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    • One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other!
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    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
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Smudgeless V NatWest.


Smudgeless
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Hi Everyone,

This is my first post but I am quite advanced in my claim against the NatWest.

A Brief History:

 

January 2005 : Found that £228.00 had gone missing from my bank account .

Spent until October 2005 to find out what had happened to this money with the NatWest agreeing something has happened but wouldnt refund money and wouldnt expain what has happened too money:mad: .

 

October 2005.Opened new bank account with different bank . Stopped all d/ds and Standing orders .

 

May 2006: NatWest had been paying D/D of £1.99 since October even though I have paper work to show D/D had been stopped . Charges unpaid item fee £38.00 unarranged borrow fee £38.00 per month total £76.00 a month for a £1.99 D/D. Total bank taken £608.00 .Good profit for the bank

 

May 2006: Watched programme on ITV with Trevor Macdonald about Bank charges . Procristinated for a few weeks with the idea .

 

June 2006: Joined the Consumer Action Group . Printed 2 x Data Protection letter off and sent it with 2x £10.00 postal orders for all my bank statements from my two bank accounts addressed to my bank manager of my branch. Recieved bank statements for both accounts three weeks later .

 

June 2006: NatWest applied default notice to both accounts:evil: . Printed & sent Data Protection act 1998 letter one for each account to my Bank Branch Manager .

 

July 2006 : Sent letters for Repayment of charges to the Branch Manager with Schedule of charges . Reason sending two letters charges and interest for both accounts went over £6000 for small claims court .

 

July 2006: No reply from Bank after two weeks sent two x Letters before Action . Day after recieved one letter from Bank " We will respond directly in the next 10 days" .

 

July 2006: 12 days after last letter from the Bank recieved pompous letter from Stuart Rigley Saying the Bank has done No wrong and thank you for getting in touch with them :evil: .

 

August 2006: Sent 2x Small claims NI Claim forms One for each account too Two different County Courts (One in the West Country & One in London) . Two different claims. I work in London but live in the West Country on my time off.

 

All letters to and from the Bank I have filed in order . All letters been sent Special Delivery which I hope I can claim back. All letters I have found in the excellent Bank Action Group Libary.

 

Now in uncertain territory awaiting the courts . Planned Recce of small claims court procedure . Ready to deploy full fighting patrols:D .

 

All the best

 

Smudgeless

Data Protection Act 1998 Sent 07/06/2006

S10 Sent 21/06/2006

Request Repayment Charges 06/07/2006

Letter Before Action 20/07/2006

Small Claim N1 Started 17/08/2006

 

"I am a rubber duck and you cant break me !!!"

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Good Luck!

08/08/06 - SENT Data Protection Act S.A.R - (Subject Access Request)

 

17/08/06 - DEFAULT NOTICE RECEIVED FROM NatWest :evil:

 

18/08/06 - Data Protection Act ACKNOWLEDGED, SIGNATURE REQUESTED

 

21/08/06 - Spoke to Natwest. Default will not be applied if i get back into my agreed limit (over by £184) by Sep end. Thanks for a weeked of unneccessary worry Natwest.

 

01/08/06 - Received copy statements. Damaged in post. Charged £5 in addition to £10 Postal order

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Hi Everyone,

This is my first post but I am quite advanced in my claim against the NatWest.

A Brief History:

 

January 2005 : Found that £228.00 had gone missing from my bank account .

Spent until October 2005 to find out what had happened to this money with the NatWest agreeing something has happened but wouldnt refund money and wouldnt expain what has happened too money:mad: .

 

October 2005.Opened new bank account with different bank . Stopped all d/ds and Standing orders .

 

May 2006: NatWest had been paying D/D of £1.99 since October even though I have paper work to show D/D had been stopped . Charges unpaid item fee £38.00 unarranged borrow fee £38.00 per month total £76.00 a month for a £1.99 D/D. Total bank taken £608.00 .Good profit for the bank

 

May 2006: Watched programme on ITV with Trevor Macdonald about Bank charges . Procristinated for a few weeks with the idea .

 

June 2006: Joined the Consumer Action Group . Printed 2 x Data Protection letter off and sent it with 2x £10.00 postal orders for all my bank statements from my two bank accounts addressed to my bank manager of my branch. Recieved bank statements for both accounts three weeks later .

 

June 2006: NatWest applied default notice to both accounts:evil: . Printed & sent Data Protection act 1998 letter one for each account to my Bank Branch Manager .

 

July 2006 : Sent letters for Repayment of charges to the Branch Manager with Schedule of charges . Reason sending two letters charges and interest for both accounts went over £6000 for small claims court .

 

July 2006: No reply from Bank after two weeks senttwo x Letters before Action . Day after recieved one letter from Bank " We will respond directly in the next 10 days" .

 

July 2006: 12 days after last letter from the Bank recieved pompous letter from Stuart Rigley Saying the Bank has done No wrong and thank you for getting in touch with them :evil: .

 

August 2006: Sent 2x Small claims NI Claim forms One for each account too Two different County Courts (One in the West Country & One in London) . Two different claims. I work in London but live in the West Country on my time off.

