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    • In answer to your questions yes even though it wasn't called that, it was the NTK. Had it been a windscreen ticket you would not have received the NTK until 28 days had elapsed. In earlier times if the warden was present then a windscreen ticket would have been issued. It nows seems that the DVLA and the Courts don't see a problem  with not issuing a ticket when a warden is on site. A period of parking must mean that ther e has to be a start time and a finish time in order for it to be considered a period. A single time does not constitute a period. I am not sure what you mean by saying it could be taken either way.  All they have mentioned is  the incident time which is insufficient. There are times on the photos about one minute apart which do not qualify as the parking period because they are not on the PCN itself. The reason I asked if the were any more photos is that you should be allowed 5 minutes Consideration period for you to read the signs and decide whether you want to accept them and you do that by staying longer than 5 minutes. if  more  do not have photos of your staying there for more than 5 minutes they are stuffed. You cannot say that you left within the 5 minute period if you didn't , but you can ask them, should it get to Court , to provide strict proof that you stayed longer than the statutory time. If they can't do that, case over.
    • I recently bought some trainers from Sports Direct and was unhappy with them and their extortionate delivery and return postage charges. I tweeted about being unhappy, and received a reply from someone claiming to be from Sports Direct asking me to send my order number and email address by pm, so a claim could be raised. Which I (stupidly) did. The account used Sports Direct's name and branding, and a blue tick.  The following day I received a call from "Sports Direct Customer Service", and with a Kenyan number. They asked for details of the issue, and then sent me an email with a request to install an app called Remitly. They provided me with a password to access the app then I saw that it had been setup for me to transfer £100, and I was asked to enter my credit card number so they could "refund" me. I told them I was uncomfortable with this (to say the least), and was just told to ring them back when I did feel comfortable doing it. Ain't never gonna happen.  I just checked my X account, and the account that sent the message asking for my details is gone. I feel like a complete idiot falling for what was a clear scam. But at least I realised before any real damage was done. if you make a complaint about a company on social media, and you get a reply from someone claiming to be from that company and asking for personal details, tread very carefully.   
    • The good news is that their PCN does not comply with the Protection of Freedoms Act 2012  Schedule 4.. First under Section 9 (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; The PCN does not specify the parking period. AS you rightly say the ANPR times do not include driving to the parking space and then from there back to the exit. And once you include getting children in and out of cars especially if seat belts are involved the time spent parked can be a fair bit less than the ANPR times but still probably nowhere near the time you spent. But that doesn't matter -it's the fact that they failed to comply. Also they failed to ask the keeper to pay the charge.  Their failure means that they cannot now transfer the charge from the diver to the keeper . Only the driver is now liable. As long as UKPA do not know who was driving it will be difficult for them to win in Court as the Courts do not accept that the driver and the keeper are the same person. Particularly as anyone can drive any car if they have the correct insurance. It might be able to get more reasons to contest the PCN if you could get some photos of the signs. both at the entrance and inside the car park. the photos need to be legible and if there are signs that say different things from others that would also be a help.
    • Farage rails and whines about not being allowed on the BBC ... ... but pulls out at the last minute of a BBC Panorama interview special. It was denied it was anything to do with his candidates being outed as misogynists and Putin apologists, or that farage was afraid Nick Robinson might throw some difficult questions at him ... despite farages recent practice at quickly cowering in fear.   It was claimed 'it wasn't in Nigels diary'     Nigel Farage pulls out of BBC interview at last minute amid Hitler row WWW.INDEPENDENT.CO.UK ‘Panorama’ special postponed as Reform UK party faces row over candidate who claimed UK would have been ‘better off’ if it had...   Waaahhhh
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parky V Barclays **SETTLED**


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Hi, all printed off and ready to start the process, but have a question.

 

The letter says 'I calculate that you have taken £xxxx plus £xxxwhich you have charged me in overdraft interest for the sum which you have taken. Total £xxxx'

 

but the notes tell me not to ask for the overdraft interest yet.

 

What do I do? do I calculate the interest owed, put it in the leter but not on the schedule?

 

thanks for your help.

