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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • 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 then 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. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  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.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Financial Ombudsman - a recommendation


BankFodder
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I had no idea that the FOS was held in such low regard. I thought my experience with them - I ended up just doing everything myself - was an unfortunate rarity and put it down to bad luck but reading your message it seems I am one of many.

 

This morning I received a reply from the Nationwide Building Society to my initial letter claiming back bank charges - more or less telling me to get lost - in which they advise contacting the FOS if I am not happy with their response.

 

It seems I would be better off dealing with the matter myself.

 

However, in light of your message I shall certainly be writing to the FOS.

 

Thank you.

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Re: Cadencealex...................Its a shock to me that your beneits are being taken by a bank to pay off bank charges. This is a disgusting form of extortion which you would only expect from Mafia loan sharks. I do believe, any kind of state benefit cannot be used for loan paying nor indeed for penalty charge payments. The money in all respects belongs to the children concerned and indeed a parent receiving these payments does so, merely as paymaster for a minor. I suggest you preuse Social Security legislation to firstly establish what benefit payments cannot be used for - Good Luck

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I had no idea that the FOS was held in such low regard. I thought my experience with them - I ended up just doing everything myself - was an unfortunate rarity and put it down to bad luck but reading your message it seems I am one of many.

 

This morning I received a reply from the Nationwide Building Society to my initial letter claiming back bank charges - more or less telling me to get lost - in which they advise contacting the FOS if I am not happy with their response.

 

It seems I would be better off dealing with the matter myself.

 

However, in light of your message I shall certainly be writing to the FOS.

 

Thank you.

 

Hello Kevin

 

Yes, you got a standard "SodOff" letter, which is what we all get from them. The FOS has its' uses I guess, but apparently not in the case of reclaiming penalty charges.

 

But, as you will know, I think, you don't have to deal with the matter yourself. You can deal with it with the help of all these good people here.

 

...and boy, are they good !!!

 

Welcome and good luck.

 

Bill. :)

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I have just written back to my bank, Norwich and Peterborough as they threatened to close my account and just pay me 50% of charges they EDITED from me.

I have also re-written to the Banking Code Standards Board and to the Financial ombudsman. Here is a portion of my letter to them!....

 

I am very disappointed at your response to my letter of (***) as you failed to support my complaint against Norwich & Peterborough Building Society.

This, and other banks have caused me to suffer great hardship by their arrogant attitude and continuing denials that their excessive charges are lawful yet I know, and you know that they are indeed not!

As Ombudsman, it is your duty to protect vulnerable account holders from the might and monopoly of the banks, building societies and other financial institutions who use and abuse their positions of wealth and power to victimize the poorer members of society by continuing to commit offences under the 1977 Unfair Terms (contracts) Act and the 1999 Consumer Credit Act (Unfair Terms in Consumer Contracts) including possibly the Sale of Goods Act, and many others.

These companies are constantly flouting and breaking the law, seemingly with impunity, causing many of their customers (especially myself!) to suffer serious financial hardship, stress anxiety and ill-health brought on by the worry and the need to needlessly pursue the right to have these charges refunded.

In some cases, customers have been driven to suicide because of the actions and attitudes of greedy, predatory financial institutions in their pursuit of their obscenely high profits!

It is well past the time that all of these lawbreaking companies are forced to stop applying these unlawful and punitive charges and refund all charges to those who have been targeted, without the customers being harassed and forced to pursue the right to get these charges refunded without suffering the stress, anxiety and extra expense of having to write several letters to these companies who continue to break the law by insisting that their charges are lawful!

These companies should also be forced to pay punitive penalties for their years of abuse of customers accounts which, in some case could be construed as THEFT!

I have now passed this on to my Member of Parliament, asking him to put this before the Independent Parliamentary Banking Committee.

 

 

 

I have now opened a new account elswhere, and will now ask N&P to accept a payment plan for my overdraft and freeze any interest - less of course, the £59.00 they still owe me.

 

Don't depair. Don't be frightened by their threats - Go in guns blazing - I do!

 

Rhino69

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Right on, Rhino. Watch out - you might get a word in line 2 forcibly edited by a mod (and they don't use local anaesthetic !) I have so far managed to get away with "nicked" - if you want to edit it yourself !! Notwithstanding the above, I share your rage !! :-x :-x :-x

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NIce one Rhino

 

Done mine but does anyone think that complaining to an ombudsmen can achieve anything. I'd rather sign up to an online petition - how about that CAG

 

MAC

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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Hi all

I have just signed up to the Phil Whitmore petition and there are only 22 sigs so far. Surely it would be good to get it put somewhere more prominent on the site and get every site user to sign.