 

All letters to and from the Bank I have filed in order . All letters been sent Special Delivery which I hope I can claim back. All letters I have found in the excellent Bank Action Group Libary.

 

Now in uncertain territory awaiting the courts . Planned Recce of small claims court procedure . Ready to deploy full fighting patrols:D .

 

All the best

 

Smudgeless

 

Data Protection letters for statements Sent 07/06/2006

S10 Sent 21/06/2006

Request For Repayment Sent 06/07/2006

Letter Before Action Sent 20/07/2006

Small Claims N1 Started 17/08/2006

Data Protection Act 1998 Sent 07/06/2006

S10 Sent 21/06/2006

Request Repayment Charges 06/07/2006

Letter Before Action 20/07/2006

Small Claim N1 Started 17/08/2006

 

"I am a rubber duck and you cant break me !!!"

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Hi NatWeststaff member.

 

I never reinstated the D/D NatWest kept paying the £1.99 and then charged me for the privilidge. Charges state 1/ Unpaid Item Fee 2/ Unarranged Borrow Fee.

They never told me what had happened to the £228.00 which was defrauded from my account either.

Data Protection Act 1998 Sent 07/06/2006

S10 Sent 21/06/2006

Request Repayment Charges 06/07/2006

Letter Before Action 20/07/2006

Small Claim N1 Started 17/08/2006

 

"I am a rubber duck and you cant break me !!!"

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  • 3 weeks later...

Hi Every one,

I am now getting into unknown territory and may need help and advice. I have paid my £120.00 to the courts and have now received my "Notice of Service has been filed" which is dated 01/09/2006. I have now also received a letter from the Court stating that that The Defendant intends to defend all the claim The NatWest legal which are Cobbetts LLP. The question now is what fun and games can I expect now? Are they going to use any delaying tactics or threatening legal jargon now to test my fortitude ? If so what sort of tactics will they try to use ? Forwarned is forarmed !!!

Data Protection Act 1998 Sent 07/06/2006

S10 Sent 21/06/2006

Request Repayment Charges 06/07/2006

Letter Before Action 20/07/2006

Small Claim N1 Started 17/08/2006

 

"I am a rubber duck and you cant break me !!!"

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Hi Michael

Thank you for the Thread . I know what to expect now !!!

All the best

Smudgeless

Data Protection Act 1998 Sent 07/06/2006

S10 Sent 21/06/2006

Request Repayment Charges 06/07/2006

Letter Before Action 20/07/2006

Small Claim N1 Started 17/08/2006

 

"I am a rubber duck and you cant break me !!!"

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  • 1 month later...

Hi Every one

I am back .

I have had two Nat West bank accounts one I have had my bank charges refunded in full after a default notice was filed against them. This was by using a County Court in London.The second one using a County court in the West Country I have been in informed that they have put a Stay on the judgement to the 31st of January 2006. Can some one explain what a stay is and can I fight it ? Can I still claim 8% interest up to the 31st of January ? I used exactly the same paperwork on both accounts with the exception of different figures and bank charges so it seem I have not been given a fair hearing by the district judge in the West Country. Can I complain about this judgement because it seems strange that I can win one case and the other they are puting a stay on it. Can I use the paper work from the County Court in London and state why I have been treated differently?

All the best

A Confused

Smudgeless

Data Protection Act 1998 Sent 07/06/2006

S10 Sent 21/06/2006

Request Repayment Charges 06/07/2006

Letter Before Action 20/07/2006

Small Claim N1 Started 17/08/2006

 

"I am a rubber duck and you cant break me !!!"

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Hi Everyone,

Just to warn every one the Courts and Banks are trying to delay judgements to the 31st January 2007.

The General form of Judgement or order I recieved states:

 

Upon the Courts own motion. The Court Has made this order of its own intiative without hearing. If you object to the order, you must make an application to have it set aside , varied or stayed within 7 days of recieving it.

Whereas

1 This case is one of may (many court spelling !!!) hundreds being issued all over the country presumably as a result of the actions of a presure group and it is in the interests of Justice for a consistant approach to be taken and

2 The Designated Cival Judge anticipates trying a batch of such cases as early in 2007 as test cases. (Thats if the banks turn up !!!)

 

It Is Ordered that

 

1) This case is stayed to 31st January 2007 when it will bw reviewed by District Judge ****** and either further stayed or directions given.

 

2) Any party affected by this order may apply within seven daysto vary or set aside it.

 

Dated 26 October 2006

 

 

I am now in the process of amending the letter in the templates section to try and get the stay removed . If any one has any advice it would be helpful . I need the most help on filling the Application Notice N244.

Its not the easiest form in the world to understand and the people at the courts just say we are not legally trained and wont Help.

 

All the best

Smudgeless

Data Protection Act 1998 Sent 07/06/2006

S10 Sent 21/06/2006

Request Repayment Charges 06/07/2006

Letter Before Action 20/07/2006

Small Claim N1 Started 17/08/2006

 

"I am a rubber duck and you cant break me !!!"

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