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    • Peter McCormack says "ambition is big" and Real Bedford's attendances are increasing with promotions.View the full article
    • How does one obtain the permit? The permit team number is only open between the hours of 9am to 3pm Mon - Fri. It says on the website, To obtain an additional 2 hours, the driver must pay a tariff of £3.00 + booking fees in person at our Security Hut, is that how you get the permit also, from the security hut? What a rigmaroll that would be but maybe just another step to take to try and catch people out?
    • Anotheruser0000 bear in mind that not all Judges are equally versed in the PoFA regulations. Fortunately now most of them are but sometimes a Judge from a higher Court sits in who is well experienced  in Law but not PoFA. and so they sometimes go "offkey" because their knowledge can raise a different set of arguments and solutions. It does seem particularly unfair  when the decision is so  bad . it can also be that in some situations the motorist being a lay person is not sufficiently know ledgeable to be able to counter a Judge's decisions in a way that a barrister could.
    • The argument about the date of receipt is now dead because the PCN  does not comply with the wording  of the Protection of Freedoms Act 2012 Schedule 4.  First reason Section 9 [2] [e]  "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—(i)to pay the unpaid parking charges;" Second Reason Section 9 [2][a] "specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;" All your PCN does is mark the time you entered and left the car park. It does not include all the myriad things you do in between-driving into the car park, looking for a parking space-perhaps a disabled space or  parent and Child place@ getting the children or disabled person out of the car then going shopping. Coming back; loading the car with shopping [, getting the children or disabled into the car, taking the trolley back to the store; driving to the exit perhaps stopping to let vehicles/pedestrians cross in front of you etc. so subtracting the driving times from before and after parking can make quite a difference from their time to the actual period parking time. So the upshot is now that only the driver is responsible for paying the PCN and the keeper is not liable at all even if the name of the driver is never known by Nexus so well done for not appealing. You obviously want to keep it that way to make it very difficult for them to win in Court if it ever goes that far. Although your question is now moot since  the same objective has been achieved by the non compliant PCN [ie no keeper liability] just  about the only way to dispute the timing of the PCN would be if one kept the envelope and there was a discernible date stamp on it that did not match the date on the PCN. There is a new Act coming out [and it cannot come quickly enough ] and one of the things required is that parking companies will have to prove the date of sending out their PCNs. We are not the only ones who sometimes doubt the veracity of their dates particularly as the later it is sent [unlawfully] the shorter the period motorists have to benefit [?] from the reduced payment. I haven't seen it on your posts but do you know how long you are permitted to park for free?
    • I was so annoyed and frustrated about the fact this case was lost it's been floating around my head all night. Dave962, are you sure that's what the Judge said? .... It doesn't make sense. Did the judge in fact dismiss the case on the grounds that the defendant did not make an appeal within 28 days? Effectively telling the PPC about the error entering the registration number and providing proof of payment at that time? To me, that's an important point.  
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pamandal V Alliance & Leicester


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Well i've kept my new year resolution to myself..... I've finally sent off my S.A.R to Alliance & Leicester. This is an old account of mine which was closed in 2003 (by them). After they charged me over and over again...and I couldn't manage to get straight again....I can remember ringing them to ask for their help as I was paying so many charges...to see if they would waver them, so that I could get straight.... and they did not want to know and closed my account... I then had to make monthly payments to them of 100.00 until I had cleared my overdraft. I think I was treated appaulingly by these people, it was their extortionate charges that had got me in a mess in the first place.

 

Unfortunately, I did not keep any of my account details, but I have sent off my S.A.R and confirmed my personal details and have asked them to trace the account, based on the information I have given them. :)

 

S.A.R - (Subject Access Request) sent to Barclays 2.1.07

SAR sent to capitalone 2.1.07

SAR sent to barclaycard 2.1.07

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  • 3 weeks later...

Hi all,

 

Have not recieved a reply from A&L although they have cashed my cheque on 9th January. So decided to call customer services. 0845 300 3594.

 

They are saying that they have no record of my subject access request or my old account, which was closed in 2003.

 

They asked why I wanted my statements??

 

So I said that I wished to claim back the unlawful bank charges they applied to my account.

 

They said that I had no chance of getting any of these back as it has been 3 years.

 

I said that I was under the impression that I could go back 6 years. She said no and that I should get advise from citizens advice.

 

I said that I had done my research and would be claiming these back.

 

I was then asked how much I thought these charges were?

 

I told them I was not willing to discuss this anymore at the present time.

 

I was advised to write in again......(which I will do.....today!!!!)

