Jump to content


  • Tweets

  • Posts

    • I have never heard of any such law. Please post a link to what you have read online that explains this law. And please confirm whether you were ever married to or in a formal Civil Partnership with your Ex.
    • Today has been hectic so  have been unable to complete the whole thing. If you now understand it and want to go ahead with a complaint to the IPC, fine. If not then I won't need to finish it. But below is my response to your request  on post 64. No you don't seem stupid, the Protection of Freedoms Act isn't easy to get one 's head around at first. The part of the above Act referring to private parking is contained within Schedule 4 which you can find online under the Protection of Freedoms Act 2012. Section 9 of SCH.4 relates to how the parking scrotes have to perform so that they can transfer their right to pursue the keeper from the driver when the PCN is still unpaid after a certain amount of time. In your case the PCN was posted to you the keeper and arrived within 14 days from when they claimed a breach occurred. That means they complied with first part of the Act. The driver at that time was still responsible to pay the charge demanded on the PCN and PCM now have to wait for 28 days to elapse before they can write and advise the keeper that as the charge has not been paid, that they now have the right to pursue the keeper. They claim they sent the first PCN on the 13th March, five days after the alleged breach and it arrived on Friday 15th March. So to comply with the Act they have to observe Section 8 subsection 2f   (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. ---------------------------------------------------------------------------------------------------------------------------------------------So the first PCN was deemed to arrive on the 15th March and for 28 days to have elapsed is when the time is right for them to write and say you are now liable as keeper. So they sent the next PCN on the 12th April which is too early as you could still have paid until midnight of the 12th. So the earliest their second PCN should have gone to you was  Saturday 13th April so more likely on Monday 15th April. The IPC Code of Conduct states "Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses." So by issuing your demand a day early, they have broken the Act, the IPC Code of Conduct, the DVLA agreement  to abide by the law and the Code of Conduct not to mention a possible breach of your GDPR .   I asked the IPC  in the letter on an earlier to confirm that  CPMs Notice misrepresenting the law was a standard practice for all of PCMs Notices or just certain ones. Their distribution  may depend on when they were issued and whether they were issued in certain localities or for certain breaches. Whichever method used is a serious breach of the Law and could lead to PCM being black listed by the DVLA . One would expect that after that even if the IPC did not cancel your ticket, PCM could not risk going to Court with you nor even pursuing you any further.
    • thanks jk2054 - do you know any law i can quote (regarding timeframe) when sending the email as if i cant they'll probably just say no like the normal staff have done? thanks.
    • I lived there with her up until I gave notice. She took over the tenancy in her name. I had a letter from the council and a refund of the council tax for 1 month.    She took on the bills and tenancy and only paid the rent. No utility bills or council tax were paid once she took it over. She will continue to not pay bills in her new house which I'm now having to pay or will have to. I have looked online I believe the police and solicitors are going by the partner law to make me liable.   I have always paid my bills and ensured her half was paid then see how much free money is over.   She spends all her money on payday loans and rubbish then panics about the rent. I usually end up paying it or having to get her a loan.   Stupidly in my name but at the time it was because she was my partner. I even paid to move her and clean and decorate her old house so she got the deposit back. It cost me £3000 due to the mess she always leaves behind.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Rediculous monthly charges.


Gracey
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5496 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

A couple of months ago I lost my job (the venue closed) and since then, I have been receiving Jobseekers Allowance. My situation is tight but the charges that Natwest keep imposing on me are ridiculous. I check my online bank today, and realise that the £4 I have in my pocket has got to last me almost 2 weeks.

 

charges.jpg

 

How can it be deemed fair to charge someone who has an income of £60 a week (from benefits) over £70, and this happens just about every month. I know the £28 charge is for going past my limit, however this only ever happens when other charges are made. The dates in the description of the the charges ~ I have no idea what they mean, there was no account activity on any of those days or +/- 2days.

 

Last month I was given the £28 charge and I didn't even go overdrawn, and luckily for me, said charge did put me over ensuring that it comes again, and again.

