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    • then there is your proof to them why would you pay for BB twice!!   for my notes: GENERAL NOTES ON CHARGEBACK & Continuous Payment Authority & BACS   .....  We have been telling people to put a letter into their bank instructing them  not to make any payments under any circumstances to these companies  . http://whatconsumer.co.uk/visa-debit-chargeback/- it works! usually this should be done using the number on your debit card  .  banks MUST follow written intructions from their customers ! . CANCELLING YOUR DEBIT CARD DOES NOT STOP CPA'S  .  This fsa guide has now been updated:  . http://www.fsa.gov.uk/static/pubs/consumer_info/know_your_rights_guide.pdf http://www.fca.org.uk/news/continuous-payment-authorities-your-right-to-cancel https://www.fca.org.uk/consumers/unauthorised-payments-account  .  Here's the text:  .  Cancelling a regular  card payment:  .  When you give your credit or debit card details to a company and authorise them to take regular payments from your account,   such as for a gym membership or magazine subscription,  it is known as a ‘recurring transaction’ or ‘continuous payment authority’.  . These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.  .  In most cases, regular payments can be cancelled by telling the company taking the payments.   .  However,   you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.   Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.  .  Be aware, though, that you will still be responsible for paying any money that you owe. and that CANCELLING YOUR CARD WILL NOT STOP THE CPA  .  ..  .  New june 2013  .  Regulator orders Banks and mutuals to review complaints about not cancelling recurring payments from November 2009.  .  Consumers who have set up a regular payment from their account will now be able to successfully cancel that arrangement   by contacting their card provider, the Financial Conduct Authority said.  .  The FCA has been examining how easy it is for customers to cancel Continuous Payment Authorities (CPAs)   due either to payday lendersicon or for other regular payments such as subscriptions or gymicon memberships.  .  CPAs, which are also commonly called recurring transactions or recurring payments,   are relatively easy to set up but can be hard to cancel, causing problems for consumers trying to manage their finances,the FCA said.  .  Now, following the FCA review of how the largest high street banks and mutuals process requests to cancel CPAs, they have agreed that they will ensure that when   a customer asks for a recurring payment to end, that will be sufficient to cancel the arrangement. They have also confirmed that should a payment go through by   mistake following cancellation by a customer the customer will be refunded immediately.  .  In addition to securing this commitment, the largest banks and mutuals have agreed to review every individual complaint they have received about the non-  cancellation of a CPA and to pay redress where payments have continued to be made despite the customer cancelling the arrangement. This applies to all complaints   since November 2009 when the Financial Services Authority, the FCA’s predecessor, began regulating banking conduct.  .  Clive Adamson, the FCA’s director of supervision, said: “It’s important that consumers are confident that banks are meeting their everyday banking needs. Today   customers can be confident that when they ask for a Continuous Payment Authority to be cancelled – it will be cancelled - and that it can be done easily.   . “We recognise that historically this is an area where some customers have struggled but the banks and mutuals have responded positively to our work on this issue.   From now on we expect them to be getting this right. In addition, they have committed to review past complaints.” .  .  Also mentioned your displeasure that as whomever took your money had obviously attempted this many times   probably activating your banks own anti fraud software - nobody had the decency to inform my you this was going on.? .  .In the FSA's own words:  .  ..  What should I do about a payment from my account that I didn’t authorise?  .  Your bank must refund an unauthorised transaction.   Money can only be taken from your account if you have authorised the transaction   or if your bank can prove you were at fault –  . see below.  Contact your bank immediately if you notice an unauthorised payment from your account. .  If you are sure you did not authorise the payment, you can claim a refund.  .  However, your bank does not have to refund you if you do not tell it about the payment until 13 months  or more after the date it left your account.  .  Your bank must refund an unauthorised transaction  .  ------------------  .  Your bank may only refuse a refund for an unauthorised transaction if:  .  ? it can prove you authorised the transaction  – though your bank cannot simply say that use of your password,   card and PIN proves you authorised a payment; or .  ? it can prove you are at fault because you acted fraudulently,   or because you deliberately,   or with gross negligence, failed to protect the details of your card, PIN or password in a way that allowed the transaction  .  -----------------------  .  How quickly must my bank refund me for an unauthorised transaction?  .  The bank must make the refund immediately unless it has evidence that one of the above reasons applies.   Your bank may ask you to answer some questions and fill out a form confirming what has happened,   but it cannot delay your refund while it waits for you to return the form.  If the bank has evidence that one of the above reasons for refusing a refund applies,   it may investigate before making a refund   but must look into it as quickly as possible.   If your bank rejects your claim for a refund it should explain why.  If the transaction was on a credit card, the refund may not happen immediately.   But the card issuer cannot charge interest or ask for repayment of the amount unless it can prove you are liable to pay        
    • Only asking because I want to get my facts right before I approach the bank! Yes, BT is coming out of the same account.
    • not if they want to make the OP the named claimant no!! let them take the other party to court themselves!! the op can be a witness then..   one bitten...read this thread..      
    • eh? no valid contract!   is the BT coming out the same bank AC?  
    • Hi Sorry but i am still stuck on where to go next in all of this.   This week the dealer contacted me at the 11th hour to talk repair of my car. He seemed only interested in the repair in speaking of just one of the problems  and i was struggling to get him to commit to the other fixes required. I asked him about the service history log and the proof that he had changed the cam belt.   He has told me that he will chase the service log book through his accountant. (I'm confused why through his accountant) and that his mechanic would provide the paperwork for the cambelt work, although he is away until September. (I dont believe any of this. He has had months to do this)   Back in June he said in a text to me that he would get my car fixed once his supplier opened for business from the 4th July and arrange a date with me. From that date onwards i was unable to contact him. He didn't answer his phones or reply to my texts or answer machine messages. He has told me now that his business was closed during that time.    I asked him about the 3 recorded messages i had sent him that were signed for. He said that he has not seen any letters. Somehow though he has sold 10 cars throughout May, June and July. I have been watching his stock level on Autotrader and he has been advertising his new stock and his sales on facebook throughout this period. Also he has chosen to contact me this week on the night before i was stating i would take action.   Frustratingly i expressed my desire to return the car to him for a refund and he has told me that because i didn't reject the car in the first 30 days then that wont happen. How could i reject the car if his business was apparently closed, we was not responding to me other than initially putting off any attempt at repair work.   I am feeling completely cheated by this man. He has even accused me of purchasing a car from him that i knew was faulty!!    I have shared my story recently on a Land Rover forum and interestingly a member of the forum has come forward and told me that he had also test drove the car before i did. He said the car displayed the errors i am experiencing and that the dealer had acted suspiciously. This forum member has offered to write me a statement if its of any use?   September the car is due an MOT and it is likely to fail because of the work he has not done. If i take this matter to court and it takes 6 months then what do i do if the car fails the MOT or the faults cause the car to brake down? I need this car for travelling to work and back.   Is it a viable option for me to get the car fixed myself and then claim that cost at court? I need a working car and i do not trust this dealer. He is clearly telling lies and i dont trust him completing the work to a satisfactory level if at all. Im assuming he is wanting to wait for HIS MECHANIC to get back from his holiday too. Strange time to be away for several weeks.   If i was to get my garage to do the repairs i could also ask them to confirm if the cambelt was ever changed. I'm convinced it wasn't.   Please advise. I am incredibly stressed out.
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      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
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      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
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Wardy82