 

The phonecall ended with A&L advising that they did not want me to waste my time...... They are so considerate!!!

 

Any thoughts????

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  • 3 weeks later...

Just a quick update, ***I NEED HELP ****

 

I sent off letter to A&L on 22nd Jan to

 

Mal Boyes

TCA3

2nd Floor OPS

Bootle

GIR 0AA (This is the person who is dealing with old accounts.)

 

 

but still had no response, so decided to follow up with a telephone call this morning, as the 40 day limit for them to comply is almost up.

 

0845 300 3594.

 

There is still nothing showing on the system under my name and they still can find no record of even my account with them.

 

So I spent the morning telephoning around, Working tax credit, family allowance to try and find my old account number.

 

 

Finally success, The Student Loans Co. had my old account details and were able to provide them to me over the phone:) .

 

So I rang A&L back with these and they can still not find any record of my account on their system:-x . Either under my name or under my account number, this is not making any sense whatsoever. They have however forwarded my details on to Mal Boyes.

 

Where do I stand now???

 

My account was open and active between 2001 and 2003.

 

Are they required by law to keep records ??? What happens if they can't find them???

 

I have provided A&L with more than enough information to be able to trace my account.

 

I was thinking of giving them until the end of next week then sending letter before action to force them to produce them. But am thinking what is the point if A&L can't find them. what would happen then??

 

I am really hoping that someone else has had similar problems and can advise me.

 

Please help as I'm not sure what to do

 

thanks in advance:)

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Under the Data Protection Act - the Data Controller has only 40 days to provide this information. If they refuse, or do not furnish you with the full information within 40 days, report them to the information commissioner - Information Commissioners Office – Information Commissioner's Office - for a breach of the Data Protection Act. We also have templated letters to force compliance through the courts - see the Templates Library.

 

Fairly sure that if you have posted something first class it is deemed delivered 2 days latter. Did you enclose the cheque as well?

09.12.2006 B&W LBA sent

 

22.11.2006 B&W prelim letter sent asking £5500.32

 

23.11.2006 TMB S.A.R - (Subject Access Request) sent

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Another thought further to the good advice above- if you paid a £100 per month from your current bank -you should have some record of this ? And maybe a letter confirming you cleared the debt?Even if it did not go direct to the account because it was closed it would be proof you had the account? As per previous reply why dont you just carry on - if they can not find account details that is their problem not yours.Also what about getting a credit check as your account number should be on there. e.g Equifax? You would be surprised how far back the details go.I think Martin Lewis money guide guy has suggested I think you can get the details by getting a free trial. I paid £14.95 for mine - just so I have a record to prove I have good credit rating before I start - in case of retaliation action by A&L.

 

best of luck:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Thanks both,

 

I paid by cheque and it was cashed.

 

I will give them until the end of next week and if I still have not recieved anything, I think I will send letter before action for non-compliance and if needs be, pursue it through the courts. I just can't believe that my account details cannot be found even though they now have the account number.

 

I will look into getting info from experian tonight at least I'll have something in writing to prove that I had the account.

 

Thanks again for your advise.

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Sent letter before action regarding subject access request on 13th February, after being told by A&L that although they can now find my account details on their system, they have no record of me submitting this request.....(getting more than a little fed up of being given the runaround by this point:evil: )

 

4 Days later I am now in reciept of my statements.

 

I think i have got this right I am claiming for the following:

 

*Monthly OD Charge-this was applied to my account monthly each time i became overdrawn as i did not have an authorised overdraught facility with them.

 

*Interest

 

*Paid Item Charge

 

*Failed direct debit charge

 

*Failed cheque Charge

 

Total without interest 1,793.56

 

I am thinking about including interest with this claim, so am going to hold back with this over the weekend so that I can look into this further.

 

thanks

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well I have posted my pre-lim letter today, after omitting the interest charged, as after reading around the other threads think this may be lawful. It does not change the amount I am claiming by very much and I would rather be safe than risk my claim being thrown out.

 

But have decided to leave in the monthly OD charge, the reason being that I did not have an authorised overdraught, so I do not think that this can be a service charge. Also it was applied each time I went overdrawn, even by only a small amount, so I consider it a penalty.

 

I hope I've done the right thing:confused:

 

I really don't want to make a mistake:(

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Hi

 

Sounds like they are masters of fobbing people off! I have sent off my SAR today and 40 days seem such a long way away!!! Will follow your cause with interest!

19/02: S.A.R - (Subject Access Request) sent to A & L

20/02 S.A.R - (Subject Access Request) sent to HBoS

20/02 SAR sent to Capital One

21/02 Prem letter sent to RBS for £304

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