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    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "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 ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
    • Oil and gold prices have jumped, while shares have fallen.View the full article
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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radiatingeyes vs. Lloyds TSB


radiatingeyes
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19/12/06 S.A.R sent

22/12/06 Email reply from Lloyds acknowledging receipt of request

01/02/07 Compliance letter sent - 7 days to send all documents as requested in S.A.R.

05/02/07 Explanation from Lloyds that it would be there soon, and that they are very busy (good!)

08/02/07 Second explanation from Lloyds saying it would be there within next few days

09/02/07 Partial information received

13/02/07 Second compliance letter sent - 7 days to send the missing documents

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Hi,

 

I wouldn't worry too much - I think they're getting a bit slack with meeting deadlines. Send them the third template letter from the Data Protection Act - Non Compliance post. You'll probably find your data turns up soon.

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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19/12/06 S.A.R sent

22/12/06 Email reply from Lloyds acknowledging receipt of request

01/02/07 Nothing received from them yet - what should I do now??

 

 

I am in the same boat.....sent my SAR on 18.12.06 and i havent recieved mine yet either. Phoned them this morning and aparently my request has been dealt with and was being posted today, first class. I am not holding my breath tho. They have til saturday and then i am sending LBA. You will find the letter template in the template library.

 

curlychic

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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Thanks guys, I've sent the non-compliance warning today, we'll see what happens. Anyone know of any cases whereby a bank hasn't given the information as requested? I could probably find all my statements online and give an accurate total anyway, I just thought this would be a better first step so I've got the hard evidence from them etc

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If you've got statements online that you know cover your entire charging history then use those - or at least make a start while you're waiting for your SAR to turn up. Online statements are sufficient.

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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19/12/06 S.A.R sent

22/12/06 Email reply from Lloyds acknowledging receipt of request

01/02/07 Nothing received from them yet - what should I do now??

 

edit

01/02/07 Compliance letter sent - 7 days to send all documents as requested in S.A.R.

 

It would seem that Lloyds are leaving everything til the last min. As you will see by my thread 'TALLING VS LLOYDS TSB' I finally got mine threw this morning, in the nick of time as well.

As you sent your SAR the day after me, maybe....just maybe you will get your documents through tomorrow......fingers crossed x

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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  • 2 weeks later...

well the information came, but it was only for one account, so I have sent them this letter:

 

Dear Sir/Madam

 

Re. Account number: ********, Sort code: ** ** ** & linked business account (now closed)

 

I acknowledge receipt of your letter on the 9th February 2007. Unfortunately the information enclosed is incomplete as my original Subject Access Request also detailed a statement of charges for the business account linked to my personal account, in the name of ****** ***** Studios. The account was set up by me as a sole trader in order to process payment from clients for whom I worked.

 

The account was later closed by yourselves, after a fee was transferred from my personal account without informing me or having the transfer authorised. This is a separate matter which is not linked to my forthcoming litigation against Lloyds TSB regarding unlawful bank charges and is mentioned here solely as basis for reference to the business account for which I no longer have the account number.

 

My original request was sent to you on the 19th December 2007. As you are aware the Data Protection Act specifies that you must comply, in full, to my Subject Access Request within 40 days. I am willing to wait another 7 days for this information as I understand how busy your department is, but any longer than that will incur notification to the Information Commissioner of DPA protocol violation.

 

Yours faithfully

 

 

*radiatingeyes

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