SIP Parking windscreen PCN - Tariff Street Manchester - Incorrect Reg Number

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Hi All,

 

Any help would be greatly appreciated on how I appeal this parking Charge, I paid for the days parking via the PayByPhone app but selected my previous vehicle in error (same make and colour in list with similar number plate!).

 

As per the sticky post here are my answers to the questions;

 

1) Date of infringement: 17/05/18 13:24

 

2) Appeal lodged: No (I have however opened the web page to do so!)

I also have not received an NTK.

 

3) NTK Mention Schedule 4 PoFA: N/A NTK not received

 

4) Appeal after receiving NTK: N/A NTK Not received

 

5) Parking Company: SIP Parking Limited (SIPcarparks.com)

 

6) Car park: Tariff Street, Manchester. (Code 88841)

 

I was parked legally in a marked bay and paid for the parking upon arrival, unfortunately I used my previous vehicles registration number. I have a history of using the car park on a monthly basis with receipts / records of each parking transaction and Reg number they are against.

 

If paid within 24 hours: £35

7 days: £50

14 days: £60

 

Any help would be greatly appreciated! Thanks

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so how do you know they have issued a parking charge if you havent received a niotice? Are you guessing that you will?

 

What have you got in the way of a demand

 

. If it is a letter then that is a Notice to Keeper.

If it was a ticket slapped on the car then that is a Notice to driver.

 

you paid the prescribed fee so that is good enough for the law to be on your side.

 

You need to read about incorrect number input on the Parking prankster's blogspot and you will be reassured of that

Edited by dx100uk
Spacing

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Apologies, it was a notice to driver.

A yellow ticket on the windscreen.

 

I intend to appeal,

I was just trying to find any relevant templates or relevant cases / courses of action etc.

 

I took several photos of the car park / car / signage etc

. just in case I need it (i am not local to the area of the car park)

 

. Its my first parking charge in 20 years of driving and it was due to an honest mistake which makes it all the more annoying.

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To clarify;

 

NTK not received.

 

I have however received a Notice to Driver in the way of the yellow ticket on the windscreen.

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Sit on your hands and do absolutely nothing by way of an appeal unless and until you receive a notice to keeper. It is important that you do not identify yourself (or anyone else) as the driver!

 

A NtK must land on your doormat not before the 29th day, and not after the 56th day. If it lands outside of those days, they've already fallen at the first hurdle :thumb:

  • Confused 1

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Title updated


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks, I tried to comply with the Stickies, apologies on the incorrect title.

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Not going to lie, I don't know if I have it in me to wait it out, I'm on the verge of crumbling and submitting an appeal :|

 

I have a redundancy situation at work, some ill health of a family member at home, and the prospect of having to move house. As small as this may seem to everybody else it just feels like a another weight hanging over my head at a somewhat difficult time.

 

If I submit an appeal, illustrating my payment and error etc does this crush any chance of further challenges?

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No you cant do anything till the ntk arrives

Remember this is NOT A FINE

Its simply a speculative invoice

  • Confused 1

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Ok thanks DX and Dragonfly,

ordinarily I would be full of fight and stand my ground,

I guess with redundancy hanging over me the thought of the £35 turning into £50 then £100 or more is magnifying the pressure.

 

I will stand my ground as advised and do nothing.

 

It may be nothing to you guys but your advice and support is hugely appreciated.

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It's not "nothing" to us. We completely understand, it's not our money.

 

But the advice you'll get here is based (between us all) on years of experience in dealing with most, if not all, of these parasites.

 

We'll always try to give people the best advice for their specific case. Whether or not people follow it is entirely up to them.

 

As I said, it's easy for us, it's not our money.

But based on our experience, following our advice properly will usually see these people defeated.

There are always exceptions of course, but they're quite rare.

 

And where you've simply input the wrong registration, it's covered by a legal term of "de minimis non curat lex" or just "de minimis" which translates from Latin as "The law cares not for small things", so ultimately, these clowns have got no chance of winning any court case they threaten you with.


Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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FWIW We've never lost a mistyped reg one yet!!

loads here already


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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If you appeal you will lose the appeal and identify yourself as the driver and then you will be chased all the way to hell. SIP dont have any record of accepted appeals.

 

WAIT and make them obey the law and then when they get it wrong you can bite their bum over this if you so desire.

 

Nothing else is going to happen in the meanwhile and a dud invoice will still be a dud invoice regardless of the amount or date.

 

The law is on your side so stop worrying about it, you can fire off a letter to them once they have screwed up their NTK content but certainly never appeal until then.

we will help you once the NTK arrives and we have read it.

Your situation is appreciated.

 

 

Not going to lie, I don't know if I have it in me to wait it out, I'm on the verge of crumbling and submitting an appeal :|

 

I have a redundancy situation at work, some ill health of a family member at home, and the prospect of having to move house. As small as this may seem to everybody else it just feels like a another weight hanging over my head at a somewhat difficult time.

 

If I submit an appeal, illustrating my payment and error etc does this crush any chance of further challenges?

