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    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
    • Thanks, I am worried because on the citizenship application they ask if I received warning, I am not sure if TFL warning this the same police warning or not?? 
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HSBC are charging me £45 for direct debit OD's!! - what!!


UpsetandSkint
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I recently checked my internet banking account and HSBC are charging me £45 for Direct Debit overdrawals. I certainly did not overdraw the money but it was unexpected. It's ridiculous that they are charging me just because I was about £25 over?

 

I am currently umemployed due to being a full time mother and on benefits (I am currently looking for a job). I cannot really afford to pay that £45 charge!

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no just a recommendation

 

anyway you are on benefits

and they are levying unlawful charges under BCOBS thats a NONO

 

send them this:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?353395-Letter-to-send-if-you-are-being-charged-bank-fees-whilst-on-benefits

 

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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There is a cap on charges banks can make for things like this - I'm quite sure it's something like £12

I'm afraid that there is no cap. The cap is for credit card charges - not bank charges.

However I am surprised at this level of charge. Can you check it again please.

 

You should write to your bank - not on the phone - sending them a letter of appropriation

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I can't use the phone anyway and I do not have one single credit card. It is definitely £45 they are charging me for between 26th November and 26th December. All because of Direct Debits. If this does not get resolved, I will be hauling my ass to Citizen's Advice Bureau. I just moved houses as well and already struggling to pay the bills, get food in (even tho my parents are great with this) and on top of it, pay direct debit i.e tv license, virgin media and mobile phone (need mobile phone to text)

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send the letter from the link it post 3

 

it has worked before

 

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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  • 2 weeks later...

Ok. I did go to the bank and asked for the charges to be removed.Sadly they refused even though I told them I am on benefits. They have took the charges and I have emailed them with a letter and the links you have given me (copied and pasted what was typed)

Edited by UpsetandSkint2
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Lloyds used to charge me something ridiculous like £30 for that amount that was a good few years back.

 

They recently charged me £10 for the DD being bounced back (they said if we "lent" you the extra amount the charges would have been more. However, it would have been £12 borrowed so dont know if they would have been more or not!)

 

£45 is asbolutely insane "the world's local bank" yeh right!

I went all the way to court to seek compensation for "damage to creditworthiness" against HSBC. I lost unfortunately.

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I dont know what its charges must be abroad. Probably charges you for using a UK card abroad?!

 

Won't ever experience that, never go back to them. Tsb all the way for me!

I went all the way to court to seek compensation for "damage to creditworthiness" against HSBC. I lost unfortunately.

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£15 per overdraws from Direct Debit. So that makes it a total of 3. They have asked me to go in tomorrow...HOW?! They flippin' took £45 off me which could have been meant for food! I have zero, zilch, nada in my bank account! Cheeky fks!

 

I do not drive, cars are too expensive. Don't have a license anyways. Buses for me are not cheap. £4.25 for a daytripper!

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p'haps you are targetting the wrong people

 

goto the CEO

 

i can ASSURE YOU

 

the letters DO WORK

 

and they sit up and beg rather quickly.

 

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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Hiya. Some good news :-D They have refunded my charges back! I am so so so so happy!!!!!!

 

What did you submit/say? Did they give a reason?

 

If you got this in writing please do keep it, you might need it again. It is quite common with them. They will offer you something, then months later try to pull the plug like they did with me.

I went all the way to court to seek compensation for "damage to creditworthiness" against HSBC. I lost unfortunately.

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