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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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huppelkutje

Council PCN, contravention 01 (and not sure why!)

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Hi Guys,

 

Having recently been offered a job in the UK I've just moved into a new flat and it would appear that the morning after I moved in I got a council PCN, however the ticket was not attached to my car until later in the day after the 'offence' had taken place and I had moved my car to a different part of the street!

 

I got to the flat late (I was waiting for the landlord to drop the front door key round but at 11pm he hadn't shown; luckily another tenant let me in!) and as far as I'm aware the car was legally on single yellow lines, I couldn't find a space near the door and had to park right down the other end of the street just before the double yellow lines at the end of the road near the T junction. The next morning around 10am there was a closer space so I moved the car (it had no ticket on it then!), took the last of my stuff into the flat and then went to visit my mum with my boyfriend in his car.

 

When I got back the day after I found a ticket on my windscreen stating "Parked in a restricted street during prescribed hours (Code 01)" which I couldnt understand as all the cars around me didn't have tickets but I checked the time and date and noticed it was a 3 minute period the previous day before I had moved the car closer.

 

I was told before I moved here by the landlord that parking is allowed on one side of the street only and it changes every month to the other side (for street cleaning/gutter sweeping maybe?!) but I was definitely on the right side of the road for this month and have checked the road signs to make sure. Hence the single yellow lines on both sides of the road I presume.

 

I would like to see photographic evidence of what I did wrong because as far as I knew I was parked correctly. Do I have to appeal first before I can see any photos the warden took? Could the fact that the notice wasn't issued immediately go in my favour? I'm 100% sure that it wasn't just a case of me not seeing the ticket when I went to move the car, it definitely wasn't there. Could I argue that I was unloading my car, I can prove I was moving in and it would take longer than 3 minutes to walk from the car to the house and back.

 

I intend to have a look at the double yellow line termination tomorrow in the daylight and take photos if it's dodgy at all but would appreciate any advice anyone might have. I'll be able to scan my ticket tomorrow too.


:whoo:Officially debt free October 2011 after 10 years 11 months :whoo:

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Is there a ban on returning within a certain time?

 

I assume you have checked the registration number, it being the end of exam time there are a lot of teenagers around, and moving parking tickets is a rather jolly jape?

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Funny you say that, I did think it was one of those practical joke tickets at first because I didn't think I'd parked illegally anywhere! No it's legit and it's got my car details on it. The parking restriction is in force from 9am to 9pm, that's all it says on the signs. Near where I parked half the sign used to point in the direction of the double yellows and say "no parking at any time" but that part has been painted over. I can see that the double yellows used to extend further but these have been removed and replaced with a single yellow, presumably because so many cars try to park here.

 

I'm sure I wasn't on double yellows (although it was dark and I'd never been there before!) but unless I see a photo I can't be sure. If one wheel is on them can I argue De Minimis even though it was near a T-junction?


:whoo:Officially debt free October 2011 after 10 years 11 months :whoo:

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I am just wondering about the legality of putting a ticket on your car after it had been moved. I am no expert on that aspect, so you may have to wait for a bit for one of the rather clever people who understand pcns to turn up.

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The most likely expanation is that, despite your certainty, the ticket was on your car when you moved it and you just didn't notice it. I would think that it would be impossible for the CEO's PDA to issue a ticket retrospectively ie for the day before

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But the ticket came in a big yellow plastic bag; and the street next to mine is a one way system so I had to drive 'round the block' which was quite a way. Also my boyfriend was with me and didn't see it either. And I walked round the car to fold my mirrors in and didn't see a ticket!

pcn1.JPG

pcn2.JPG

Edited by huppelkutje

:whoo:Officially debt free October 2011 after 10 years 11 months :whoo:

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But the ticket came in a big yellow plastic bag; Also my boyfriend was with me and didn't see it either. And I walked round the car to fold my mirrors in and didn't see a ticket!

Ok.

 

 

and the street next to mine is a one way system so I had to drive 'round the block' which was quite a way.

Were you parked in the oneway street or in your road. What location is given on the ticket, are the service and contravention dates the same, ie both the previous day. Or were they dated the following day when you found the ticket.

 

Sorry for all the questions but you've taken so much detail out of the scan

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I rang the council and they said they will only show me the photos if I appeal first. They said the car was parked with both wheels on double yellows and have a photo to show this, also one with the ticket attached. So I guess my eyesight needs testing!!! I explained I'd just moved there and gave unloading as an excuse but they said I have to be seen to be unloading within 3 minutes, I did say it would take longer than that to get to my house and back and that there weren't any closer spaces at the time but I don't think she believed me!

