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    • Thanks DX,   I've already admitted that a default notice was served in 2010 by MBNA, so it seems I might be left hoping that they're unable to produce the original CCA.   I've never acknowledged Arrrow as the creditor and continue to pay MBNA.  Is that in my favour?   Cheers,   Richard.
    • For PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH       For either option, does it say which appeals body they operate under. Yes    …………………..     This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system.   The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see.   The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system . I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.      My statement and evidence to POPLA. in response to CE evidence highlighting main arguments.   Par 18 . The image submitted from the Appellant of a sign slightly turned is still readable and is not obscured...….. Me Not from where I was parked. A photo from the bay shows a pole with the sign facing away.  Par 18 . Furthermore, it highlights that the Appellant was aware of the signage on the site and failed to comply with the terms and conditions regardless.......  Me I treat this paragraph with contempt. There is nothing to "highlight" here as I maintain I did not see any signage; Regardless ? I could have legally parked right outside the Surgery as there were spaces at the time but having "regard" for disabled and elderly, parked further away having to cross a busy road to the Surgery. Par 20....,. Furthermore, the Appellant failed to utilise the operator’s helpline phone number,,, (displayed at the bottom of signage) to report the occurrence, or to request advice on what further action could be taken.... Me How could I have done this ? I only realized there were signs there when the PCN arrived. Summary. I stand by statements and maintain that I did not see any signage entering or leaving the car park. The main sign at the entrance is too small and easily missed when you have to turn right though busy traffic and once through carefully avoid pedestrians, some walking their dogs. The main sign is blank at the back. When you leave the car park I would have noticed the private parking rules if the writing was on both sides. Roadworks signs close to the parking sign at the time did not help either. [see photo] CE evidence is flawed, illegal and contemptuous. Photos submitted are from months ago, Today I have driven into the car park and noticed the same signs turned 90 degrees including the one opposite my bay. CE have done nothing to rectify this disregarding my evidence and the maintenance of the car park. Showing number plates is a total disregard to patients privacy and I object to these photos being allowed as evidence on the grounds that they may be illegal.    POPLAS assessment and decision....unsuccessful   Assessor summary of operator case   The operator states that the appellant’s vehicle was parked on site without a permit. It has issued a parking charge notice (PCN) for £100 as a result. Assessor summary of your case   The appellant states that he parked on site to attend a dental appointment. He states that the terms of the site had changed since the last time he parked two years ago. He states that signage at the entrance to and throughout the site did not make the terms clear. The appellant has provided various photographs taken on and around the site. Assessor supporting rational for decision   The appellant accepts that he was the driver of the vehicle on the date in question. I will therefore consider his liability for the charge as the driver.   The operator has provided photographs of the appellant’s vehicle taken by its automatic number plate recognition (ANPR) cameras. These photographs show the vehicle entering the site at 14:17 and leaving the site at 15:13. It is clear that the vehicle remained on site for a period of 56 minutes.   Both the appellant and operator have provided photographs of the signs installed on the site. The operator has also provided a site map showing where on site each sign is located.   Having reviewed all of the evidence, I am satisfied that signage at the entrance to the site clearly states: “Permit Holders Only … See car park signs for terms and conditions”.   Signs within the site itself clearly state: “DENTAL PRACTICE PERMIT HOLDERS ONLY … ALL PATIENTS AND VISITORS MUST REGISTER FOR A PERMIT AT THE PRACTICE RECEPTION ... IF YOU BREACH ANY OF THESE TERMS YOU WILL BE CHARGED £100.”   The signs make the terms of parking on the site clear, are placed in such a way that a motorist would see the signs when parking and are in line with the British Parking Association (BPA) Code of Practice.   The operator has provided evidence to show that a search for the appellant’s vehicle has been carried out against the list of vehicles for which a valid permit was held on the date in question. The appellant’s vehicle does not appear on this list.   The appellant states that he parked on site to attend a dental appointment . I accept that this may have been the case, however I do not accept that this entitled the appellant to park on site outside of the terms.   The appellant states that the terms of the site had changed since the last time he parked two years ago. The operator’s photographs of the signage on site are dated 27 March 2019.   It is clear based on these photographs that the terms had been in place for at least three months by the time the appellant parked, which I am satisfied was a reasonable period for any regular user of the site to adapt to any change to the terms.   The appellant states that signage at the entrance to and throughout the site did not make the terms clear. He has provided various photographs taken on and around the site.   As detailed above, I am satisfied based on the evidence as a whole that signage made the terms sufficiently clear. I am satisfied from the evidence that the terms of the site were made clear and that the appellant breached the terms by parking without registering for a permit.   I am therefore satisfied that the PCN was issued correctly and I must refuse this appeal.   docs1.pdf
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chrismillard

I want to reject Barclays offer - what do I do?

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I apologise in advance if this has already been answered, but I'm accessing the net via a mobile phone and it's horrendously slow and expensive!

 

I've had a letter back from Barclays offering me £1000.00 as a "goodwill gesture" - this is much less than my calculation.

 

I want to decline this offer and try and get the full amount. Is there a letter template for my next step? I couldn't see one in the template library.

 

Also, do I enclose a copy of an N1 form (before I file it obviously)?

