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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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    • Hello,

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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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Dangler8 V RBOS


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Hi- New to this but Mon 5th sent off request for details of charges with tenner. Since then I have found all my bank statements at home and compiled a schedule of charges. Should I wait on the banks reply or just send in Prelim letter NOW. Also any advice on whether I send it recorded to local branch or to Head Office. any replies would be appreciated. Thanks.

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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Firstly, likelyhood is the branch will forward it on to HO, so don't see the point in going to branch. That said, some have mentioned the benefit of going through branch as they noticed a concern from the branch about receiving an LBA and felt that it quickened the process. Your choice really. Recorded whatever!

 

As for the prelim. If you are sure you have everything then go for it. These two are not related in terms of timescales, so it doesn't matter you get on with things. What I'm trying to say, is it wouldn't be advised to rush the LBA through before the prelim deadline - this is not an issue if you are sending out the prelim before receiving your statements.

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RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Thanks T4FF your wisdom is much appreciated I will update on progress. In the terms 14 days I assume this is Mon to Mon and not Bank working days ie Mon to Sat.

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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calendar days not working days

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Well here we go PRL sent off today registered mail, expect to get the Thank you but get lost reply but who knows !!. Have LBA all ready for when the 14 days are up.

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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Share on other sites

To add to previous I have claimed the basic ie charges for Unpaid items, referral charges and card misuses. I not mentioned interest charges in the schedule and deleted the interest amount reference in the template letter. So now its a case of wait and see, but I will update on the progress as it happens.

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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Well, we seem at aboput the same sort of stage... I sent my LBA last week and today I received an offer of about 25% of what I claimed! RBoS have got to be joking!

 

I think I will send a brief note with a copy of the LBA reminding them that I require settlement in full .... and wait and see what happens.

 

What do you think? I'm very reluctant to accept their first derisory offer.

 

Westy1.

 

To add to previous I have claimed the basic ie charges for Unpaid items, referral charges and card misuses. I not mentioned interest charges in the schedule and deleted the interest amount reference in the template letter. So now its a case of wait and see, but I will update on the progress as it happens.
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Well, we seem at aboput the same sort of stage... I sent my LBA last week and today I received an offer of about 25% of what I claimed! RBoS have got to be joking!

 

I think I will send a brief note with a copy of the LBA reminding them that I require settlement in full .... and wait and see what happens.

 

What do you think? I'm very reluctant to accept their first derisory offer.

 

Westy1.

 

To add to previous I have claimed the basic ie charges for Unpaid items, referral charges and card misuses. I not mentioned interest charges in the schedule and deleted the interest amount reference in the template letter. So now its a case of wait and see, but I will update on the progress as it happens.
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Oh no.... I just read the letter properly... there were actually THREE offers of settlement in the envelope.. one for each account on which I claimed. The RBoS has offered to settle in FULL! Yippee!!

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Nice one Westy. WELL DONE im encouraged by your news. Hope I can report the same soon. PS dont spent it all at once !!!

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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  • 2 weeks later...

UPDATE-:mad: I have had no response to prelim dated 7/3/07 not even a general acknowledgement which is naff. So off today went my LBA to Edinburgh and its back to waiting yet again.

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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Hi dangler8,

 

Thats a shame. I get the feeling I will be in the same boat come this Tuesday! Also gets the feeling they are getting a tad overwhelmed with all the requests for charges to be refunded :cool:

 

superward

superward vs First Direct - WON!!!

superward vs RBS - WON!!!

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Hi guys/girls, don't be dispirited - I sent my LBA and within ten days received an offer of settlement. I just got the cheque for £6,450 today and paid it into my account. It seems that provided you have got a properly sbmitted claim and look serious they just cave in and pay up.

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Hi Westy1- :D Congratulations :D and thanks for that confidence booster.

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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Just out of curiosity if anyone can comment, the banks (all of them) have repaid the charges on thousands of claims, some very quickly. Surely by repaying charges it is an admission that they are excessive and unlawful. I can understand the purpose of the prelim letter asking for charges to be refunded, basic charges without interest added. The bank computer system can at the touch of a key produce all the information about a customers charges and totals, it can also automatically credit this amount directly into the customers account. So why is it that often it takes an LBA and another 14 days ( sometimes with the start of court process) before the bank makes an offer. An offer of what was asked for in the first place anyway. Im sure 99% of claimants would be happy for their basic charges refunded directly into their accounts from the outset ie prelim request with no interest.

Ok there are exceptions, closed accounts, claiming interest etc and these are usually the ones on the site with the long threads.