 

I was parked on my street, at the other end to where the house is. Turning out of that road would put me on the one way street. I took a lot of details off after reading guidelines on a sticky here. The dates of service and contravention are the same and the street name is the correct one that I was parked on.


:whoo:Officially debt free October 2011 after 10 years 11 months :whoo:

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"I rang the council and they said they will only show me the photos if I appeal first. " That was naughty of them. They should supply upon request. Shame you asked over the phone, email would have been better as you would have a written record of them saying this. Never deal with councils over the phone - if you really have to phone them then record the call. What council is this ?

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I explained I'd just moved there and gave unloading as an excuse but they said I have to be seen to be unloading within 3 minutes,

That's rubbish, loading/unloading is ususally limited to 20 mins, but doesn't have to be continous, to allow for deliveries to above street level, signing delivery notes etc

I did say it would take longer than that to get to my house and back and that there weren't any closer spaces at the time but I don't think she believed me!

 

You could claim exemption for unloading on the DYL if this was the only available space, however could only stay no longer than absolutely necessary and you would have to have moved immediately you had finished, not from 11pm until 10am the following day. What time was the ticket issued?

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I didn't tell them what time I'd parked there, only that I'd been moving in and was taking my stuff inside. I told her I had moved the car when I saw a closer space become available.

 

Not sure whether to say which council because it's such a strange (unique?) road with parking on alternate sides on alternate months. I'm a bit paranoid they'll be reading this!! It's in Essex. There is no email address to contact them with on the PCN itself, and only a contact form on their website. At the end of the day, either I really was just on the double yellows (which I didn't realise wasn't allowed so that's my own fault) or I was fully on the double yellows; still my own fault!


:whoo:Officially debt free October 2011 after 10 years 11 months :whoo:

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"I rang the council and they said they will only show me the photos if I appeal first. " That was naughty of them. They should supply upon request.

 

Why? It would be a breach of the data protection act just to send out photos willy nilly to anyone that asks.

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:) To anyone who validly asks - i.e. after verification. people do lose PCNS and dups are supposed to be supplied. being told 'appeal first' by the council is wrong and prejudicial. They are not supposed to do that.

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Just spoke to my boyfriend and he insists the car didnt have a ticket when I moved it! Even went as far as to suggest the warden put someone else's ticket on my window for the purposes of the photograph, although I can't see why that would have happened. Also said he's positive it could only have been my front tyre on the double yellows. And reminded me that I'd moved my car forward a little bit after pulling in to give the car behind more space in case he wanted to pull out. Wish I hadn't donre that now! Argghh, bloody council!

 

Does anyone know the rules regarding viewing the evidence before starting an appeal?


:whoo:Officially debt free October 2011 after 10 years 11 months :whoo:

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You could just appeal anyway, you have the informal appeal, the formal appeal, and then arbitration.

 

Our council still give the discount period if they refuse the appeal.

 

How about you post a picture of the sign as well, and the double yellows? Just in case they are unenforceable?

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Having a bit of trouble uploading a pic from my phone but I think I've got it sussed now...

e55631c0.jpg


:whoo:Officially debt free October 2011 after 10 years 11 months :whoo:

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Here's the sign

f81f4aab.jpg


:whoo:Officially debt free October 2011 after 10 years 11 months :whoo:

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Just received the pictures from the council and a copy of the warden's notebook, I was definitely on the double yellows and there is a photo of my car with a pcn on the bottom of the windscreen. But the dates in the notebook don't follow in chronological order. My car was observed around 9am and that's what it says on the ticket, but in the notebook my details are between a car observed at 9.30 and a car observed at 10am.


:whoo:Officially debt free October 2011 after 10 years 11 months :whoo:

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can we see it.

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Sorry I said 'dates' but I meant to write 'times'. The date and time in the notebook match my PCN but my car (logged as no.2 vehicle of the day at 9am) is between No.1 vehicle at 9.30am and No. 3 vehicle at 10am. There are no times on the photographs, only the date.

 

Would this be grounds to dispute a PCN? The attached letter rejecting my challenge says that if no loading/unloading is seen within 3 minutes then a PCN can be issued.

 

I can scan the notebook tomorrow at work.


:whoo:Officially debt free October 2011 after 10 years 11 months :whoo:

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Scan of notebook attached

notebook.jpg


:whoo:Officially debt free October 2011 after 10 years 11 months :whoo:

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