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    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later the your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. So if you subtract the time you took to drive from the entrance. look for a parking place and park in it perhaps having to manoeuvre a couple of times to fit within the lines and then unload the children followed by reloading the children getting seat belts on etc before driving to the exit stopping for cars, pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
    • New version after LFI's superb analysis of the contract. Sorry, but you need to redo the numbering of the paras and of the exhibits in the right order after all the damage I've caused! Defendant's WS - version 4.pdf
    • Hi  no nothing yet. Hope it stays that way 😬
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Dene vs Barclays ********WON******


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hello. in the process of trying to claim back the charges. but have a couple of questions.

 

story so far...

1/10/06

sent subject access request letter from the library.

 

4/10/06

received a letter from a one Peter Townsend returning the cheque and basically saying the statements would arrive soon.

 

part of the letter threw me a bit but im hoping this is just a standard thing they send out now...

As regards your mention of "manual intervention", the Data Protection Act does not oblige the Bank to comment about internal policies and procedures. Furthermore in the context of managing of day to day transactions arrising from out of order accounts, the Bank does not hold the information you have requested in a form that would be covered by the Data Protection Act. Whilst aggregated information is retained for statistical purposes, this would not constitute personal data under the Data Protection Act and therefore would not be covered by a s.7 Data Protection Act subject access request. For the avoidance of doubt the fact that we do not generaly record information in a way that is caught by the provisions of the DPA, is in no way an admission that there was no such manual intervention"

 

I find that last bit slightly worrying? should i be worried by this?

 

 

so anyway. today

9/10/06

 

Received 3 envelopes stuffed with statements.

 

we have gone through them noting the Paid Referals, Unpaids Out and Unauthorised OD fees and entered them into the Basic Bank charges spreadsheet as found here...

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

Its giving a total of £2810.00 back as far as Nov 2000 with an 8% interest of £534.48

 

Im a little confused as what to do next. Do i just enter these two figures into the preliminatry reproach for payment letter as shown here?

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

 

 

Hope someone can help me with these couple of questions so we can take this to the next stage.

 

thanks

dene

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Good afternoon. Your next step should be to send the schedule of charges spreadsheet. You need to make sure that you aren't chasing the 8% interest at this point. This only comes into play if you file on money claim. The interest that is mentioned at this point is the interest you have aacrued whilst you have been overdrawn due to the bank stinging you with charges. Also, I amended the spreadsheets once I had entered the data and made two copies of it. One with the 8% when you file and one without for now. Print the one without 8% on now and enclose it with your polite preliminary request for payment. Hope this helps. If I have helped, please click on my scales!! Good luck, let the quest begin

  • Confused 1

If you think I have been any help at all, click my scales, go on.... You know you want to! :lol:

LLoyds: (Husband) - *Settled in full* 20/12/06

Halifax: (Mum) - *Settled in full* 05/12/06

Studio: *Settled in full and more* 09/12/06

GE Capital - *Settled in full* 16/11/06

Barclays: - *Settled in full* 04/01/07

Capital One: - *Settled in full* 02/02/07

MBNA: - *Settled in full* 30/01/07

Yorkshire Bank (Friend) - *Settled in full* 30/06/07

LLoyds TSB x 3 in progress (Friend x 2 and Husband again)

Abbey National in progess (Friend)

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Its giving a total of £2810.00 back as far as Nov 2000 with an 8% interest of £534.48

 

No. What you do is edit the text to:

 

"I calculate that you have taken £2810. I am enclosing a schedule of charges ..... etc"

 

unless you are claiming the interest they have charged you. Don't get confused with the 8% interest. That's not in the game at this point. I think I can safely say that the majority of people don't go for the interest charged in the statements as it's abit fiddly to work out. But, that's up to you. I didn't because in my case it didn't add up to much.

 

When you print out the schedule, you should "set print area" in the excel spreadsheet but don't include the "days since offence" and "Interest @ 8%" in that area.

dene

 

Good Luck, but, if you need any clarification, ask here.

 

If you're happy with the advice, click on the scales on top right of this post.

  • Confused 1

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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Standard garbage; ignore it and stick to your own schedule.

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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  • 3 weeks later...

Don't be nervous - it is a bit scary taking on such a huge company. You are not the first remember, many people are going through this with you and you can follow the threads of those in front of you.

 

Just stick to the step by step guide and hold your nerve and be patient. It wlll take a long tme.

