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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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goodwill gesture from abbey


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hello

 

after sending in a preliminary letter for a refund of 650 i today received a letter stating that as the charges do not contravene their regulations they cannot agree to refund them, however as a gesture of goodwill they are prepeared to cancel charges totalling 260.

 

the actual account was 150 od all in charges anyway, which dont relate to the claim of 650 and was to be a separate claim , and now the account is 70 in credit so they have already refunded what works out 220 and not the 260 offered.

 

the letter states nowhere that this is full and final settlement.

 

obviously i will sent the rejection of offer letter , but should i stear clear of using the 70 credit the account is now in as this might constitute accepting their offer? or just use it as part payment and still pursue the outstanding 430 in the rejection letter letting them know that the 150 cancelled charges were not part of the original claim and another will be forthcoming

 

thankyou

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thanks for your reply

 

i have just spoken to abbey and they stated that the missing 40 is from 2 further reversals ,1 for october and 1 for november which were pending and now i'm confused so if anybody could help me with the following as abbey seem to be overlapping what im claiming for and current pending charges.

 

at time of prelim letter for charges of 650.

account 120 o/d with these charges not currently being claimed for.

 

at time of goodwill gesture letter (today)

account 150 o/d adjusted to 70 credit = 220(150 o/drwn +70 now in credit) + 40 pending / the 260 quoted

 

am i right in thinking that the 40 pending has been taken off the original claim so that i cannot later claim it and they are doing me out of that 40 by confusing the issue and that they have only refunded 220 of the original 650.

 

surely the 40 of pending charges is to my advantage as it was not in my original claim and that infact i have only been refunded 220 and my letter before action claim should be 430 (650 total) with another claim going in for the 150 o/d charges which have now been covered by the part refund i got today.tough luck for refunding the pending ones abbey i didnt ask you to sort of thing and its their loss?

 

confused, i am , but it looks like if anyone is making a claim and are o/d with seperate charges , they will try and confuse the issue with claim,current/pending charges.

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further to my previous post above i now realise exactly what abbey are trying to do and would be grateful if a mod could go through the below letter , a cross between LBA and rejection of offer letter.

 

i have done this because the LBA template states that they havn't yet responded to my prelim letter , which they have , and i wasnt sure what one to send first , the rejection or the LBA and was hoping that this would cover both.

 

if i'm wrong and a certaing set procedure HAS to be followed exactly then advice on what to do next would be appreciated.

 

 

(I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £645 less 220.00 already refunded to my account.

I will accept the sum of 220.00 offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

Although your letter states that you will cancel charges to the sum of 260.00 as a gesture of goodwill, during my telephone conversation with yourselves on 02/10/2006 your representative stated that 40.00 of the amount refunded were reversals of charges due in octobre and November for which I thank you, however these charges were not in my letter dated 14th august and do not form part of my request for refunds of charges or in this letter before action,leaving the amount still owing to myself as 425.00.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the [XXDATE OF FIRST LETTERXX])

thankyou in advance for any advice on this matter

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