Sorry if Im not making sense but im just getting my thoughts aired

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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Share on other sites

There are probably other reasons, but these are three conclusions I can come to.

 

Firstly, the crazy amount of applications they are having to run through at the moment. As this process gathers wind and more exposure, the amount of claims that the banks are having to deal with are rapidly increasing and as a result their resources are being fully stretched.

 

Secondly, there is a fair amount of assessment going on - which are worth contesting, which aren't. I would say the ones that are going to cost the banks the most are going to take longer and also the ones that are best written will be dealt with sooner - a water tight prelim will I believe more likely get a response than a poorly written one. I have read elsewhere that word from the bank (can't recall WHICH bank) is that the ones that are well written and appear to come from CAG are addressed sooner.

 

Thirdly, there is a fair amount of calling your bluff involved. Think about the hundreds of thousands of people who are doing this with bit-part information from places like the BBC, or a random newspaper, or Martins Moneysaving s(h)ite. There is not sufficient information provided for the average joe to know what to do and the banks are no doubt seeing how much you really know about what you are doing. There are tonnes of people on THIS website who fret when they don't get a response in the first week, or flap when the bank tell them to bugger off - imagine who much success they get with people who haven't got a forum like this to ask "what do I do?".

 

The banks aren't in this to lose money - there absolutely no way they are going to pay a full amount for EVERY single person who simply asks for their money back! For every one who gets a full settlement, I bet there are 10 who either walk away with nothing, or accept 25%, 50% or whatever.

 

 

 

Lol, just stopped for some air and noticed how MUCH I've just written :D Preaching over....

  • Haha 1

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Hi T4FF thanks for your comments which I have taken on board. One afterthought regarding letter of acceptance of claim. The part which states that conditions and future charges will stand, does this mean that by signing this you can only have one bite of the cherry, and any future mismanagement of ones account will result in charges which will non-recoverable.

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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Share on other sites

i cant see how you can sign your rights away but me being over cautious wouldn't consider signing anything with their conditions on - why should you? You are making a complaint so they are not in a position to call the shots. Any settlements I always advise to send your own letter saying you accept their settlement

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Hi T4FF re the aforesaid letters of offer seem to be standard and include

in full and final settlement of your complaint. However, our Terms & Conditions will continue to apply and any charges that accrue in the future must stand.

I notiiced in T4FF v RBoS *19 you wrote

Thank you for your letter dated xxxx. I wish to accept your offer of settlement on the above account. This will be on the basis of a full and final settlement of my complaint on the above account on the grounds that any future charges will stand.

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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a lot of the letters are including not disclosing information to third parties things like that. Bear in mind, that was my first claim and very early on in my "life" in this forum. I did include on it that I was going to make a claim against my second account. If I was to reply again now, I wouldn't even give them that much the "on the grounds that any future charges will stand" wouldn't be included now ;)

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Cheers T4FF sorry if it sounds like Im picking faults but just wanted to be clear on best wording for my reply if, no not if ,when my offer arrives.

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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Share on other sites

no bother ;)

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Update; 14 days have passed since LBA and surprise no response. I e-mailed Sandy Watt (a female, as Im sure everyone must know by now) and within 30 mins recieved this reply

I apologise for us not acknowledging your letters, but due to the

volume of

work being processed at this Unit, we have

been concentrating on processing the complaints. Issuing

acknowledgements

would greatly increase our workload and further delay

dealing with customer complaints.

Checking our database, I can confirm that we have received both your

letters

requesting refund of charges amounting to £x,xxx.

We are currently investigating and verifying your complaint using our

standard procedures.

 

Unfortunately, we currently have a back-log of approximately two weeks

in

dealing with these complaints.

I can give you no timescale with regard to when we will issue a

response to

your claim, especially with 2 Bank Holidays

this weekend.

 

I would ask you to bear with us, we will respond to your claim as soon

as we

are able.

 

Regards

 

Sandy

thought she might have signed it Love Sandy just to pacify me, but so be it.

Unlike our friends south of the border claims over £1500 through court action in Scotland becomes somewhat complicated, time consuming and not for the faint hearted. My options are to wait it out for the banks offer or go down the FOS route. I think Im right in believing this can only be started 8 weeks after the date the prelim letter was sent but maybe someone can clarify this.

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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I would just be patient for a little while longer - I did indeed receive my cheque from RBOS after a few weeks. I think if you wait another copuple of weeks as Sandy suggests you should get your payment.... but don't let her drag things on for ever.... I'd probably write and suggest a deadline date of three or four weeks from now with a strong intimation that aftyer that date you will commence action with no further correspondence. Honour is satisfied on both sides then!

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