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    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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Barclaycard SAR


anney63
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ok explains things nicely.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well defies belief what I received todat . This was my response requesting breakdown

Re; Your letter dated 19th November 2012

 

This is the what I sent requesting any further data and Breakdown. Today

You failed to respond fully with my Subject Access Request dated 23rd April 2012 while you clearly had data available back as far as 2001. Should you be withholding any other data which you have not disclosed then please send by return.

Accordingly I require a full list of all PPI data or copy statement’s, as well as a DETAILED breakdown as to how you arrived at both PPI refund offers, as previously requested.

Please be kind enough to send these by return

 

Today I received This: [ATTACH=CONFIG]39856[/ATTACH]

Subject access request was sent 23rd April. I requested any further data they had as they had suddenly found statements for 2001. now they want more money !!!!

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Hi Anney,

 

Letter could be sent by Recorded Del'y as follows to the address to which you sent the SAR Non-Compliance letter:-

 

Dear sir or madam,

 

FORMAL COMPLAINT - Account no: xxxx xxxx xxxx xxxx

 

Your were sent a Subject Access Request on 23rd April 2012. This obliged you to provide me with information or data held by Barclays Bank plc about me.

 

I sent you a further letter asking for data which you clearly hold but have failed to disclose as required.

 

Copies of these letters are enclosed for reference.

 

I have now received a ridiculous letter from you (again, copy enclosed) saying you cannot comply with my request as the £10 fee was not enclosed.

 

I paid the necessary fee back in April and you have no right to request any further fee from me in this matter.

 

I require from you within 7 days :-

 

1. All account data regarding my account that you have not previously sent to me, particularly data or statements for the period [use the date from which you HAVE data] and earlier.

 

2. A detailed breakdown of how you arrived at the proposed PPI refund figure.

 

If you fail to respond as required, I will make formal complaints about your failures to your own Head Office, the ICO and the FOS.

 

Yours faithfully,

 

See what comes back............... :-)

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Thanks slick will do. The letter comes from Leicester but the envelope had a label on the back as follws : Data Protection Team

Barclays Bank PLC

Radbroke Hall

Knutsford

Cheshire

Wa16 9EU Should i use this address or the Leicester one.

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Hi Anney,

 

I'd use the Knutsford address.

 

:-)

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  • 4 weeks later...

40 days yet?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No

 

but this was originally SAR in April

Barclaycard keep finding more bits and pieces as I question thier PPI offer .

 

I phone just to make sure they have received everything and was told that the claim where I have requested the breakdown 3 times

has now been sent to the Sar Chamber on 18th December

who, I was advised

are the top people dealing with PPI issues and as yet nothing from the Knutsford Address re SAR for any other paperwork they are witholding.

 

This whole claim has been a nightmare .

 

Barclaycard just are not playing ball.

 

I note that others are not getting the detailed breakdown and are just getting fobbed off.

 

Never Give Up !!!!:roll:

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Hi Anney,

 

If they are messing you around by not supply data required by your SAR (and this could include details of the PPI refund offered), then you could consider court action to force Barclays to comply with your SAR.

 

They will usually supply any data which you need in response to such court action and also pay nominal damages which you claim for their failure to comply with the SAR when they should have done.

 

See the following links :-

 

http://www.consumeractiongroup.co.uk/forum/content.php?593-Data-Protection-Act-Non-Compliance-Template-Letters

 

http://www.consumeractiongroup.co.uk/forum/content.php?571-Data-Protection-Act-Non-Compliance-Particulars-of-Claim.

 

Alternatively, you could complain to Barclays HQ and/or the FOS but both these options are likely to be slow and fruitless.

 

:-)

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  • 1 month later...

Found a phone number for Executive Office so thought I would call on the Off Chance that they had something to do with Star Chamber. Got really helpful person who is following this up and calling me when she has some news. Maybe action at last but in the queue with FOS if not !!!

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Just had a call from Executive Office at B/Card. Will not change thier stance on calculations for average and the use of 4 0 balance statements . Say if we can send them a statement prior to 2001 they will revisit. I have sent all to FOS can anybody tell me if they will look at the way this average has been calculated and look at it differently. 4 months with zero balance in 2001 surely cannot cover 1992 to end 2000. Any comments would be appreciated

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just noticed a thread where someone got thier data back to 1998 . Do you think its worth trying c/court. I've got as far back as 2001 which they sent when I insisted they check the redress, Funny how they found them 3 months after they made thier offer ???

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Hi Anney,

 

You have to try and judge when you have got the best offer you're likely to get with the least amount of hassle. Involving the FOS is likely to take a long time with no guarantee that they'll get you any better result. The FOS will not get you any older data.

 

If you already have info back to 2001, even with court action you are unlikely to force disclosure of older data.

 

If you have no older statements to give to BC, then, IMHO you need to give serious consideration to accepting their offer.

 

Although I can see merit in arguing that you would have made purchases during the early period of the a/c, you need evidence to support your contentions. Without it, you may be banging your head against the proverbial brick wall.

 

Have you had a response to your SAR letter yet ?

 

:-)

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yes they have sent paperwork back to 2001. I am going to check everything in hand in case there is something I have missed will make them revisit as they have stated they will do. I just feel that thier finding documents and sending them back to 2001 3 months after the offer was made appears rather odd when they did not send it with SAR . I will keep searching just one piece of paperwork will do it. Musnt give up . They still have not sent the brakdown after chasing numerous times. Thanks for help

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Mustn't give up.

 

Of course you mustn't if there's a chance you'll find some older data .........

 

...... but you should also know when to accept what's offered if it's probably the bets you'll get.

 

:-)

We could do with some help from you

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Thanks !:-)

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It's probably just coincidence, but my average calculation was also worked out using just 4 months of data that Barclaycard had previously insisted didn't exist. I'm waiting for them to send me these statements before deciding what to do next - has anyone reported Barclaycard to the Information Commissioner for withholding data?

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I've been looking at print outs they sent found a few interesting notes. The new card wasissued in April 2001 I didnt think they changed them without some sort of history. There is also a line which states last authorisation 7/02/1997 does that mean it was used on that date if so that proves it was used prior to 2001 which is what I need to prove loads more to go through

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Hi there - just a quick query, I'm in a similar boat in that B/C have agreed that they have missold and will be making an offer. My SAR produced statements to nov 2006 and the PPI was levied from 1989 to 2007. Obviously I don't have any of those statements so just wondering what offer I'll get. I've read on here somewhere that where no statements available that B/C run a decreasing amount backwards to zero so from 25 quid to zero incrementally but your case seems to state that they take the last 4 available statements and average the ppi element and run that backwards..... For my case that would make a difference of about 2k before it gets applied to the outstanding balance which would be quite a difference. Did, when you got the breakdown, they apply any interest to the amount of charges they reconstructed? Anyway good luck with getting some restitution from B/C!

Sc

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it would be interesting going to the FOS.

 

there is no way, they would rule that you

made no transaction on a card for xxxyrs.

so were owed nowt

 

that eould not be fair and resonable

 

and i doubt they'd agree with BC on that statement principle.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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