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    • The incident was 03rd March 2024 - and that was the only letter that I have received from MET 15th April 2024 The charge I paid was at the Stansted Airport exit gate (No real relevance now - I thought this charge was for that!!).   Here is the content of email to them (Yes I know I said I was the driver !!!!) as said above -  I thought this charge was for that!! "Stansted Airport" Dear “To whom it may concern” My name is ??  PCN:  ?? Veh Reg: Date of Incident: 03rd March 2024 I have just received a parking charge final reminder letter, dated 10th April 2024 - for an overstay.  This is the first to my knowledge of any overstay. I am aware that I am out of the 28 days, I don’t mean to be rude, this feels like it is a scam My movements on this day in question are, I pulled into what looked like a service station on my way to pick my daughter and family up from Stansted airport. The reason for me pulling into this area was to use a toilet, so I found Starbucks, and when into there, after the above, I then purchased a coffee. After which I then continued with my journey to pick my daughter up. (however after I sent this email I remember that Starbucks was closed so I then I walked over to Macdonalds) There was no signs about parking or any tickets machines to explains about the parking rules. Once at Stansted, I entered and then paid on exit.  So Im not show where I overstayed my welcome.. With gratitude    
    • Just to enlarge on Dave's great rundown of your case under Penalty. In the oft quoted case often seen on PCNs,  viz PE v Beavis while to Judges said there was a case for claiming that £100 was a penalty, this was overruled in this case because PE had a legitimate interest in keeping the car park free for other motorists which outweighed the penalty. Here there is no legitimate interest since the premises were closed. Therefore the charge is a penalty and the case should be thrown out for that reason alone.   The Appeals dept need informing about what and what isn't a valid PCN. Dummies. You should also mention that you were unable to pay by Iphone as there was no internet connection and there was a long  queue to pay on a very busy day . There was no facility for us to pay from the time of our arrival only the time from when we paid at the machine so we felt that was a bit of a scam since we were not parked until we paid. On top of that we had two children to load and unload in the car which should be taken into account since Consideration periods and Grace periods are minimum time. If you weren't the driver and PoFA isn't compliant you are off scot free since only the driver is liable and they are saying it was you. 
    • Thank you dx. I consider myself well and truly told :) x Thank you dx. I consider myself well and truly told :) x
    • Doubt the uneconomic write off would be registered, unless you agreed to accept write off settlement of the claim. It is just cosmetic damage. All that has happened, is that the car has been looked at and they realised the repair costs are going to exceed the value of the car. If the car is perfectly driveable with no upcoming normal work required to pass next MOT, your current Insurers will continue Insurance and you can accept an amount from third party Insurers to go towards you repairing the scratched bodywork.    
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Judgement by default, am i the only one? **PAID UP**


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After having a current account with Barclays for about 10 years, I had finally had enough in December 04 and switched to First Direct - MUCH better!

 

Anyway, I saw the link about claiming charges back on moneysavingexpert.co.uk and am interested....

I was charged loads of times for going over my authorised overdraft. Sometimes £75 per week if I was over for 3 days running. The charge was £25 per day. They wouldn't help me get myself out of it by extending my authorised limit either, so i struggled for months with this. I'm guessing they got over £500 out of me. I luckily still have all my old bank statements. With me closing my account a few years ago, I doubt they will be wanting to make any goodwill gestures will they?

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Who knows if they will make a goodwill gesture. You have nothing to lose by writing to them asking for your charges back...and so much to gain.

 

Keep us posted.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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You may well have closed the account but you can still claim. Your first step is to send a DPA request - See FAQs & Library

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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  • 3 weeks later...

Sent request for refund of charges letter to Barclays on 10th March, I already had all my copy bank statements so no need for DPA letter. I was claiming £685 in total.

 

Received reply 28th March from Head Office Customer Relations (I live outside the UK so it took a few extra days in the post). It was the standard letter I think. But as usual the goodwill gesture refund was for £255, about a third of what I am claiming!

 

Their letter goes like this.

 

'I am sorry that you feel the bank charges you have incurred are unfair and amount to a penalty. I note you are claiming a refund of £685 for the period xxx to xxx. In your recent correspondance you have referred to the charges as being unlawful at common law. Statute and recent Consumer regulations. Barclays is aware of all the information you have drawn to our attention. I must inform you however, that we disagree with your legal analysis.

 

When an account is opened with us, our customer is provided with a copy of the Terms and conditions relating to the use of their a/c including details of our charges. This info clearly explains our obligations to our customers, as well as their obligations to us. If we make any changes to the T&C's we provide details of these to our customers in line with the banking code. Details of our t&c's and charging tarriff can be obtained at any branch or on our web site.

 

Putting the above to one side, on this occasion and as a gesture of goodwill, I confirm I am willing to refund some of your charges totalling £255. I believe this offer to be fair and resonable. If you would like to accept, please let me know in writing in the pre paid envelope provided. I will then arrange for the payment to be credited to your Barclays First additions account.'

 

However I closed my account about 2 years ago so they will not be able to refund anything to it.

 

I am going to respond today with the second letter asking for charges to be refunded in full before I take legal action.

 

Any advice on this would be appreciated.

