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    • Hi welcome to the Forum.  If a PCN is sent out late ie after the 12th day of the alleged offence, the charge cannot then be transferred from the driver to the keeper.T he PCN is deemed to have arrived two days after dispatch so in your case, unless you can prove that Nexus sent the PCN several days after they claim you have very little chance of winning that argument. All is not lost since the majority of PCNs sent out are very poorly worded so that yet again the keeper is not liable to pay the charge, only the driver is now liable. If you post up the PCN, front and back we will be able to confirm whether it is compliant or not. Even if it is ok, there are lots of other reasons why it is not necessary to pay those rogues. 
    • Hi I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof? 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No    Have you had a response?  n/a 7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice'  
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
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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.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Anjipl v NatWest ** WON **


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Quick update, although nothing much happening. Received AQ from Cobbetts and have lodged mine at Court. Daughter didn't open account with another bank as I advised her to do, her salary went into Natwest and they immediately cancelled her 500 overdraft, so after dd's went out she had no money for herself. No warning given, she just went to cashpoint to get money out and she was denied. She rang the bank and they told her then that they'd cancelled her overdraft. Nice!

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  • 3 weeks later...
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Help! Please.

 

Natwest are really playing dirty now. They cancelled daughter's overdraft which left her in a bad way all month. She set up a new account with another bank and now her wages go into there. New charges have since built up on her Natwest account, 300 in three weeks, basically for her direct debits failing. She has loan account which she has tried to set up dd to come out of her new account. Natwest won't accept it. They say it has to come out of a Natwest account. She has tried to pay cash but thats a no go as well. Trouble is, if she tries to put the money into her now redundant Natwest account, it will get eaten up by the bank charges and her loan will not get paid, thus equalling yet more charges. Bank says she has to pay off the 300 charges and her loan. She says she can't afford to. Natwest don't care. I suggested she pay the money into my Natwest account and I'll pay the loan, but to be honest, I don't really want to do that because I don't see why she can't pay out of her new Nationwide account. Natwest are just trying to make her life as difficult as possible. I'm sure I read on another thread about someone having the same difficulties and Natwest relented eventually. Can anyone offer any advice on this one please.

 

Meanwhile, we have heard nothing from the Court. AQ has gone in 2-3 weeks ago.

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Are you saying from her Nationwide account? Natwest are saying it has to be from a Natwest Account. I'm being a bit dim here but not understanding what you are saying. I don't think the standing order will be honoured from her own account as it is already 300 overdrawn.

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  • 2 weeks later...

Hi all, I've noticed that Natwest seem to be settling in lots of cases and congratulations to all those people. However, it is making me very nervous as I haven't heard anything for weeks. I had to amend my POC about 4 weeks ago; took it personally to the Court and despite the claim being slightly over 5,000 I asked for small claims to be considered. I rang the court 2 weeks ago to find out what was happening and nice lady said that the case was before the DJ and I should hear something by the end of February. So went away happyish, but seeing all these claims being settled, it has made me very nervous. Me thinking that there is something wrong with my claim so Cobbetts are taking it all the way. I have followed all directions, but as I am claiming interest back on the loan I am thinking there is something wrong with that part of my claim. If the DJ allocates to Fast Track, does that mean I will be liable for costs if I lose? I wonder how many others are playing the waiting game like me?

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I think the pennys finally dropped if they pay out before court it saves them money.:rolleyes:

Things dont seem to be moving any quicker if you're already at court stage though, maybe cobbetts will speed up a bit if there are more claims settled before it gets to them, fingers crossed.