 

Spotty

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

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7/11/06

 

Ok received a letter from Head Office Customer Relations...

 

May I say how sorry I am to learn that you feel the bank charges you have incurred are unfair. In your correspondence you have refered to elements which you feel support your claim. Barclays is aware of the information you have drawn to out attention. I must inform you, however, that we disagree with your view.

 

When an account is opened with us, our customer is provided with a copy of the terms and condition relating to the use of their account including details of our charges.

This information clearly explains our obligations to our customers as well as their obligations to us. If we make any changes to the terms and conditions we provide details of these changes to our customers in line with the banking code. Details of our terms and conditions along with our charging tarriff can be obtained at any of our branches or via our internet site www.woolwich.co.uk/barclays.co.uk.

 

Despite my comments above in relation to your views, on this occasion, and without any admission of liability, I am willing to offer the sum of £1000 towards the total amount you are seeking. This is with the cost of inconvenience inherent in a further dispute in mind and is intended as a gesture of good will, in full and final settlement of your complaint.

 

So I send a letter back accepting the £1000 as a part settlement but say will be still going ahead with the claim for the rest?

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9/11/06

Sent letter as response to offer of £1000 rejecting it as a full and final settlement.

 

Ok so now with the dealine coming up. I need a few things clarified if someone would be so kind.

 

When I make a claim using MCOL on the website. What happens next?

 

do i need to send a copy of schedule of charges (including 8% interest) to BOTH the MCOL people and to barclays bank? If so what addresses should these go to?

 

Is there anything else i need to send or do at this stage? Im sorry if these are FAQ's but ive read through the site and i think ive confused myself by downloading the Court Bundle found in the library. Just want to make sure im 100% on this before going ahead.

 

thanks again

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You now need to produce a schedule that includes the 8% interest and you should, after filing your claim with MCOL, send one copy to MCOL by post, and, at the top of that one, you must put your claim reference number which MCOL will have given you. Produce another and substitute the MCOL number with the reference number from the Banks’ letter to you.

Include a letter in each referring to the schedule, and mention that you have sent the other party a copy of this schedule. I have sent every one of my letters by recorded delivery. Some people here say that that is not necessary but I did anyway. It’s up to you at the end of the day.

 

Here are the addresses:

 

Barclays Bank PLC

Litigation and Disputes team

Level 29

1 Churchill Place

London

E14 5HP

The Court Manager

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

Take one step at a time, and you'll be fine.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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well..just went to fill in the MCOL form and was amending the one found in the library when i noticed

 

the first item in my schedule of charges is now 6 years and 1 day ago!

 

should i ammend my schedule of charges accordingly (inc claim totals etc) or keep to my original schedule?

 

a quick reply on this would be appreciated as i'll hold off filling in MCOL until tommorow night.

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so, just registered my claim with MCOL and paid the fee.

 

As i understand it now i need to PM a moderator with my claim number etc??

 

And now i should start getting my court bundle together? ie making copys of all the statements i received from my SAR??

 

no going back now :o

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  • 3 weeks later...

6/12/06

 

Received Acknowledgment of Service from Northamton couty court today. The Deadline was the 6th!!

 

so as i understand it they now have until 20th December to submit a defence? Being that the claim was deemed to be served on 22nd November?

 

Do i now just wait and see what happens? or is there something else i should be doing over the next couple of weeks? ie I havnt done the court bundle yet so should i wait for them to file the defence or start this now?

 

thanks

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  • 2 weeks later...

Hello again bit of urgent help please...!

 

Barclays were deemed to have been served 22 nov. 28 days deadline takes it up until today!!

 

Haver received nothing from Barclays since the aknowlegment.

 

So do i go ahead and start judgment on the MCOL site?

 

Bearing in mind the aknowlegment may be stuck in the christmas post?

 

a quick reply of someone would be a great help as i can then go ahead and start judgement (im inclinded to do it anyway mind)

 

thanks

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If, by now, the MCOL page doesn't show "defended", try clicking on the judgement botton after midnight tonight or in any case before 9am tomorrow and see whether it lets you do it. If it does, it will be dealt with tomorrow. If not, the court may have a backlog of paperwork and it's maybe because of this that they havn't got to the bottom of the pile yet.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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Sorry to disappoint you but don't count your chickens just yet. They have a knack to carry on by the skin of their teeth. Everything last minute with them.

 

You will get your money, but not just yet. My prediction? - Mid to end of February.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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