00. Either I forgot to put a dot (unlikely) or it is just very faint. However, I did write one pound only on amount payable line and the letter clearly states that I only wanted to pay a pound.

 

The bank are saying it is my fault as it looks like £100 and the creditor is refusing to give it back as I owe them more than that. It has left me with no money for the next week and I'm not sure exactly who I should be chasing for this.

 

Does anyone know what I can do? Surely if I wrote one pound only, thats got to count for something.

 

Any advice will be welcomed

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Hi,

 

I am in the process of trying to clear a lot of debt and I recently sent around 14 £1.00 cheques to various creditors along with a letter to say I could only afford to pay £1 a month. This took me around 7 hours to sort out with the various letters and envelopes to sort out. I've checked my bank this morning and was suprised to see a cheque for £100 had cleared out of my account, along with all the £1 cheques.

 

I visited my local branch only for them to show me a photo of the cheque on their system. In the box in the cheque where you write the amount, it looks as if I have written £100 rather than £1.00. Either I forgot to put a dot (unlikely) or it is just very faint. However, I did write one pound only on amount payable line and the letter clearly states that I only wanted to pay a pound.

 

The bank are saying it is my fault as it looks like £100 and the creditor is refusing to give it back as I owe them more than that.

Words and figures do not match so why did the bank accept a cheque for 100 pounds when you WROTE "ONE POUND ONLY"?

It has left me with no money for the next week and I'm not sure exactly who I should be chasing for this.

 

Does anyone know what I can do? Surely if I wrote one pound only, thats got to count for something.

 

Any advice will be welcomed

 

If the words and figures do not match then the cheque is INVALID so either they are going to sort out the cheque or they are going to re credit you £99.

 

Bank are talking utter nonsense. Ask them to sort it out or you can take it to the ombudsman who WILL agree with you.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Or you can take the advice of this forum about the "ombudsman ". Again this is utter garbage and whoever decided to implement it is a fool.

For the most part, don't bother.

The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency.

The FOS is the preferred complaints route for the banking industry.

The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you.

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.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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yet another reason for sending the recommended postal orders .

But still doesn't help the OP get £99 albeit the hindsight of it will be sticking in the throat for every day it takes to sort this problem out.

 

Apologies if it seems harsh but hindsight doesn't sort out the original poster's problem.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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yep you are right, my apologies, V bad day

I can certainly sympathise with you on that score.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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