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Hi all, I've noticed that Natwest seem to be settling in lots of cases and congratulations to all those people. However, it is making me very nervous as I haven't heard anything for weeks. I had to amend my POC about 4 weeks ago; took it personally to the Court and despite the claim being slightly over 5,000 I asked for small claims to be considered. I rang the court 2 weeks ago to find out what was happening and nice lady said that the case was before the DJ and I should hear something by the end of February. So went away happyish, but seeing all these claims being settled, it has made me very nervous. Me thinking that there is something wrong with my claim so Cobbetts are taking it all the way. I have followed all directions, but as I am claiming interest back on the loan I am thinking there is something wrong with that part of my claim. If the DJ allocates to Fast Track, does that mean I will be liable for costs if I lose? I wonder how many others are playing the waiting game like me?

 

Anj - your calim is more or less exact same as mine.

I pay my loan from a HSBC account by SO and have done since last August.

I claimed teh loan interest and they paid out 10 days before court hearing was due.

Consumer Health Forums - where you can discuss any health or relationship matters.

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I hope it will be the same for me. But until we get that cheque in our hands I am going to worry that something is wrong. I'm sure others feel the same. I just hate this waiting game! When this case is all sorted, we are going to put in a complaint about Natwest cancelling the overdraft facility without informing us first. Because they did that the account is 300 overdrawn just because of bank charges they put on because they didn't pay the direct debits. I know in the t&c it states that they can cancel the o/d whenever they like, but without telling us?? How bad is that?

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Advice needed please. I wonder if anyone can help me. My daughter has set up a standing order, as advised by Nattie, for her loan payments. Natwest have turned the payment down, not accepting it and have been hounding her today for the payment. She has offered to pay cash, but they won't accept it. How can she sort this problem out? Natwest are saying the only way is to pay off the charges on her account and have the money come out of her Natwest account. Its nonsense. Can anyone help?

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They just sent the money back and then rang daughter up to say she hadn't paid!! Natwest wouldn't accept any payment but then on the phone, woman said that they would accept payment from a credit card on this one occasion! To be honest I am inclined to complain to Financial Ombudsman now about their whole "retaliation".

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They initally refused to take mine from a different account, but I complained very loudly in the branch that I wanted to know where it was in their T&C that they could insist on this - they couldn't said it was an implied condition - and gave in when I started telling the queue about CAG and the claim I had issued against them:D

Consumer Health Forums - where you can discuss any health or relationship matters.

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I'm considering writing a letter of complaint to the Financial Ombudsman, copying in Natwest, regarding Natwest's retaliatory action in cancelling overdraft facility without notifying us first. Also to complain about their unhelpfulness regarding the loan, i.e. not accepting cash or standing order from another account. What do others think? Is this a good idea at this stage?

 

We got out Court date yesterday so we are about to get our Court bundle ready.

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Guest NATTIE

The terms and conditions on a loan is that it is serviced through a natwest account, however the loan has an account number and sort code and there in theory should be no reason for the payment not to go there on a set date. I will have a look back and edit this again shortly.

 

Can you get her to confirm that the account number and sort code were correct for the loan and that the payment has been returned to her account? I can advise further

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Yes, account number and sort code correct and the money has been returned to her Nationwide account.

 

Another alternative we could consider is that she puts the money into my account and they take the money from there. Not keen on that just in case my account goes into default which to date it has never done.

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  • 1 month later...

Quick update: I sent off my court bundle to Court and Cobbetts at the end of March. They have until 26th April to send me theirs. I have heard nothing from them. A big fat zilch! Diddly squat! When I see other people getting cheques, I can't help feeling a tad worried about this. My case has been going on since last October and some people who have started their case much later are getting paid. Should I ring Cobbetts tomorrow or just wait to see if I get a court bundle back from them by 26th?

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anjipl,

Won't do any harm to ring them. I also think they are swamped under with claims, and its very much a lottery on who is getting paid out and when. Hang in their your'e very close. Good luck.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Yes gizmo, I'm claiming just over 5 grand. So yours took a long time as well, thats comforting. Cobbetts have to contact me either way before 26th April otherwise I believe I can apply to the Courts for a Judgment due to non-compliance. 2 more weeks to go......

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