 

Your guidance would be appreciated.

 

Thank you.

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You do not specify at what stage the offer has been made ?

 

Did you send a prelim then a letter before action ?

As you have no dedicated thread with no history then its difficult to answer.

 

There are procedures to address the offer......simply write and tell them you reject it,

There are letters in the bank temps folders (link below)

 

However if you need further help it would assist users if you could give a full account of how your claim was started and how its progressed since then.

 

You could do this by replying to this post !!

 

:)


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.

 

 

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Hi - sorry for my "vagueness". Here's the history so far.

 

Having read the article on the Motley Fool website, I requested copies of all of my statements for the previous 6 years, which Barclays sent me. I worked out that all of the fees came to over £4800 (without interest added).

 

I wrote to Barclays using the preliminary letter template, asking them to pay back the money that I felt they owed.

 

They initially responded with a letter saying it was being looked into, and they enclosed a complaints proceedure leaflet.

 

Next, I received a letter stating that they are "sorry to learn that you feel that the bank charges are unfair..." and saying that I was given a copy of the T's & C's when I opened the account.

 

They then go on to say "I am willing to offer the sum of £1000.00 towards the total amount you are seeking. This is with the cost and inconvenience inherent in a further dispute in mind and is intended as a gesture of goodwill. If you would like to accept my offer please sign and return the enclosed form in the pre-paid envelope provided. I will arrange for the payment to be credited direct to your account within seven working days of receipt of your acceptance."

 

Now, £1000.00 is tempting considering I'm on minimum wage, but I also think "in for a penny, in for a pound" - I don't feel that I should settle, and it would appear that they obviously know they are in the wrong even though they don't admit it.

 

So what I want to know is how to word my reply declining their offer and ensure that I get what I feel I am owed. One final thing though, I DON'T want to ask for the interest as this would take me over the £5k threshold for a small-claim!

 

Your help is appreciated.

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A quick note along the lines of:

 

"Dear Sir/Madam,

 

With reference to your letter of XXXX, I am willing to accept your offer of £1000 only as part payment of my claim and I will continue to seek redress for the remaining balance through the courts if necessary.

 

Yours sincerely,

 

Chrismillard."

 

They'll write back to you saying that their offer was only as a full and final settlement and it is with regret that they will see you in court. At that point, its Moneyclaim time.


15/08 - Premilinary letter sent to Barclays - £2565

 

29/08 - No response to Preliminary letter. Sent Letter Before Action

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You then need to send a final letter before action the temps folder has this letter (link at bottom )

 

You can make reference to their offer within the letter itself by modifying it slightly.

 

You can add.........I acknowledge reciept of your letter of ............in response to my request for a full refund of unlawful charges taken from my account.

As your offer of .........falls considerably short of the total amount being claimed,I am unable to accept this as full and final settlement.I would however consider this offer as part payment,on the understanding that I shall be pursuing recovery of the balance in the County Court should you fail to make a full refund.

 

 

5k is quite a lot and if it goes back a long time the interest will be good.

Personally I would consider splitting it into 2 as you will get your costs back and of course once you have all the figures can do the process quite quickly,


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.

 

 

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Good Morning! We are in a similar situation. Had an offer, it has now been upped by £185 but falls some £1,200 short. I'm a little muddled onhow to approach that we will accept as part settlement but will be pursueing for the rest. Sorry if I'm being thick. Anyone got any ideas? Thank you !!!

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Well if the post above aint clear 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.

 

 

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Hi, I'm in the same position as ChrisMillard do I sign the letter they sent with the partial settlement offer and send that off with the "thanks but I'm still after the rest" letter? or would me signing that mean I've agreed to something and can't take it further which is what they elude to in their letter?

 

Many thanks.

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No you are stressing that the offer will be accepted as part settlement only.

 

 

Claim for the full aamount will continue.

 

The offer is likely to be withdrawn and they only offer it in the first place as full and final.

Therefore you are refusing on their conditions.


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.

 

 

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OK, I sent a letter to Barclays stating that I would only accept £1000 as an interim payment. They have since written back saying that their offer was a goodwill gesture and was offered as full and final payment. They are still offering me the £1000 but say that they will not increase their offer.

 

Obviously, £1000 is not peanuts, but it does not compare to the £5000 I am trying to reclaim.

 

Is this a standard response? Do you suggest I take the £1000 and "run" or would I benefit from continuing? If so, what steps do I take next?

 

Many thanks

Chris

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Was this a modified Letter Before Action you sent.

If it was, the 14 days are up and you start with Court Action unless you are SOOOOO desperate for their paltry £1000 you will give up on the other £4000.

 

They are just playing with you - YOU are calling the shots - THEY are in the wrong !

 

 

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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"Well if the post above aint clear enough........?????"

 

A little harsh Martin, obviously not having a good day!

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Guest nad1ne

I have received the same letter and I am filling in my money claim online as we speak. If they weren't in the wrong they wouldn't have offered you Jack, I mean £1k is an awful lot of "goodwill". Lets bring them down as a united front!

Good luck

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Hi,

 

I have also received a 'goodwill offer' of 130.00pounds while the total claim was 260.00.

 

I will thank them for their part payment and go after the rest

 

CLP

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