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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • 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.  
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Whitey1987 V Natwest


whitey1987
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Hello,

 

I sent my preliminary letter off to NatWest on 1st August, it was received on the 2nd and I've received a reply today offering £38 as a 'goodwill' gesture. However, my claim is for £76 and so I will be trying to reclaim this amount from NatWest.

 

I have been looking at the site and can't seem to find a template that is specifically for people who have been offered part-compensation after their first letter...if anyone could point me in the direction of such a letter template that would be great.

 

Thanks

Steve

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This is what I sent: Got it from the library; LBA leter

Good luck

NatWest Bank

P. O. Box No. 253

740 Waterside Drive

Aztec way

Almondsbury

BS99 1AA

 

12th July 2006

 

Your Ref:

Case Ref:

Acc No:

 

Request for repayment of charges

 

Dear Sir/Madam,

Thank you for your recent offer of £ as a gesture of goodwill, I must inform you that I will not be accepting this offer. As outlined in my earlier correspondence I explained that the charges you have applied to my account are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Further or in the alternative, I believed that your charges are a Penalty.

 

I am informing you that I will start legal proceedings within 14 days, I would like to take this opportunity to inform you that a claim will been filed with the county courts, and as a subsequence court costs and interest pursuant to S69 of the County Courts Act 1984 at the rate of 8% per annum, have been added to the original amount.

To stop any further costs being incurred it is in your best interest to refund in full the revised balance of £ forthwith.

Yours faithfully,

Enc. Charges with interest

 

c.c. NatWest Registered Office

135 Bishopsgate

London EC2M 3UR

Hunbun;)

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OK thanks.

 

Right..I think I'm all set to send my second letter off to NatWest. The first letter was sent to my account holding branch, I received a response from the branch but it was from a specific member of staff. Should I send the letter to the member of staff or just send it to the branch as I did with the first letter?

 

Thanks

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  • 3 months later...

Hello everyone,

 

I am pleased to say I was successful with my claim against NatWest bank earlier this year. After sending the letter before action I received a full refund of charges against my account.

 

As a student sometimes I don't always have money in my bank account and a debit of £34 was refused by NatWest, the money to pay the debit was in the bank 3 days later (max), as I said however the bank did not pay and instead made a charge of £38 to my account.

 

Obviouslly I feel this is unfair and cannot believe that they appear not to have learnt from prior mistakes. My question though, is if I can/should claim again for this unfair charge, I know it may be seen as 'only £38' but for a student that's a hefty chunk of valuable cash.

 

Anyway, to cut a long story short, I don't know whether I am now legally entitled to claim again for this new charge, after being refunded for the old charges earlier this year. When I got the letter earlier this year to say NatWest would refund my money, they did say they wouldn't entertain future claims for charges. Although I did not sign anything agreeing to this, or send a letter of acceptance back to them, they just refunded the money and this stipulation was an assumption of theirs.

 

Any help much appreciated. Thanks

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Thanks for your response. Would anyone else take Tomasz's view on the topic?

 

Also do you think I should incorporate the fact that I have been charged before and successfully claimed charges back into my letter or not?

 

Thanks again

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