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    • Yes it will be straightforward – but you may as well give us better information so we can check that everything is in a row. What was in the parcels? When were they sent? Was the value correctly declared? I understand you had insurance.   Have you been formerly declined compensation? If so then what was the reason given?   Also, you need to spend some time reading up on the Hermes threads on this sub- forum so that you understand the way it goes. It is pretty well always the same. It's essential that you understand the steps and so it is essential that you do the reading. In addition to answering the questions above, please confirm that you have done the reading or the you will be doing it.
    • In order for an NTK to be compliant it has to comply with PoFA. If it is not compliant then the keeper cannot be held liable for the PCN.  I have included the wording from S8 though  s9 is identical in the part I have copied below. You will see that at the beginning  "The Notice  'must' " which in Law means the wording  is to be stictly observed (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; (c)state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph 7(2)(b), (c) and (f); (d)if the unpaid parking charges specified in that notice to driver as required by paragraph 7(2)(c) have been paid in part, specify the amount that remains unpaid, as at a time which is— (i)specified in the notice to keeper, and (ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4)); (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges; or (ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver; (f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given— (i)the amount of the unpaid parking charges (as specified under paragraph (c) or (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; (g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available; (h)identify the creditor and specify how and to whom payment or notification to the creditor may be made; (i)specify the date on which the notice is sent (if it is sent by post) or given (in any other case).   If you compare that with the NTK you weresent you will see that your one does not include  "   (if all the applicable conditions under this Schedule are met) " Your NTK also states that if you don't pay the £100 that you will be liable for debt collection charges up to £60. this contradicts section 4 of PoFA where it covers the right of the parking crooks to pursue motorists [5] (5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).   So their NTK is non compliant in two places.    In any event Ambreen is wrong to declare that if they cannot pursue the keeper than they can assume that the keeper was the driver. The court will not entertain that idea -VCS need to provide strict proof that the keeper is the driver. So despite Ambreen claiming that they can proceed against the keeper she is wrong. [17,18 and !9 of her WS]. They quote Parking Eye v Beavis   [22] which is irrelevant since that was a free car park and yours is a residential parking space covered by a lease which VCS cannot overturn.    
    • I can't remember if we mentioned that Door Matt was offered a job as UN envoy to help Africa to recover from Covid.   According to several people on Twitter, the UN seem to have read the joint select committee report on the UK's handling of the pandemic and withdrawn the job offer.
    • Everything that you think you might need during the hearing – you have to disclose in advance to the other side. If you're making allegations of false representation then he has to have a chance to know about it in advance so he can then consider his position and decide on his responses. On the other hand, you disclose this evidence but you don't need to disclose in advance the comments you are going to make about it. So you don't need for us to say that this is a false representation. You simply need to include documents which show the website et cetera. He may ask himself why on earth are these documents being disclosed – but he will have to wait until the hearing in order to discover that. We are going back once again to the beginning where it was a shame that this wasn't included as a head of damage. It would have been extremely serious and the damages available to you would have been far greater.
    • pers id just pay it before you lose the discounted period.   i gave you a link to read earlier with lots of cag threads about that place... if you've not read those threads nor understand what numerous people have already followed here, then the above might be your best action.   dx  
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Adam v Barclaycard


*Adam*
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About to start my claim, sending off DPA letter today. Let's see how evil Barclaycard are this time ;)

Barclaycard:

Data Protection Act sent 4/8/06.

Information received 15/8/06

LBA Letter sent 16/8/06 - £540

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Hi Adam,

 

Nice one, lets us know how it goes. Keep us updated, and good luck!

 

Libertie:)

______________________________________________________________________

Halifax prelim 23/5/06, LBA sent 31/5/06, moneyclaim 27/6/06, Halifax intend to defend, halifax paid up!19/7/06:D Donation made.

Amex prelim 22/5/06, LBA sent 5/6/06, Final LBA sent 9/6/06, settled 30/6/06:D Donation made.

Barclaycard prelim 26/5/06, LBA sent 9/6/06......to be contd

HSBC prelim sent 6/9/06, LBA sent 19/9/06, MCOL 12/10/06....

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Do they have to acknowledge receipt of Data Protection Act letter?

Barclaycard:

Data Protection Act sent 4/8/06.

Information received 15/8/06

LBA Letter sent 16/8/06 - £540

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No - as long as they reply with the info within 40 days. I'd send all your letters by recorded delivery and then they can't claim it got lost in the post.

_________________________________________

Alliance & Leicester MBNA Credit Card

Data Protection Act letter sent 3 July 2006.

Incomplete list of charges received 12 August 2006

Requested repayment of charges 10 November 2006

LBA sent 24 November 2006

Estimated £4650 in fines and interest.

Barclaycard

Data Protection Act letter sent 3 July 2006.

Incomplete statements sent 9 July 2006

Requested repayment of charges 14 August 2006

LBA sent 30 August 2006

Estimated £468 in fines and interest.

Initiated claim at MCOL 20 September 2006

Claiming £615.47 including fines & interest, s69 interest and costs

Claim acknowledged 10 October 2006

Defence filed 20 October 2006

Settled in full £640 total. 14 December 2006

Vodafone

Requested Default Notice removed 10 July 2006

Received letter agreeing to request 10 August 2006

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Sadly, I didn't send it by recorded delivery. I did, however, send them a cheque, so if that goes out then I suppose that's my proof...

Barclaycard:

Data Protection Act sent 4/8/06.

Information received 15/8/06

LBA Letter sent 16/8/06 - £540

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They didnt cash either of the cheque's I sent

[FONT=Book Antiqua][SIZE=1][COLOR=purple]Barclaycard 1 - MCOL sent 1/9/06 £432.29[/COLOR][/SIZE][/FONT] [FONT=Book Antiqua][COLOR=#800080][SIZE=1]Barclaycard 2 - Data Protection Act [COLOR=purple]sent 2/8/06[/COLOR][/SIZE][/COLOR][/FONT] [FONT=Book Antiqua][COLOR=darkred][SIZE=1]Capital One 1 - Prelim sent 28/8/06 £916[/SIZE][/COLOR][/FONT] [FONT=Book Antiqua][SIZE=1][COLOR=#8b0000]Capital One 2 - Data Protection Act sent 2/8/06[/COLOR][/SIZE][/FONT] [FONT=Book Antiqua][SIZE=1][COLOR=red]Marbles - MCOL sent 30/08/06 £1225.23[/COLOR][/SIZE][/FONT] [FONT=Book Antiqua][SIZE=1][COLOR=seagreen]Black Horse - Data Protection Act sent 4/8/06 cheque cashed[/COLOR][/SIZE][/FONT] [FONT=Book Antiqua][SIZE=1][COLOR=deepskyblue]CitiCards - Data Protection Act sent 4/8/06 cheque cashed[/COLOR][/SIZE][/FONT] [FONT=Book Antiqua][SIZE=1][COLOR=magenta]HFC - SAR sent 5/9/06[/COLOR][/SIZE][/FONT]

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Hmmm...maybe I should cancel the cheque and send the letter again, this time via recorded...

Barclaycard:

Data Protection Act sent 4/8/06.

Information received 15/8/06

LBA Letter sent 16/8/06 - £540

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It was a good job I didn't, as I had a letter through the door today with all my information from May 2004.

 

Now, time to send the preliminary. This time, I WILL be sending it recorded delivery.

Barclaycard:

Data Protection Act sent 4/8/06.

Information received 15/8/06

LBA Letter sent 16/8/06 - £540

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