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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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Complaint Against Barclays, FOS adjudicator sided with Bank, now going to actual Ombudsman for review - Case handler refusing to give copy of my file case unless I submit a SAR?


altosbestos
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Hi there,

 

Have a complaint against Barclays. The case handler already ruled in favour of Barclays (quelle surprise), and I requested an Ombudsman to review this.

 

In the meantime, I also asked her to give me a full copy of my file case, because I think a lot of her reasoning is flimsy.

 

She has refused, saying that I need to make a SAR to have access to that data.

 

Now, in my opinion, this is an act in bad faith, because the SAR can conveniently avoid including communications between the FOS and Barclays, which a genuine copy (with the appropriate deletion of sensitive data) of my case file would contain. 

 

Moreover, the Independent Assessor has, historically, said that: 

 

In a small number of cases I found that the Ombudsman Service had caused avoidable loss. In mid 2010, when complainants asked for copies of documents held on the Ombudsman Service’s case file, they were often told they needed to make a Subject Access Request under the Data Protection Act and pay the standard £10 fee. Under the Ombudsman Service’s policy of natural justice and transparency, complainants are entitled to copies of evidence that the Ombudsman would rely on in order to reach a decision and I recommended that the £10 fee should be refunded. (From the 2010/11 IA Report)

 

So... two questions:

 

1.- Am I right in assuming that this is a deflection tactic to deprive me from key information about my case? This would merit a serious complaint with the IA, and -hell- even my MP if this is being done systematically to shield the banks.

2.- What should I do now?

 

Thanks!!

 

Edited by altosbestos
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  • dx100uk changed the title to Complaint Against Barclays, FOS adjudicator sided with Bank, now going to actual Ombudsman for review - Case handler refusing to give copy of my file case unless I submit a SAR?

i've moved you to the barclays forum as we have lots of better experts here

 

what is your dispute over please?

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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You could always send a SAR to Barclays as well, see how they've been recording details of your complaint on their systems and see what they've forwarded to FOS. You can then see if the case files match up and flag up any discrepancies.

 

There are no fees attached to sending SARs these days and the timeline for response is shorter than it used to be too (within a month now).

 

That timeline is set by the GDPR and there is little room or excuse to go beyond that.

 

For those reasons, sending your request for your case file via a SAR gives you some more protection.

Any pearls of wisdom that I give on the CAG forums is based on previous experiences and knowledge I have gained from being on these forums.

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Hi there,

Interesting option, yes. As I said my only concern would be the FOS conveniently leaving out Barclays/FOS communications during a SAR, but I think Barclays cannot do the same. 

This complaint relates to an ATM (from Barclays) stealing money from me and Barclays being useless in the subsequent processes to recover my money. 

 

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The atm did not steal from you neither did Barclays

I will guess that the machine failed to dispense  money to you?

 

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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Share on other sites

Hi Alto,

 

Can you give us a brief, bullet point summary of events to date, with the date first and brief narrative.

 

I would simply send the FOS  an SAR now anyway.

 

I assume you already have a SAR from Barclays but, if not, get one off to them too.

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Hi dx100uk, yes. I guess you could say it failed to dispense, yes. 

Slick132,

 

06/04/2020: ATM retains my cash

07/04/2020: I bring this to the attention of Barclays, they say they will investigate

May 2020 & June 2020: Radio silence

July 2020: I pressure Barclays, they say they are still looking into it

August 2020: Radio silence

September 2020: I get fed up and I complaint to the Ombudsman without a final response letter

January 2021: My claim is formally acknowledged and lodged into their system / assigned an investigator

11/03/2021: My claim is rejected by the investigator

14/03/2021: I reply to the investigator and tell her that her that she has presented no evidence whatsoever to support her notion that the cash was actually dispensed

17/03/2021: She says she can assure me she has seen convincing evidence but does not elaborate

18/03/2021: I ask an Ombudsman to review this and also for my case file

19/03/2021: Refusal to provide a case file 

 

----

 

I will then fire off SARs, but I still wonder about my original questions -- whether the SAR really will contain exactly the same information that a vanilla case file and whether this is a strategy to shield the big boys. 

 

Is there any point in writing to the Treasury Select? 

 

 

 

 

 

 

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26 minutes ago, altosbestos said:

Hi dx100uk, yes. I guess you could say it failed to dispense, yes. 

Slick132,

 

06/04/2020: ATM retains my cash

 

can we refrain from playing secret squirrel here please..?

 

I guess you could say it failed to dispense, yes. - the machine either dispensed the cash you requested or it did not.?

 

ATM retains my cash.... - so did the metal letterbox open revealing the dispensing slot but no money came out 

or did the slot fail to raise at all?

 

most machines now have external and internal video cameras in addition to 100's of sensors that can easily tell if cash was dispensed or got caught although i will say some barclay ATM's are the oldest in the whole ATM system. dating back to the early 1990's which have never had these fitted.!!

 

the barclays sar should get you everything you want 

how much was requested from the ATM to be dispensed.?

 

  

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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