 

E

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The interest you add on the preliminary letter is what you have been charged by Barclays as interest because you were beyond your overdraft limit. Most people dont bother with this. When you get to put in your court claim you then add on 8% interest to all the charges that Barclays have made.

 

Hope this helps - look at 'Rooster' posts as I think he has explained it more fully

 

Spotty

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

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Hi Parky,

Are you talking about Prelim letter? if so you only add interest on if you file a claim (in other words, if they dont refund your charges then take them to court add interest on then 8%) dont add on when requesting refunds at prelim stage. Hope this helps:) Good Luck

LETS ROCK !!!:D :D :D

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The interest you add on the preliminary letter is what you have been charged by Barclays as interest because you were beyond your overdraft limit. Most people dont bother with this. When you get to put in your court claim you then add on 8% interest to all the charges that Barclays have made.

 

Hope this helps - look at 'Rooster' posts as I think he has explained it more fully

 

Spotty

 

Thanks for that. Think it will be a nightmare to try to separate what I was charged cos i was over my overdraft limit, and what I was charged cos i was just overdrawn.

 

Think I will go ahead with just the 'Paid ref fees' and the 'charge for unpaid items'...which ammount to a lovely £1020!

 

Thanks for your help.

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  • 4 weeks later...
  • 2 weeks later...

Dead right!

(there's a template for it in the library)

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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You need to send a private message to a MOD (green guys) they will change it for you. Can i just say to all that read the prelim and LBA letters that state plus interest in the letter it means OVERDRAFT INTEREST if they take you overdrawn from a charge and they also apply interest then you CAN claim that back but only if you go into an unauthorised overdraft. The 8% interest is only done at court stages.

 

Good Luck. You seem like you are doing fine.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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  • 2 weeks later...
  • 3 weeks later...
  • 2 weeks later...

They filed a defence today....I make that a day over the deadline but thats life i guess...moneyclaim seem to have accepted it and it will be 'transferred to the appropriate court'.

 

Bugger.

 

Well, no one ever said it was going to be straightforward, so barclays, if you are reading this....BRING IT ON!!!

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  • 5 weeks later...

Even though the claim was transferred to my local court (Uxbridge), and i filed my AQ in time and all that, I have today received a 'General Form of Order' and the claim has been transferred to the London Mercantile in the Royal Corts of Justice.

 

Is this normal? Can anyone help me understand what is going on? How can it be moved to suit them, when i am the 'injured' party?

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Thanks welshman. No date set yet, just really surprised that after being transferred to me local court, they can click their fingers and get it transferred to a different one.

 

I will await my court date in that case...thanks for putting my mind at rest!

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  • 3 months later...

eparkus,

have you got a date yet for the Mercantile court?

I'm at the same stage now and my local court is Uxbridge.

I was expecting this to happen as I'd looked through other people's pathways from Uxbridge and it all led to the same place - Mercantile!

Ordered Statements: 06/10/06

Statements Received: 11/10/06

Prelim letter posted: 11/10/06

Standard Reply Received: 19/10/06

LBA posted: 25/10/06

MCOL filed 09/11/06

Offer of Part payment letter received 09/11/06

Rejection letter sent to Barclays 13/11/06

Amendments sent to MCOL 21/11/06

Sealed claim received from MCOL 25/01/07

Claim received by Barclays 29/01/07

2 weeks to defend - deadline 13/02/07

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Hi Eparkus, the bank havn't had this transferred to Merc Court, it is something the courts are doing because they are fed up to the back teeth with the banks not settling straight away and wasting courts time. The is absolutely no way that the bank wants to go to Merc court as this court can set a precedent - so don't worry, your money is virtually guaranteed now ;-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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  • 2 weeks later...

Hi all,

 

Forgot to post on this thread (though did on the settled cases thread so the money gets added up!) that they offered the full cash back before the court date, and I accepted. Sorry, know i should have stung it out but having a tough time at the mo so the miney was better in my account than messing around with them. Good luck to all.

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Congratulations!

 

You did right, if they paid up in full before court, you HAD to accept the money, so don't beat yourself up.

 

Please ensure you complete the survey (link at the top of the page).

 

Well done again. If you can afford it, remember this site survives on donations only. :-)

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