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Good evening all, I have an update!

I have now received the NTK.

 

I was away at a wedding from Thursday 21st to Saturday 23rd June last week,

I returned to find the NTK on my doormat.

 

I can only assume I received this either Friday or Saturday.

By my calculations this lands between the 29th and 56th day.

 

I have scanned the NTK and blanked any personal details

 

, any advice on the next move would be great.

 

Thanks in advance

2018-06-22_NTK_Redacted_V2.pdf

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Thread and uploads tidied


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Many thanks DX100uk

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They are saying you didn't have a ticket which you wouldn't have had even using the correct registration as it was paid by phone.

What did the NTD say please?

 

You have to remember that the major parking companies are crooks so it is no use expecting them to act in an honest way.

They exist to rip off every motorist for as much as they can and SIP is no exception.

As others have said here you have paid for your parking so they have no reason to pursue you and definitely no reason to pay twice.

 

Just get on with your life and ignore their stupid letters.

You will also get unregulated debt collectors writing to you who are a total joke who disregard all the laws on debt collecting and try to frighten you by demanding ever increasing amounts, Once they realise that you are not going to pay they then reverse their procedures and ask for less money because they are nice and kind.

Edited by dx100uk
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well, their NTK manages to scramble the law by saying they are going to add an unlawful charge to their contractual/breach of contract charge.

 

As the POFA makes it clear that the only amount the keeper is liable for is the amount indicated in the NTK

adding this threatening bit may make the whole bill void as it could be read as as being an unlawful penalty!

 

However, I would think that they would apologise to a court if they were caught out and still carry on as that judge wont get to read the thousands of similar letters they post out.

 

As for not displaying a ticket, having a pay by phone method negates that as a contractual condition.

What they should say is not displaying the purchased ticket (if applicable) or not paying the prescriibed fee (but that makes the ticket redundant).

In essence they are doing things on the cheap and then try and wheedle money out of the punter when their systems go wrong

Edited by dx100uk
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Hi

I hope this link works

 

 

https://www.google.com/maps/@53.481843,-2.2302439,3a,15.1y,338.14h,83.61t/data=!3m6!1e1!3m4!1sfuvOV9roTAK0hdDFITal-g!2e0!7i13312!8i6656

 

 

Are the signs still the same as this image was from 2017


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi, I took some photos whilst on site, just had a quick look on my phone and those signs appear to still be there.

 

However, there are some additional signs that relate to electronic ticket parking.

 

I can post these up once I am home from work if this helps?

 

Thanks to everyone for your responses and guidance.

Edited by dx100uk
quote spacing

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They are saying you didn't have a ticket which you wouldn't have had even using the correct registration as it was paid by phone.

What did the NTD say please?

 

You have to remember that the major parking companies are crooks so it is no use expecting them to act in an honest way.

They exist to rip off every motorist for as much as they can and SIP is no exception.

As others have said here you have paid for your parking so they have no reason to pursue you and definitely no reason to pay twice.

 

Just get on with your life and ignore their stupid letters.

You will also get unregulated debt collectors writing to you who are a total joke who disregard all the laws on debt collecting and try to frighten you by demanding ever increasing amounts, Once they realise that you are not going to pay they then reverse their procedures and ask for less money because they are nice and kind.

 

Hi, thanks for your response,

 

I can post a scan of the NTD when i get home from work if this helps? The box titled Reason states: "No Ticket Displayed"

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Please do upload anything that helps. As it stands, if they are the ONLY signs on entry to the car park then there is no advisory of terms and conditions but we'll wait and see what you have first.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I will upload the NTD and any photos that I took on the day as soon as I get home from work (will just need to edit and remove any personal details first)

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the demand must match a breach of one of the advertised conditions and those conditions have to be clear and unambiguous.

 

A no ticket displayed where a phone app is used to pay fails on that point so the no ticket cannot be a breach of condition as you would never have one.

 

that is not ambiguity, it is a condition that cannot be fulfilled so an unfair contract and thus void.

 

It is like having a sign saying do not read this notice or pay us £100 if you do

Edited by dx100uk
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Please put all those and others in ONE multipage pdf!!

Else we'll be here all day downloading single images


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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