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    • Write to the IPC complaining that UKPC have not observed the requirements of PoFA . IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a windscreen PCN on 8/3/24 which was almost immediately removed and a second  PCN was then  sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar to have that particular mess revealed later  but that is not the reason for my complaint. UKPC then sent a Keeper Liability Notice dated 12/4/24 warning me that as 28 days have now elapsed, I as keeper am now liable for the charge.  This is in direct contravention of PoFA since the keeper does not become liable to pay until the day after the original PCN is deemed to have been given which would have been 13/4/24 -a Saturday ]. Not only does it not comply with PoFA but it fails to adhere to your Code of Practice and is in breach of their agreement with the DVLA. You will be aware that this is not the first time that UKPC have fallen foul of the DVLA and presumably yourselves. I have included copies of both Notices for information. You will realise the seriousness of this situation if this is standard practice from the UKPC to all motorists or just those where windscreen tickets are involved since the Law regarding PoFA is being abused and is unfair to misguide motorists. I await your  response which I understand will usually be within a week. -------------------------------------------------------------------------------------------------------------------------------------------------------I would think that should be sufficient for the IPC to cancel your PCN though  you should await comments from the Site team before sending your complaint. Don't forget to include both PCNs.  
    • Hi DX, Sorry, fell asleep as I was up all night last night writing that statement. Yes, I attached the rest of the witness statement on post 50, bottom of webpage 2. That's the important part.  It looks like the lawyer who wrote Erudio's Witness statement does not work for them any more. So, I'll have another lawyer representing instead. Not sure if I can use Andy's hearsay argument verbally if that happens.... I did not put it in writing. Apart from not sending deferral forms, my main argument is that in 2014 Erudio fixed some arrears mistake that SLC made and then in 2018 they did the same mistake, sent me confusing letters. What is the legal defence when they send you confusing material?
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Planetman V Barclays


planetman
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Hi All

 

I thought I would create a thread to let everybody know how we are doing.

 

My wife and I started trying to get our money back off Barclays at the end of November 2006. We sent in a letter jointly and followed the guidelines on this and the moneysavingexpert site. We are after £4109 (which includes interest) from the 4 bank accounts that we solely and jointly hold with them, and received an offer from Barclays at the beginning of January for £1000. :lol: We subsequently refused that offer but wrote saying that if they gave us £2500 we would call it quits. We never heard back, so we have just now put our claims in with MCOL.

 

It is getting a bit scary now, but exciting nonetheless, and we are eagerly checking the MCOL site to see if they put in a defence. I expect they will at the 11th hour, but you never know. :-)

 

If we get what we ask for we will be making a donation to this site, because we wouldn't have got this far without it. It's fab.

 

All the best

 

Mark

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Darn! I was just checking over our claims and I have just realised I made a typo when I filled out the MCOL claim on my claim! In the Particulars of Claim I entered £2724.33 instead of £2725.33

 

Do I need to get it changed, and will it cost me? If I need to get it corrected and it costs me more money, can I add that cost to the claim as well?

 

Many thanks

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I entered £2724.33 instead of £2725.33

 

LOL, c'mon a quid, dyu work for Barclays you tight git?

 

No seriously, only joshing, a

 

at this point it doesnt matter cos as time goes by, your interest accrued will increase too and when you argue the t*ss with barclays when 'chatting' about their settlement, you can add it on then ,,,if you feel you reeeeally must

 

LOL

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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if you were referring to the court finding errors in your claim, dont worry, they are perfectly aware that we are not legal boffins, are nervous about doing this and attending court etc, so there is some give and take.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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  • 1 month later...

Well, Barclays have put in a defence at the last minute and I have just received a letter from Northampton County Court. In it, there is a copy of the defence form (which I think looks pretty standard), and it confirms that the case is being transferred to my local court, but it also states that:

 

IT IS ORDERED THAT

1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

 

Does this mean that I won't have to fill in an AQ? I thought everyone had to? Or will I get one in due course from my local court?

 

Any help would be much appreciated.

 

Mark

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Hi Mark,

 

Lately a lot of claims are skipping the AQ stage, basically because the judges have a pretty good idea that the case won't actually be defended in court....

 

Saves time and effort for everyone.

 

Shame the banks couldn't see sense and just pay up when asked!!!

 

Carry on...

 

D.:grin: :grin: :grin:

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Thanks for your reply oneofakind, that eases my mind a little!

 

Should I be contacting the bank at this stage and saying something like "we both know you're not going to turn up at court, why not just pay me now?", or words to that effect? Has anyone else tried doing this?

 

Kind regards

 

Mark

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Hi Planetman

 

I'm at exactly the same stage as you with my claim for £4,800 from Barclays (AndymanUK v Barclazy)

 

I was also thinking of e-mailing them soon..

 

not sure how to attach my thread, so here is a link (probably won't work)

 

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/81343-andymanuk-barclazy.html

:???::)

-------------------------------------------------------------------

:cool:

In the words of QUINCY JONES:

" It's not about your acheivements in life, it's all about the journey getting there...."

.

I got my Peices of Eight !;)

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I'm pretty much at the same stage as you too Planetman. I've had my claim transferred to Cardiff, and AQ's dispensed with. I've written to Adrian St John asking for settlement today. If you haven't already, take a quick look through this thread.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days-11.html?highlight=AQ+dispensed+with

 

There's lots of good information in there. Best of luck.

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  • 1 month later...

Well, I did receive an AQ in the end which I duly returned (along with a cheque for £100) using the new style draft order. That was 9 days ago, so I should be getting a request for information or a court date soon, hopefully. I am a bit concerned about the Lloyds TSB ruling recently, and I haven't told my wife as she will only get worried by it (she has submitted her own claim via me). Touch wood, things will still go to plan! :)

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cool, you will be fine,the LLoyds case has been discussed so much on here lately. I think the over all opinion was we will all be ok. The gentleman concerned didnt follow the advice properly and he will be apealing as Martin from the money saving expert has taken up his case.

Lots of people were paniking including me, but all is calm again now, as people are still getting their cases settled.

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  • 3 weeks later...

Got court dates on Friday for me and my wife. The first one (my wife's) is on 29th June. I've just emailed Barclays (Dino and Krysta) to see if they want to settle. Fingers crossed!!! ;-)

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any luck yet ?

-------------------------------------------------------------------

:cool:

In the words of QUINCY JONES:

" It's not about your acheivements in life, it's all about the journey getting there...."

.

I got my Peices of Eight !;)

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Oh yes!

 

My wife has been sent her settlement letter which I got her to sign and duly faxed it back earlier today. :cool: Hopefully we should get a nice deposit tomorrow :smile:

 

I spoke to Krysta about my claim and, yes - they want to settle. They are just waiting for the accounts dept to confirm all the charges. With a bit of luck I may get a settlement letter through tomorrow :grin:

 

I will still submit both court bundles anyway, just in case they are trying to pull a fast one ;-)

 

I used the new-fangled AQ and draft order and it certainly speeds things up (if the judge plays ball). Barclays have had to submit their evidence 2 weeks earlier than normal.

 

Take care

 

Mark

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hey, it looks like congrats are in order then !! :)

 

let's see the colour of their money first though, before you book that luxury holiday .... !!

-------------------------------------------------------------------

:cool:

In the words of QUINCY JONES:

" It's not about your acheivements in life, it's all about the journey getting there...."

.

I got my Peices of Eight !;)

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