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    • what rights of access do you have on your agreement with the landlord?   i suspect you shouldn't have to pay a thing.
    • then there is your proof to them why would you pay for BB twice!!   for my notes: GENERAL NOTES ON CHARGEBACK & Continuous Payment Authority & BACS   .....  We have been telling people to put a letter into their bank instructing them  not to make any payments under any circumstances to these companies  . http://whatconsumer.co.uk/visa-debit-chargeback/- it works! usually this should be done using the number on your debit card  .  banks MUST follow written intructions from their customers ! . CANCELLING YOUR DEBIT CARD DOES NOT STOP CPA'S  .  This fsa guide has now been updated:  . http://www.fsa.gov.uk/static/pubs/consumer_info/know_your_rights_guide.pdf http://www.fca.org.uk/news/continuous-payment-authorities-your-right-to-cancel https://www.fca.org.uk/consumers/unauthorised-payments-account  .  Here's the text:  .  Cancelling a regular  card payment:  .  When you give your credit or debit card details to a company and authorise them to take regular payments from your account,   such as for a gym membership or magazine subscription,  it is known as a ‘recurring transaction’ or ‘continuous payment authority’.  . These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.  .  In most cases, regular payments can be cancelled by telling the company taking the payments.   .  However,   you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.   Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.  .  Be aware, though, that you will still be responsible for paying any money that you owe. and that CANCELLING YOUR CARD WILL NOT STOP THE CPA  .  ..  .  New june 2013  .  Regulator orders Banks and mutuals to review complaints about not cancelling recurring payments from November 2009.  .  Consumers who have set up a regular payment from their account will now be able to successfully cancel that arrangement   by contacting their card provider, the Financial Conduct Authority said.  .  The FCA has been examining how easy it is for customers to cancel Continuous Payment Authorities (CPAs)   due either to payday lendersicon or for other regular payments such as subscriptions or gymicon memberships.  .  CPAs, which are also commonly called recurring transactions or recurring payments,   are relatively easy to set up but can be hard to cancel, causing problems for consumers trying to manage their finances,the FCA said.  .  Now, following the FCA review of how the largest high street banks and mutuals process requests to cancel CPAs, they have agreed that they will ensure that when   a customer asks for a recurring payment to end, that will be sufficient to cancel the arrangement. They have also confirmed that should a payment go through by   mistake following cancellation by a customer the customer will be refunded immediately.  .  In addition to securing this commitment, the largest banks and mutuals have agreed to review every individual complaint they have received about the non-  cancellation of a CPA and to pay redress where payments have continued to be made despite the customer cancelling the arrangement. This applies to all complaints   since November 2009 when the Financial Services Authority, the FCA’s predecessor, began regulating banking conduct.  .  Clive Adamson, the FCA’s director of supervision, said: “It’s important that consumers are confident that banks are meeting their everyday banking needs. Today   customers can be confident that when they ask for a Continuous Payment Authority to be cancelled – it will be cancelled - and that it can be done easily.   . “We recognise that historically this is an area where some customers have struggled but the banks and mutuals have responded positively to our work on this issue.   From now on we expect them to be getting this right. In addition, they have committed to review past complaints.” .  .  Also mentioned your displeasure that as whomever took your money had obviously attempted this many times   probably activating your banks own anti fraud software - nobody had the decency to inform my you this was going on.? .  .In the FSA's own words:  .  ..  What should I do about a payment from my account that I didn’t authorise?  .  Your bank must refund an unauthorised transaction.   Money can only be taken from your account if you have authorised the transaction   or if your bank can prove you were at fault –  . see below.  Contact your bank immediately if you notice an unauthorised payment from your account. .  If you are sure you did not authorise the payment, you can claim a refund.  .  However, your bank does not have to refund you if you do not tell it about the payment until 13 months  or more after the date it left your account.  .  Your bank must refund an unauthorised transaction  .  ------------------  .  Your bank may only refuse a refund for an unauthorised transaction if:  .  ? it can prove you authorised the transaction  – though your bank cannot simply say that use of your password,   card and PIN proves you authorised a payment; or .  ? it can prove you are at fault because you acted fraudulently,   or because you deliberately,   or with gross negligence, failed to protect the details of your card, PIN or password in a way that allowed the transaction  .  -----------------------  .  How quickly must my bank refund me for an unauthorised transaction?  .  The bank must make the refund immediately unless it has evidence that one of the above reasons applies.   Your bank may ask you to answer some questions and fill out a form confirming what has happened,   but it cannot delay your refund while it waits for you to return the form.  If the bank has evidence that one of the above reasons for refusing a refund applies,   it may investigate before making a refund   but must look into it as quickly as possible.   If your bank rejects your claim for a refund it should explain why.  If the transaction was on a credit card, the refund may not happen immediately.   But the card issuer cannot charge interest or ask for repayment of the amount unless it can prove you are liable to pay        
    • Only asking because I want to get my facts right before I approach the bank! Yes, BT is coming out of the same account.
    • not if they want to make the OP the named claimant no!! let them take the other party to court themselves!! the op can be a witness then..   one bitten...read this thread..      
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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
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      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
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      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
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      • 16 replies
DroverAwn

Parking Ticket advice please

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Hi All

 

I am a nurse and often work the night shift which means me sleeping for most part of the day. Unfortuneatly my road and all surrounding roads have parking restrictions placed on them namely, between 10am and 10:30 am no parking allowed on one side of the road and then again between 1400 and 1430 the other. During the last two months I have recieved 2 parking tickets due to me not waking up before 2pm as I am normally shattered. (akin to a normal working person having to wake up at 2am to move their car in order to avoid a ticket).