Can you post a link here, Midge ? We can relay it around ourselves, then.

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Cheers mate, well done. Now I think of it, an earlier post mentioned this and I duly signed then, but can't remember doing it !! (which is bad). But the "CRAFT" factor is worth exploiting too with petitions (which is good), so "Gwa'an, gwa'an, gwa'an" - it's well worth repeating the link (á la Mrs Doyle!!).

 

Hopefully, the exponential exposure to the link will prompt such a signing-on level that even Our Tony has to admit that there's a feckin' problem, here. "Noo Labor" (sic) must be reminded, it seems, that "Plebiscite" and "Parasite" may be found at opposite ends of the spectrum. Not sure which end of it the mythical "Crock of Gold" reposed, but it ain't there, now. Let's go get it.

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NIce one Rhino

 

Done mine but does anyone think that complaining to an ombudsmen can achieve anything. I'd rather sign up to an online petition - how about that CAG

 

MAC

Every letter counts.

 

The FO needs to be reminded agaikns and again that his standing amongst the public is extremely low and that there is no confidence in what he does.

Complain also to the OFT and ask you MP why he is not doing anything.

 

Beware - all of these people will flannel you with a standard letter.

 

You must knock back their letters. Make it clear that you know that you are being flanelled and insist on a direct considered response

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...insist on a direct considered response

I shall do that, in future - thanks BF

 

I have placed a link to the above petition in my sig., now, and will be referring to it in my posts as often as I remember (seein' as our sigs are not showing up on every post now).

 

However, I have seen a post where the idea of doing this without admin's permission is a bit cheeky. Fair enough, and I'll remove it if I must.

 

Can you tell us if this is OK, or not.

 

And congratulations on Friday's demo. OFT appear to have publicly condemned themselves by their lockout and neg. response to your request to parley.

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Hi,

I have tried to find any small business's in the ML10 area of Scotland who would like to start a campaign regarding the crucifying RBS bank charges .

The difficulty I am having is that most of your site are consumers and the situation is slightly different. I am currently awaiting a response from the Ombudsman and the wait is excruciating.

I have had some very good and encouragement from "hageuk" but I feel out on a limb at present, as I'm sure you know once you contact the Ombudsman everything grinds to a halt.

Could you put me in touch with any other small business'?

Thanks,

Vicki

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Hi vicki, dont know of any there but you could try the Govan law center in Glesska.

Unfair UK Bank Charges Free help from Govan Law Centre, Glasgow

 

Their emails have not been updated since the 30/09/06.

Andrew

ASI Industries = As i in does tries!

 

As i in does tries!: My definition.

I will try, i may never succeed in the goal, but at least by trying i have a greater chance of success than never trying at all!

 My opinions are my own & occasionally may offend, but it is not my intention to cause offence in the first place!

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In response to my complaint to the FOS about a month ago, I received a letter from the FOS this morning informing me that LTSB is willing to pay me £250.00 for "distress and inconvenience".

 

This is on top of the full refund plus interest at the contractual rate, which I have already received following obtaining judgement in default, which I did without going through the FOS.

Lloyds TSB - £3,300.00 + £250.00 from FOS.

***FULL SETTLEMENT RECEIVED***

 

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Have just sent my email to Financial Ombudsman.

Halifax
- Offer of £564 received, 06/11 - sent LBA and Refusal of Offer
12/2006
Sent Complaint to FOS /
Abbey
- 15/10 - Received letter - refusal of payment - , 31/10 - LBA Letter sent,
12/2006
Sent Complaint to FOS, Offer Rec'd 14/02/07 for £4100 /
GMAC - RFC Ltd-
31/10 - S.A.R - (Subject Access Request) /
GE Capital Bank (Arcadia) - Debenhams -
31/10 - S.A.R - (Subject Access Request) /
GE Capital Bank (Arcadia) - Dorothy Perkins-
31/10 - S.A.R - (Subject Access Request) /
Kensington Mortgage Co-
31/10 - S.A.R - (Subject Access Request)
Chiggins

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Does Anyone On The Site Think The Oft Has Any More Clout Than The Ombudsman? As I Have Made A Formal Complaint Not Just About Charges But Overselling And Miss Selling.

I Wondered If Writing To John Fincklton Oft Chief Exec Would Have Any More Effect.

FWIW, I would say:-

 

1. No.

 

2. Do both.

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Guest Battleaxe

If you saw the programme lon BBC 2 last night, the FO stated they about 1000 complaints in the office at the moment he is recommeding to the banks that they pay back the charges to the customers instead of dragging things out. maybe the FO is realising that they only have the tip of the iceberg hitting them and will finally come out with a definitive recommendation.

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