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Sent request for refund of charges letter to Barclays on 10th March, [bOLD]I already had all my copy bank statements so no need for DPA letter[/bOLD]. I was claiming £685 in total.

 

Received reply 28th March from Head Office Customer Relations (I live outside the UK so it took a few extra days in the post). It was the standard letter I think. But as usual the goodwill gesture refund was for £255, about a third of what I am claiming!

 

Their letter goes like this.

 

'I am sorry that you feel the bank charges you have incurred are unfair and amount to a penalty. I note you are claiming a refund of £685 for the period xxx to xxx. In your recent correspondance you have referred to the charges as being unlawful at common law. Statute and recent Consumer regulations. Barclays is aware of all the information you have drawn to our attention. I must inform you however, that we disagree with your legal analysis.

 

When an account is opened with us, our customer is provided with a copy of the Terms and conditions relating to the use of their a/c including details of our charges. This info clearly explains our obligations to our customers, as well as their obligations to us. If we make any changes to the T&C's we provide details of these to our customers in line with the banking code. Details of our t&c's and charging tarriff can be obtained at any branch or on our web site.

 

Putting the above to one side, on this occasion and as a gesture of goodwill, I confirm I am willing to refund some of your charges totalling £255. I believe this offer to be fair and resonable. If you would like to accept, please let me know in writing in the pre paid envelope provided. I will then arrange for the payment to be credited to your Barclays First additions account.'

 

However I closed my account about 2 years ago so they will not be able to refund anything to it.

 

I am going to respond today with the second letter asking for charges to be refunded in full before I take legal action.

 

Any advice on this would be appreciated.

 

One of the mods, BF I think, advised me to do a DPA anyway as you can get details of manual interventions that may form part of their defence

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  • 2 weeks later...

Updating as I go....

 

I posted a letter back to Barclays last Wed 29th March saying that their offer of £255 was not acceptable and I would give them 14 days to offer the full amount before I started legal action.

 

Reply received within 7 days saying that they are 'sorry that their offer is not acceptable to me but that was their full and final offer. '

 

So today I take a deep breath and write a letter to my Barlcays contact telling her that i am sorry to say that I have been forced into legal action and am proceding with action today as promised.

 

Any advice from those who have already progressed to this stage would be greatly appreciated.

 

I'm concerned about legal costs as I don't have a UK bank account, or any £££'s for that matter. I am living outside the UK. What are the upfront costs with Moneyclaim? And if Barlcays settle out of court, I assume that these costs would not be refunded?

 

Im so worried that Barlclays are doing something about all these claims behind the scenes and this will all backfire on me.

it would be just my luck.

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hello, i am at the same stage as you as i received my letter today saying that £220 was their final offer ! I am going to send them a letter as you have although i am not too sure how to word it saying i am taking them to court. I really don't know how to go about the next stage although i will stick with it too the end !

charlie

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I dont know how you will go about this being outside the UK but if you have a look on the Moneyclaim website they may have some more info for you.

 

Charlotte, You can inform them you are proceeding with your claim within 7 days and then go straight ahead and enter your claim

 

All the details are in the FAQ's section.

 

Good luck

Barclays - £4k - Hearing Date 19th Sept 06

Smile - £370 - Refunded in Full

Capitla One - £100 LBA 25/5

Virgin ? Data Protection Act 25/5

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  • 1 month later...

I have my own thread already, so im sorry to start a new one...

 

I just thought it was strange that I am the only person on this forum, from what I can see, who is requesting judgement by default from Barclays. The 28 days passed and they didn't defend. The Moneyclaim site is asking me to fill in warrant of execution details. I'm really quite worried about clicking submit!

 

What will happen next?

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plenty of people have won judgement by default from other banks.

 

Click the button to get the default judgement. DON'T contact Barclays when you have that judgement - alerting them to it will no doubt see them requesting the judgement be set aside (as Abbey does each time). Apply for the Warrant of Execution and get your money that way.

... a little

Mahala is a powerful thing ...

 

If you like my advice, please click the scales.

All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

If this site has helped you, please make a donation to help keep it going.

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Hi

Sorry to sound a bit dumb, but what happens when a judgement is set aside?

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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When a judgement is made, if the defendant says "Oy! We didn't know about this!" or "Oy! We have a defence and didn't get a chance!" or "Oy! We have new evidence just at the last minute!" they can apply to the court for the judgement to be "Set aside" - which actually means that everyone has to go to court all over again because the first judgement effectively didn't happen.

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I started another post elsewhere where I asked about personal service of summons. Severeal people stated it was not worth me doing and littered with pitfalls.

 

In view of the judgements banks are getting set aside, would personal service of summons be the way to go ?? Surely, once you served the papers you could get a signature on some form of certificate of service. That way, the banks couldn't use the old 'we never received the summons' BS.

 

FP

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Thanks for that, just wondered what happened. (especially since Abbey was mentioned). Cheers.

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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  • 2 weeks later...

That's what I like to see - especially as I will claim against them tomorrow :p

... a little

Mahala is a powerful thing ...

 

If you like my advice, please click the scales.

All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

If this site has helped you, please make a donation to help keep it going.

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Sorry, I have been away on holidays.

 

They did pay up in full including costs and interest. Cheque received last week.

 

Whoopee!

 

Was this after the judgement by default was entered?? Or before?

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