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    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
    • Thank you so much. Yes, I wish I had done my research and not paid. It's all for the same car park. Here is one of the original PCNs, they are all the same bar different dates. PCN-22.03.24-1.pdf PCN-22.03.24-2.pdf
    • Hi Clou, Welcome to the Forum and thank you for reading first before you posted. There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either.  Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.
    • 1 Date of the infringement 16th March   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22nd March   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received unsure   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] UNSURE   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y] post up your appeal] Yes. Stated incorrect location was used in JustPark app as honest mistake. Rejected of course.   Have you had a response? [Y/N?] post it up Yes, rejected:   Site: Sea View Car Park, PL27 6SR Date of Event: 16th March 2024 We are in receipt of your challenge in relation to the above Parking Charge. Appeals must be handled in a fair and consistent manner, therefore, in order for us to cancel any Parking Charge; it is necessary for us to find that the Notice was issued in error. As per the clear and prominent signage at this location ('The Contract'), drivers agree to pay the sum of £100 if 'A valid ticket is not displayed face-up on the dashboard; enabling all of the printed information to be inspected'. 'The Contract' also details that there is an exception for those with a valid mobile session in place. Had the driver felt that the terms of the contract were unacceptable, they had the option to seek alternative parking. By remaining, the driver is deemed in law to be bound by the terms of 'The Contract'. Our photographic evidence confirms that a valid ticket was not displayed, and a search of our records confirms that no mobile session was in place for the registration XXXX at this location; therefore, your appeal is declined. We note that you have submitted evidence of payment; however, said payment is not for this location. It may be the case that you feel that the charge is unfair; however, there is no legal basis to now reject a charge that the driver has already agreed to pay. In light of the above, the sum £100.00 is payable by 21/05/2024 or £170 thereafter. Our internal appeals procedure is now exhausted, our decision is final; therefore no further correspondence other than payment will be addressed or responded to. Should you disagree with our decision, you may submit an appeal to 'The Independent Appeals Service'; full details are on the rear of this letter. 7 Who is the parking company? Alliance Parking LTD   8. Where exactly [carpark name and town] Sea View Car park, Polzeath, Cornwall   For either option, does it say which appeals body they operate under. IAS Hi there, thanks in advance for any help on this.   Had 3 'PCNs' in post from Alliance for parking 3 times over a period of two weeks, unfortunately we were away from home so letters must have come over the two weeks but we received all at once if that makes sense. I realised I had used the wrong location on the car park app. The signs are not clear what the location is called (no code.) I only had receipts for two instances so I assume the first it didn't go through as had terrible signal. Paid £60 for one of the fines. Appealed the others saying it was an honest mistake and not very good signage (unfortunately submitted on their website and have no evidence of my appeal.) received the rejection of appeal as above.   Have now received the attached letter of claim. I have done some research for the amazing snotty letters but wonder if someone could kindly help me with writing one specific to my case? Thank you so very much in advance. LOC-alliance-1.pdf Apologies, 2nd page of LOC here. LOC-alliance-2.pdf
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AA Car insurance, charges for late payments


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Hi,

i have had 3 incidents this year when lloyds have returned the DD for my car insurance. The latest was particuallrly annoying as the money was transferred into the account 4 days ahead of payment date, lloyds did not clear the funds and then bounced the DD knowing the money was there!

Anyway, as well as then being charged by lloyds, i have been charged twenty pounds for missing/late payments by the AA on each occasion.

can the AA do this?

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Nope - it is the same as bank charges

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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I would deal with it the same as you deal with the bank charges..

 

Good Luck

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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  • 3 weeks later...

Hi reidnet,

sent off modified version of prelim letter to the AA requesting repayment of £60. Received a letter in repsonse at the weekend. The response was along the lines of..."sorry you have had to write to us....we will look into this issue...give us a couple of weeks and we will get back to you."

Well their first 14 days is up this week so i will send of the LBA letter.

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So, i received a letter yesterday from the AA.

In essence they are insisting that they are not in breach of any recent consumer regulations or common law, and that any recent changes relate only to credit card companies and do not a apply to loan and financial agreements.

There legal department insist that this matter does not fall into consumer regualtions or common law, but if i can quote the exact breach of legilsation then they will look into this further.

Any thoughts anyone??

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  • 2 weeks later...
So, i received a letter yesterday from the AA.