 

I think I will walk to my local branch shortly but I'm pretty sure they wont do anything, and I don't know really where to turn. Reading through other people's cases, I see claiming back charges is pretty much a no-go at the moment, I wonder if and how I could put in a claim for financial hardship? I can't seem to see where information is held about this.

 

Any help or advise would be grand.

Link to post
Share on other sites

A couple of months ago I lost my job (the venue closed) and since then, I have been receiving Jobseekers Allowance. My situation is tight but the charges that Natwest keep imposing on me are ridiculous. I check my online bank today, and realise that the £4 I have in my pocket has got to last me almost 2 weeks.

 

charges.jpg

 

How can it be deemed fair to charge someone who has an income of £60 a week (from benefits) over £70, and this happens just about every month. I know the £28 charge is for going past my limit, however this only ever happens when other charges are made. The dates in the description of the the charges ~ I have no idea what they mean, there was no account activity on any of those days or +/- 2days.

 

Last month I was given the £28 charge and I didn't even go overdrawn, and luckily for me, said charge did put me over ensuring that it comes again, and again.

 

I think I will walk to my local branch shortly but I'm pretty sure they wont do anything, and I don't know really where to turn. Reading through other people's cases, I see claiming back charges is pretty much a no-go at the moment, I wonder if and how I could put in a claim for financial hardship? I can't seem to see where information is held about this.

 

Any help or advise would be grand.

 

You have had an advantage gold account. £12.95. Am gonna look at the other charges now because the new terms and conditions have kicked in so am gonna post and get myself in front of those terms and conditions and post again as to what the others are.

.

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

Link to post
Share on other sites

"From 4 April 2009, we will be aligning your charging period with the period covered by your monthly

statement. Your charging period will now end on your statement date. Your statement date is the

date we issue your statement to you, not the date you receive it. The dates on which we deduct any

debit interest, Maintenance Charges and Advantage Banking subscription fees accrued on your

account will also change from this date. These will be debited from your account 21 days after the

charging period in which they accrued or were incurred (or on the next business day if this is a

Saturday, Sunday or Bank Holiday).

For the first month following the change you may be charged any debit interest, Maintenance

Charge and Advantage Banking subscription fee (if payable by you) earlier or later in the month than

usual. The amount you pay is not changing. We are simply changing the date we deduct any

charges or debit interest payable by you."

 

The £12.95 is therefore Advantage Gold fee. If you did change it back then some of it is interest and service charges. The £28 was for being overdrawn in March.

.

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

Link to post
Share on other sites

Thanks for the help, rather than trying to ask for charges back for the last 6 years, or make a financial hardship claim, would I likely be more successful in just asking for the last few months back as I have been on benefit for this period. I'm not really here to make money, I just want to be able to use the weekly money I am given to live, rather than 30% goto bank fines.

 

I'm guessing this isn't something I should do at my local branch, but a letter to one of the addresses at the top of this forum. Are there any standard letters out there for this?

Link to post
Share on other sites

In your situation you are certainly eligible to be dealt with according to your hardship.

It does not mean that you have to make a claim.

Under the March 2008 banking codes there is a requirement that they look sympathetically at your financial circumstances.

You should remind them of this.

Personally I would seek those charges that you have been levied with to be returned,if they refuse then it gives recourse to ask the FOS to do the job for you.

You will need to show that you have provided them with all that they need to give considerations-after you have done that then you have complied with whats required.

Simply making a request for a refund without submitting supporting evidence and reminding them of their duty,is not enough.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Theres guidance for submitting a request for consideration under hardship in the forums,together with an income and expenditure form and accompanying letter.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

If the appeal was not going to happen for a long time,I would have suggested going to the FOS first if NW dont sort you out. But there is expectation of a decision this side of 2009.Filing a claim and getting in the queue since you will have fee remission from Court fees would not go amiss if they dont refund you.

As you say you dont want to go down that route its your choice-but its quite possible that you would achieve a result more speedily given the time that the FOS is taking to deal with complaints.

One guy I am helping is still awaiting the FOS to sort things under hardship after almost 7 months !

Edited by MARTIN3030

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...