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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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Selense

PCN for parking on footpath though signs allowed it

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I have just received a PCN for “62- Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway”. The parking signs on the road actually said it was ok to park on the footpath but only in marked bays.

 

I parked on the road but not in the marked bays. Unfortunately I didn’t see the latter bit as other roads adjacent to the road didn’t have the “only in marked bays” bit. I wasn’t parked on a yellow line or anything, neither was I causing an obstruction, I would have caused one if I hadn’t parked on the footpath like other cars as it is a very tiny road.

 

Am I likely to be successful if I appeal this fine on the basis that the sign said it was ok to park on the footpath? Am I right in thinking the offence should be something else like “not parked in marked bays” instead of what they have said?

 

I've only paid a PCN yesterday for turning right where not permitted except by buses due to my taking directions from a friend that only knows the bus route. I'm quite angry at myself as it is.

Any advice will be much appreciated. Thanks.

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Ideally we need to see the signage and layout. A link to google streetview will suffice if what is shown is what is still present.

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Thanks for your quick response. Please see photos attached. The car in the first photo is another car parked in the bay but partially on the footpath too same as the car in front of the signage at the start of the road. The black landrover is me parked on the footpath too but not in the bay.

 

The google streetview (2009) shows there used to be bay markings where I parked but they've obviously since been removed. And the signage must be new as there aren't any showing on streetview.

 

 

PCN.jpg

car parked in front of me.jpg

sign at beginning of road.jpg

front of car.jpg

back of car.jpg

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I suggest asking the council to provide a full copy of the resolution made under s.15(4)

 

http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=general+powers+act+1974&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=3475989&ActiveTextDocId=3476011&filesize=26295

 

It may be that where you parked is actually authorised as footway parking but the council has not marked a bay. It's a long shot but every avenue is worth exploring.

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Thanks.

 

I've read the link but I am non the wiser on what s.15(4) means.

 

Hence am I supposed to ask

 

1) "Can you please provide me with a full copy of the resolution made under s.15(4) not designating the spot my car was parked on as a parking bay" or

 

2) "Can you please provide me with a full copy of the resolution made under s.15(4) as the spot my car was parked on is a parking bay as it was designated as such in 2009?"

 

And is it worth also mentioning that parking on the footpath is allowed per the signs and if I should be fined it should be for not being in the bay and the ticket is wrong. (Assuming they cannot now correct it of course). And just maybe the enforcement officer forgot to take a photo.

 

The charge will remain at the reduced rate as long as I appeal within 14 days so it's certainly worth trying.

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I would caution against writing a letter quoting the PCN number etc, which merely asks for documents. The chances are this will be processed as if it is an appeal, and as no grounds for cancellation are stated, the "appeal" will be rejected. You only have one opportunity to make an informal appeal, so I would say don't risk squandering it.

 

You can get hold of the documents you need - try phoning, emailing (don't give a PCN number) or dropping into the office. Once you have your evidence, then you can put pen to paper properly.

 

As I read it, the section means that a highway authority may "by resolution" permit footway parking. So, if there been a resolution to that effect, then the document will presumably show whether the place you parked is included - and therefore if you are allowed to park there (with or without bay markings).

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You only have one opportunity to make an informal appeal, so I would say don't risk squandering it.

 

Are you sure? I thought you can send any number of informal representations until the NTO is issued and the LA have a statutory authority to consider them.


********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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News to me Bernie - I'm not saying you're wrong, but why can't someone just stall the system by perpetually writing back, and thus not getting an NTO at all? Surely the first informal will be responded to with a decision letter which (if rejected) states "you now have two options" - ie, pay or wait for NTO. Subsequent letters just get standard replies reitterating that, no?

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why can't someone just stall the system by perpetually writing back, and thus not getting an NTO at all?

 

Because ultimately that would be seen as vexatious and in any event, there is no obligation to reset the clock on the 28 days


********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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