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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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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.

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intstudent vs Natwest


intstudent
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Think I'll share this experience (which happened before I joined this forum)

 

Case 1

I am an international student. As I dont usually use my bank account too much, I tend to keep lots of my money in my savings account, as opposed to my current account.

 

There is a standing order which I set up which leaves on Sunday. I didnt know that I must have the funds in my current account by Friday 4.30pm. There was once I need to pay for some stuff, so I paid with my debit card (which caused my balance to be lower than the S/O). I know about that, so as soon I reached home, I logged on to Internet Banking and transferred the amount. Everything looks fine on my account, but on Monday, I got rude shock - I was charged £38.

 

Went to my university branch and talked to the manager. Surprisingly I just asked him to look at my account, and said why is there a £38? Without any more words from me, he said, "ahh I see. But remember I can only do it once". And that amount was refunded.

 

 

Case 2

It involves returning my £12 overlimit fee for my credit card. Basically I tend to have a mental note as to how much is there in my credit card (as I am the type who likes to spend everything with my credit card and pay back in one go by the end of the month). But there was once there were a few transaction that did not get charged into my account for ages. So I forgot about them and used my card. But suddenly on one day, when my balance is running low, all of them get charged in one go, which makes me go over the limit. (Actually that time I had already paid in, but the charge gets into my account before my paying in)

 

Called Card Centre. Was told a NO. So I wrote to Customer Relations. Explaining the situation and trying to gain some empathy as I am a student. And I got refunded fully 1 week later.

 

 

 

Just a quick question - will these charges, despite refunded, still 'tan' my credit reports and so on?

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Quick answer. NO.

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

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