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    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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Standard letter? Standard reply?


craigyb85
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Firstly, as a newbie, I would like to express my thanks to the creators of this site and the moderators of this forum. It has so far proved very useful, and I'm hoping some helpful person can help me with me latest issue!

 

I have received a letter from the A&L in response to me asking for my money back. The letter they sent seems standard, but I was curious as to whether I can still persue my claim or whether what they say is true.

 

I had a basic cashcard account with A&L for many years, and latterly they even let me have a debit card (oooh!) but still refused to allow me an overdraft facility, although possibly with good reason. The only time I was ever overdrawn was when they failed direct debits. And then once these charges were levied, I became overdrawn which of course they charged me for. Again and again! So I sent the standard letter and this was the reply:

 

"Thank you for contacting us regarding your account.

 

I have noted your comments that you believe the charges that have been raised on your account to be unfair, please be assured our charges are reasonable and are competitive with the charges made by other financial organisations.

 

The Office of Fair Trading (OFT) has commented that they consider the level of late payment charges to be unfair, however they were actually referring to late payment fees for credit card payments, which are quite distinct from a bank's charges on current accounts.

 

As yet, the OFT have not entered into any discussions with the banking industry regarding current accounts. However, should that position change in the future, then Alliance & Leicester will participate as appropriate.

 

Given the above, I cannot accept you have been unfairly charged as you suggest. I regret, therefore, that I am unable to agree to your request for a refund of charges on this occasion.

 

I am sorry if you are disappointed with my response, but as the charges have been raised correctly in line with terms and conditions of your account, they must stand."

 

Any informed and accurate comments would be greatly appreciated.

 

Thanks in advance!

 

CB.

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garbage!!

look at the claims successes.

just a stalling tactic, stick to oyur timetable

 

dx100uk:D

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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hi

the A&L are using the press release from the OFT to hide behind and play for time but if you actually read the press release from the OFT dated 5th April called indeed:Currant credit card default charges unfair, the second paragragh states that these principles also apply to default charges in other consumer contracts such as those for bank overdrafts, store cards and mortgages, so as you have a contract for a bank account I would hazzard a guess the second paragraph applies to every one who has a bank account including yourself, check out the OFT site and read this press release,

good luck

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Thanks for advice and help.

Following my latest letter to A&L, I received another one quite similar to the one posted above insisting that they are right and I am wrong!

 

On to the next Phase. Wish me luck!

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Yeah, good luck dude.

You won't need it though. Just stick to the tested format and you'll get there despite all their nasty scare and stalling tactics.

Think about it. You've already won cos you didn't let them scare you off. I bet there are many poor suckers out there who don't have the benefit of having found this site who take their letter as gospel and fail to follow up their claim.

Let's face it; we're all in this boat cos we've believed the banks were in the right to charge us for our errors and therefore accepted the punishment unquestioningly. It's only with the high profile that claiming back bank charges - and doing so successfully - has received in the last year or so that we have become aware of the unlawfulness of the situation. :rolleyes:

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