I have a scan of the 1st ticket (which I have not paid) and pics of the yellow line in question. The yellow line has been partially dug up due to roadworks and never repainted. My car was parked on what remains of the yellow line.

My question pertains to the validity of PCN's issued on this damaged yellow line. :confused:

 

pcn1.jpg

 

pcn1b.jpg

 

pcn1pic.jpg


:eek:

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not sure what happened, I dont see any images; will try again:

 

pcn1.jpg

 

pcn1b.jpg

 

pcn1pic.jpg


:eek:

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You can use this appeal letter and add further points where appropriate.

 

Dear Sirs

 

I understand that you are of the opinion that I have contravened a restriction governed by a traffic order. I am aware that the legislation enabling a traffic order to be made is the Road Traffic Regulation Act 1984.

Although you accuse me of this contravention you have not provided any evidence that confirms that the restriction is supported by a legally enacted traffic order. Therefore it is necessary for you to provide me with a full copy of the traffic order that you believe has been contravened and I require you to explain fully what article or articles I allegedly contravened and to direct me to the specific entry for the location concerned within the relevant schedule and to explain fully why you believe that I do not qualify for one of the given exemptions within the traffic order. It is paramount that the traffic order includes the preamble and all the articles as well as the schedules and is sealed and dated and accompanied by all maps. If the original order has been amended then it is necessary that these amendments are also provided in full. I will remind you that in the case between Terence Chase v Westminster City Council, the adjudicator emphasised that a council has a legal duty to provide all evidence at the earliest opportunity to an appellant. Failure to do so is considered by the courts to be prejudicial.

 

In addition, I am aware of the provision under section 76(3) of the Traffic Management Act 2004;

 

(3)Civil enforcement officers—

(a) when exercising specified functions must wear such uniform as may be determined by the enforcement authority in accordance with guidelines issued by the appropriate national authority, and

(b) must not exercise any of those functions when not in uniform.

 

The council has provided no evidence that the CEO was wearing a uniform in compliance with section 76(3)(a) and with the guidance given in section 42 of the Secretary of State’s Statutory Guidance;

 

42. When exercising prescribed functions a CEO must wear a uniform. The uniform should clearly show:

that the wearer is engaged in parking enforcement;

the name of the local authority/authorities of whose behalf s/he is acting;

and a personal identity number.

 

As the wearing of uniform by the CEO is mandatory when serving a regulation 9 PCN, it is reasonable to conclude that an efficient and conscientious enforcement authority will inspect and keep a record of each officer before they begin their patrol to ensure a uniform is worn and that it complies with the guidance. Since it is a mandatory requirement, the burden of proof must remain with the enforcement authority. This principle is supported in the adjudication case between Derek Jack Hayward v London Borough of Croydon. Therefore, I require unequivocal evidence that the officer who served the PCN upon my vehicle was wearing the correct uniform in the correct manner. Without any evidence to the contrary, it is not unreasonable to assert that the PCN was served by the CEO in contravention of section 76(3)(a) thus invalidating the PCN served.

 

 

I also bring to your attention the important fact that PCN fails to comply with regulation 3(2)(b)(ii) contained within Statutory Instrument 2007/3482 and it is therefore my belief that the PCN is not lawful.

 

3(2) A penalty charge notice served under regulation 9 of the General Regulations must, in addition to the matters required to be included in it under paragraph 1 of the Schedule to the General Regulations, include the following information

(a) that a person on whom a notice to owner is served will be entitled to make representations to the enforcement authority against the penalty charge and may appeal to an adjudicator if those representations are rejected; and

(b) that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served—

(i) those representations will be considered;

(ii) but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner.

 

This requirement is repeated in paragraph 8.40 of the DfT published ”Operational Guidance to Local Authorities”;

 

but that, if an NtO is served not withstanding those representations,

representations against the penalty charge must be in the form and manner

and at the time specified in the NtO.”

 

The important purpose of the absent regulation 3(2)(b)(ii) is to explain that should a person receive an NtO while expecting a reply to their informal appeal they should not ignore the NtO but take heed of it and appeal formally in the time specified by the NtO.

 

If a PCN does not make this point then a person waiting for a reply to their informal appeal may ignore the NtO thinking that as an appeal is already being considered there is no point appealing against the NtO until a reply is received against the informal appeal. However, a reply may never arrive and by the time this is realised the statutory time in which to respond to the NtO may have expired.

 

Considering this fact I expect you to cancel this penalty charge forthwith. If you do not cancel then I will require you to explain fully why you think the PCN does comply with regulation 3(2)(b)(ii).

 

 

Under the provisions of the Traffic Management Act 2004 I am entitled to a submit an appeal that you have a duty to consider and to which you have a duty, should you reject my appeal, to provide me with clear and full reasons in reply to my points of appeal. This duty is set down in the Secretary of State’s Statutory Guidance and the Traffic Management Act 2004 under section 87 clearly advises that local authorities must have regard to this statutory guidance. Therefore should you fail to reply specifically to each point and provide the required evidence then I will be, due to your improper consideration, including a further charge of procedural impropriety when my defence is submitted for adjudication and in addition I will proceed with a formal complaint, regarding your maladministration, to the office of the council’s Chief Executive.

 

Yours with love, hugs and kisses

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thanks a bunch for that, should I not add something regarding the broken yellow line? Surely its not enforecable on that alone?


:eek:

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Please show us a photo of the whole line so we can see how far it goes.

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