Jump to content


  • Tweets

  • Posts

    • Is there any argument I can add to the defence about the fact they turned £165 into £259?
    • Looks like they are just submitting their previous WS as their case so the new COP should bite them on the bum, along with no Keeper Liability.
    • a) Debit transfer into his personal account  b) i - yes     ii - yes   iii - initially quoted £25,000 - £30,000 for the whole job.  This escalated to nearly £44,000.  Would ask for money in stages for materials and labour. c) Runs a Ltd company with his wife d) Assets include van, own digger, dumper and cement mixer but kept in unknown location    Solicitor advised not to throw good money after bad as he could just shut down company.  
    • 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.
  • Recommended Topics

  • Our picks

Hello


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5650 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi There,

 

After reading some of the messages on this sight I am feeling very positive about reclaiming my bank charges.

 

I dread to think how much it will total to when I was being charged £80 on most occassions.

 

Does anyone know, do I have to send a sperate 'Acccess Request' letter to each bank that I have held accounts with in the past six years:confused:

 

Thanks :)

Link to post
Share on other sites

Hi Whirlwind127

 

Yes a separate letter to each bank. If you had more than one account with a bank,then just one letter with your account numbers etc..Enclose a £10 check with each one. You could call them first, may cost you nothing.

 

Before you start please have a thorough read of the FAQs (there’s a Step by Step guide here too). You should print both of these out to refer to, so as to avoid having to ask basic questions later.

 

Then look at other threads in your bank’s forum, so as you know what you can expect to happen. You can claim back your charges, and a few are trying for the payback of Early Redemption Charges on loans and Mortgages.

 

You need to spend 2 or 3 days gradually getting your head round everything. If you find a forum/thread/post of interest, save it in your Favourites, so as you can always find it easily.

 

There’s a lot to take in, but it’s time well spent and will ensure that you succeed in your claim without problems. Remember it’s not a race, don’t rush, just follow the guidelines one step at a time.

 

This is a self-help forum and you must be prepared to put in time and effort. It is your claim, your money and you cannot expect others to do all the work for you.

 

When you feel confident that you understand the process and the various stages involved, start a new thread in your bank’s forum and post your progress and any questions there and you’ll get plenty of help.

 

All the info to get you started is here:

http://www.consumeractiongroup.co.uk...se-read-these/

 

There are more links below to assist you get around the site.

 

Good luck

 

Ukaviator

  • Haha 1

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

Hi There,

 

I am very encouraged from what I have read, I myself have paid over £300 on occasions in charges at the end of a month. I am looking to change banks prior to going into dispute with them though, is this wise ?

 

Many Thanks

Link to post
Share on other sites

Hi Stimpy,

 

Please set up your own thread and try not to hijack others, apart from anything else, it makes it easier for us to help you if you have your own thread in the relevant forum.:)

 

Please read all the FAQs so you feel comfortable with the procedures, it will make everything a lot easier for you.

 

It is advised that you open a parachute account, just in case your bank decides to get nasty, full details are in the FAQs.

 

Best of luck to you ;)

PLEASE READ THE FAQ's

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...