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I would have had to stand in the middle of the road to read this, in fact that's where I was standing when I took the photo. I have pasted the appeal and rejection below. Many thanks for looking. ----------------------------------------------------------------------- This is my appeal statement: As you can see from the image attached (image 1) I actually paid £18.50 to park my car in Gee st. I parked the car at what I thought was outside 55 Gee st as seen in image 2 attached. When I read the PCN issued it stated there was a parking suspension. There was no suspension notice on the sign that I used to call the payment service outside number 55 Gee st. I looked for a suspension notice and eventually found one which was obscured by a large van and generator parked outside 47 Gee st. As seen in images 3 and 4 attached. I am guessing the parking suspension was to allow the Van to park and sell Pizza during the Clerkenwell design week. I was not obstructing the use or parking of the van, in fact the van was obstructing the suspension notice which meant I could not read or see it without prior knowledge it was there. I would have had to stand in the road to see it endangering myself as I had to to take images to illustrate the hidden notice. As there was no intention to avoid a parking charge and the fact the sign was not easily visible I would hope this challenge can be accepted. Many thanks.   This is the text from the rejection: Thank you for contacting us about the above Penalty Charge Notice (PCN). The PCN was issued because the vehicle was parked in a suspended bay or space. I note from your correspondence that there was no suspension notice on the sign that you used to call the payment serve outside number 55 Gee Street. I acknowledge your comments, however, your vehicle was parked in a bay which had been suspended. The regulations require the suspension warning to be clearly visible. It is a large bright yellow sign and is erected by the parking bay on the nearest parking plate to the area that is to be suspended. Parking is then not permitted in the bay for any reason or period of time, however brief. The signs relating to this suspension were sited in accordance with the regulations. Upon reviewing the Civil Enforcement Officer's (CEO's) images and notes, I am satisfied that sufficient signage was in place and that it meets statutory requirements. Whilst I note that the signage may have been obstructed by a large van and generator at the time, please note, it is the responsibility of the motorist to locate and check the time plate each time they park. This will ensure that any changes to the status of the bay are noted. I acknowledge that your vehicle possessed a RingGo session at the time, however, this does not authorize parking within a suspended bay. Suspension restrictions are established to facilitate specific activities like filming or construction, therefore, we anticipate the vehicle owner to relocate the vehicle from the suspended area until the specified date and time when the suspension concludes. Leaving a vehicle unattended for any period of time within a suspended bay, effectively renders the vehicle parked in contravention and a Civil Enforcement Officer (CEO) may issue a PCN. Finally, the vehicle was left parked approximately 5 metres away from the closest time plate notice. It is the responsibility of the driver to ensure they park in a suitable parking place and check all signs and road markings prior to leaving their vehicle parked in contravention. It remains the driver's responsibility to ensure that the vehicle is parked legally at all times. With that being said, I would have to inform you, your appeal has been rejected at this stage. Please see the below images as taken by the CEO whilst issuing the PCN: You should now choose one of the following options: Pay the penalty charge. We will accept the discounted amount of £65.00 in settlement of this matter, provided it is received by 10 June 2024. After that date, the full penalty charge of £130.00 will be payable. Or Wait for a Notice to Owner (NtO) to be issued to the registered keeper of the vehicle, who is legally responsible for paying the penalty charge. Any further correspondence received prior to the NtO being issued may not be responded to. The NtO gives the recipient the right to make formal representations against the penalty charge. If we reject those representations, there will be the right of appeal to the Environment and Traffic Adjudicator.   Gee st pdf.pdf
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Ok, What you need to do....

 

If money has been put into your account without you accepting it, turn it down and ask them to remove it from your account. There is a rejection letter for this in the templates, and carry on for the full amount.

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ok, but can I send the rejection letter without including how much I am claiming for.......because I still don't know!

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

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also......(sorry to be a pain!!) which template do I use as none of them seem to fit........

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

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Rejecting Offers try this one

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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You can still accept it partially, you will not loose anything by it, you can still claim in full + contractual less the amount they paid you. You can amend the rejection letter to what suits your claim. I would imagine if they have already refunded you £6k without an argument, there must be loads more. They don't just pay out willy nilly, I am sure they have a pretty good idea what the total will come too. Have you asked for your statements! and when did you do this! Can you gestimate the total of your claim going back 6 years, do you have any statements ay all! and can you put this on a spreadsheet with the interest rate they charged you.

DS

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But they all talk about accepting the offer as part payment and not about wanting it all removed from the account. The only one that says that is the one mentioning court action......and I haven't even got my list of charges yet!!!!

Does this seem bizarre to you guys?? Cos I'm struggling to get my head around it.

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

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Yes, have statements back to December 2005. I put them on spreadsheet and charges total just over £3,000 back to then - thats only 16 months of charges!!!!!!

I sent SAR and £10 on 12th March.

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

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if your thinking of accepting it as partial thats fine, i did with hailfax, but i now regret it as i am now in court 1 week tomorrow, with very little chance of winning, but thats my own fault:o , all i'm saying is don't rush, have a good think about ALL your options, THEN decide whats best for YOU. it may not cause you any problems, in fact it probably won't, just don't rush headlong into something you not sure of:D . i'd write to them and tell them they've now had their 40 days and if you don't get the info within 7 days of the date on the letter you'll start court proceding against them, don't accept or reject the offer yet, just wait 1 more week

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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if your thinking of accepting it as partial thats fine, i did with hailfax, but i now regret it as i am now in court 1 week tomorrow, with very little chance of winning, but thats my own fault:o , all i'm saying is don't rush, have a good think about ALL your options, THEN decide whats best for YOU. it may not cause you any problems, in fact it probably won't, just don't rush headlong into something you not sure of:D . i'd write to them and tell them they've now had their 40 days and if you don't get the info within 7 days of the date on the letter you'll start court proceding against them, don't accept or reject the offer yet, just wait 1 more week

 

Thats what i would do too-in the offer letter does it not give you 8 weeks to get back to them anyway? They have kept you waiting so you can keep them waiting for another week. Then hopefully your statements will be here.Sounds like they DO know you are due much more of YOUR money back.