In essence they are insisting that they are not in breach of any recent consumer regulations or common law, and that any recent changes relate only to credit card companies and do not a apply to loan and financial agreements.

There legal department insist that this matter does not fall into consumer regulations or common law, but if i can quote the exact breach of legislation then they will look into this further.

Any thoughts anyone??

 

The AA are a tough cookie even when you have all the facts and they have admitted they are wrong, they will drag you through it but keep it up and keep it strong.

They are no different to any other lender / insurer they have to be held responsible for their miss treatment of customers and their accounts.

 

My case is now with FSO its quiet detailed but its pure neglect of responsiblities.

 

Read the AA ruined my New Year, in this section.

 

BL:)

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So, having sent me a letter which basically said in their opinion tjey are not in breach of legislation or common law, that this only applies to the banks.

The AA then send me a letter telling me they cannot proceed any further with my complaint as there was no documentary evidence supplied by me, and therefor they have made arrangements to close my case.

Cheeky sods, i sent them a schedule of charges with my preliminary approach letter! and they have there own records too!

So on wedenesaday i sent them an LBA letter. In it pointed out that they hade received a schedule of charges, they could also cross check this with their own records, and pointed out that they made no request for documentary evidence in their first response letter.

I enclosed another schedule of charges, a copy of statements showing these three deductions from my account, and advised them that if i do not receive a full refund in 14 days that i will commence legal proceedings.

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KFD

Sorry hun had my thread deleted i was so cross with the baltent ignorance of the FSO returning my claim twice.

 

HOWEVER some good news, the AA coughed up £170 today.

It took 11 months and hard graphed but they did it.

 

I applied for 2 phone call recordings, you keep kicking if you know your right dont give up.

 

BL

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KFD

Sorry hun had my thread deleted i was so cross with the baltent ignorance of the FSO returning my claim twice.

 

HOWEVER some good news, the AA coughed up £170 today.

It took 11 months and hard graphed but they did it.

 

I applied for 2 phone call recordings, you keep kicking if you know your right dont give up.

 

BL

 

Hi BL

good for you. Glad your persistance paid off. i read your thread... what a nightmare you had with them.

i will keep at them. Will start my action soon quoting the unfair terms and conditions in contracts regulations etc.

 

well done and congratulations BL

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So, now i have provided them with documented evidence of the charges they have returned to their original argument, namely the legislation relating to charges applies to credit cards only!!. Again, if i tell them whcih regulations they are breaking they will look into it. !

I am not letting this lie. Looking through the statutes library the only one i can see to refer to is the unfair terma and conditions in contracts regualtions 1999, section 5 "

 

Unfair Terms

5. - (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

 

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

 

(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.

 

(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was

is this correct?

AA were quoting the terms and conditions which are regulated by the consumer credit regs 1974, but i noticed that in the exemptions in section 16 it list insurance companies.. any comments anyone?

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Hello,

 

not sure if this is much help, but the AA is wrong when they say the law only relates to banks. It applies to any parties that are bound by contract.

 

look at the Court Bundle and the majority are between 2 companies, not banks.

 

Dont let them side track you. As the AA will not have got many charge refund requests I would imagine they don't really know what to do. As soon as they pass it to their legal section (probably when a claim has been made through the courts) I will imagine they will cough up.

 

NB: Insurance Companies is very loose. I would interpret an Insurance company as someone who writes a risk and pays the claim. The AA are an insurance intermediary - a glorified introducer.

 

My advice is when the LBA timescale expires, go to court.

 

Good Luck

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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Yes

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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  • 2 weeks later...

Sent off the letter to the AA quoting unfair terms and conditions acts etc and ........nothing ! The silence is deafening!

so guess i will start the moneyclaim online process. Anyone have any ideas on the wording. would i use pretty much the same as for the bank charges?

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Received a letter from the AA. They have agreed to repay the £60 in late payment charges they have taken from me.

paraphrasing the letter...

"our technical department (would think this means legal dept) have advised me that the earlier letter they sent to me had incoreect information in it...next year the law is changing in regards to charges applied by the financial industry....OFT have asked the credit card industry to reconsider charges they apply....OFT will be approaching other areas of the financial industry in respect to their charges.... because we provided incorrect information we will this time refund your money...etc etc....

So loosely translated...the laws and regulations already exist and because you have challenged our charges under the unfair terms and conditions regulations we have no choice but to pay up...but we wont admit that!

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well done!

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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  • 3 weeks later...
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