Prelim Sent -27/02/07....

Response Letter rec'd -13/03/07....

LBA Sent -15/03/07...

Court claim due-30/03/07

Offer received(10p/cent short)-declined for full amount-28/03/07

Success FULL 6yr amount offered-29/03/07:D

........not yet received because they want me to accept conditions!!:(

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Anyway, for time being have phoned Halifax and asked again for the list of charges to be sent to me. 'Nice' man on phone said he would see they were sent out today.......won't hold me breath then......lol!

I didn't say anything to him about their offer and he didn't mention it either.

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

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Hi Debs I have had a quick read through your thread, firstly I think you need to slow down a bit ;)

 

Ok you dont have your statements yet so I would strongly advise you not to accept the cash as a full and final settlement of your claim. Also I advise you to send the letter from the rejection of settlement link below, accepting the cash as a part settlement.

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

 

I also advise you to send the letter from the non compliance link below. You can wait to see if the statements arrive in the post tomorrow if not I would send the letter. They have had long enough to comply.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Once you have the statements and you have worked oou how much they owe you send the LBA from the link below include a schedule of charges.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

Should they not settle in full after 14 days I would issue the court claim.

 

Hope this helps.

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OK - I have sent (faxed one and also posted a hard copy) the rejection letter (regarding the money they paid in to our account), and if the list of charges etc has not arrived by the time I get home from work today I will send the non-compliance letter also this evening.

Thanks for your help ;)

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

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good work, theres no point rushing

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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Well - today the list of charges finally arrived - it has crossed in the post with the non-compliance letter, because it took them almost 50 days to send them to me.

Anyway, have spent afternoon putting charges on spreadsheet and I was pretty much right in thinking the amount was considerably more than £6,000. It comes to £11,352!!

So am I right in thinking I now send the LBA and put the amount in the letter, minus the £6,000 they already paid?

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

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I thought so, they were to quick to fob you off with £6k, so just deduct this from your spread sheet total of Charges and Interest together leaving a net amount of £5352 assuming that you wrote partially accepting the £6K, and that you would be reclaiming the balance.

 

Let us know how you get on.

Ds

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Yes, I have already written to them saying that I did not accept it as 'full and final payment' but as a partial amount, and that I would be claiming for the rest in due course.......will let you know.

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

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Sent LBA yesterday by recorded delivery.

And you won't believe this but........you know they paid £6,000 into our account? Well, yesterday they took £28 in charges(!!!!???) out of the money they paid in......are they losing the plot??!!

Will just add that on to list of charges if we end up filing for Court!

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

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Have seen on Royal Mail website that the LBA has been delivered today.....

Watch this space....

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

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  • 2 weeks later...

It will be 14 days up on this Thurs (17th) and we've heard nothing from the Halifax since they received the LBA.

Is it worth a phone call to the man I've spoken to previously in Customer Relations to see what Halifax intend to do, or shall we just wait for the 17th and file the claim in court?

btw, any help on this would be appreciated. I know about MCOL and the other way of doing it (sorry can't remember name!!) but am not sure what to do. Our claim will be for £5,300 plus around £3,000 in interest.

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

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Well no more Mr Nice Guy.......

I phoned the guy in Customer Relations this a.m and asked what Halifax intend to do about the LBA we sent. He stalled for time and made me tell him what I had written about. He said that their charges AREN'T UNLAWFUL !! And that there no statutory body has said that.

He took my number and said he would get back to me......

He just phoned me again and offered £2,500 - I have asked for £5,300. I refused his offer and suggested he go and consider increasing it to the full amount. He says they can't do that cos they only offer 75% of what any customer asks of them (haven't heard of that before!!). I told him that actually I know of many cases where people have got 100% off them before filing for court.

I then confirmed that our next step will be to file for court on Thurs. He said that they will take back the £6,000 they already gave us ('as a goodwill gesture'). I told him that he won't do that because we already accepted that as a 'part payment' from them pending the return of the full amount.

- hope you're still with me......

he just phoned again and said they will take the £6k out of the account if we go to court. Will do that today - but if they do it will put us £1,300 in the red!!!!! Can they do this?

PLEASE HELP.......

I told him to go and ask 'them' for another £1500 taking the full offer to £10,000 and we'll forgo the other£1,300.....rigthly or wrongly....but I'm done in over this and my dad is ill in hospital and I really cant deal with this much longer.

 

HELP.........

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

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He phoned me again, saying that another £2,500 is the most they will offer, and that if we intend to go to court we are clearly not accepting the original £6k and they will remove it from the account. Well, can they do that? Ther eis now only £4,500 in there cos we were already £800 overdrawn when the amount went in and we have since spent some of it. We will be £1300 overdrawn if they remove it - but he said 'that will be an unfortunate consequence'.

Are they trying bully boy tactics, or are they right?

Do you know of them taking back the initial money paid if someone goes to court?

Am feeling sick right now. Don't want to go o/d again and incur charges again.

ANY ONE THERE?

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

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Nudge - anyone there?

Please?

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

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Sorry guys ....have to keep this up top as I really do need advice on this.

Please....

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

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