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    • One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other!
    • Six months of conflict have also taken a heavy economic toll.View the full article
    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Daxcobra 1 - 0 Barclays. Case WON


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Hi all. I've been on this wonderful website for a few months now and have used the info on this site to get my bank (Barclays) to a small claims hearing. I've gone through the normal proceedure, including the bank offering me £1000 as full and final settlement (£3k+ claim).

 

I've gone through all of the proceedures and have finally been given a hearing date of 28th March. The court paperwork states that 10 minutes has been allocated for the hearing. Is this normal?

 

Speaking to a Court staff member, she says that all hearings relating to Bank 'overcharging' were being heard over a period of a few days and that they all had the same time allocation time.

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Hi Daxcobra.

 

This could well be because the courts are coming to realise that the bank will settle before court.

A court hearing is the last thing a bank wants, because it has too much to lose.

 

Good luck.

 

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

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Ten minutes is quite normal, given that the Judges know full well that not one single bank has attended yet and in all probability won't.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Must admit, seems strange

 

Ive got 2 cases, one on 7th and one on 8th of February 2007

 

Ones 90 mins and ones 2 hours.

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Two of my claims were both allocated 15 minutes, 10 minutes does not seem unusual - neither of mine were for directions.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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  • 2 months later...

I recently attended a final hearing at court. The judge told me that becuse so many banks are settling at the last minute, they are only allocating 10 or 20 mins for the hearings, so that they are not left with great gaps in their schedule when the banks settle just before court.

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Finally, superb news!! Had a letter from Barclays yesterday saying they are to pay up in full (plus expenses) £3314.91. They of course disagree with my comments on their actions being unlawful and are only paying up due to the case being 'not economically viable for either party to go to trail'.

 

I look forward to my next case on my other account!

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Well done. . . only 3 posts as well. You must have thoroughly read the FAQ'S..

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Yes, its obviously a busy site so I took everything on board by having a good look around the forums. Once Barclays refund my money I intend to donate to the site as without it, claiming my money back would have been a damn sight harder. Thankyou all.

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Congratulations!

 

I too have had a very successful result with Barclays, actually on my wife's behalf.

 

For a while now I have been looking at the forum and thinking that I should have a go.

 

My wife had a couple of charges levied because of a small excess on her overdraft (£11). I wrote on her behalf saying:

 

Mr XXXXXXX

Head of Current Accounts

Barclays Bank PLC

PO Box XX

XXXXXX

XXXXXXXXXXX

 

Dear Mr XXXXXX,

 

Thank you for your letter dated 6 February, under ref: XXXXXXX, about my account number: XXXXXX, sort code: XXXXXXX.

 

You wrote to tell me I am overdrawn by £11.47 more than my overdraft limit and charging £30.00 to do so. You recently made other penalty charges at a similar level and I ask you to refund them all.

 

I understand that the regime of fees which you have been applying to my account in relation to exceeding overdraft limits and so forth is in breach of recent consumer regulations. If you say that they are not, then will you please let me have a full breakdown of the costs as a result of my breaches, to reassure me that your penalties really do reflect your costs? I believe other banks have reduced their charges.

 

Additionally, it has been confirmed that your particularly high level of penalties are considered to be unfair by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Yours,

 

 

They wrote back saying how sorry they were that she felt she had reason to complain and would get back by 20 March.

 

On 22nd March a letter from Barclays was delivered offering a figure in full and final settlement. I told her not to accept it as I notice that posters in the forum say that it usually about a third of the full amount.

 

We checked the statements over the last 6 years and found that they were offering every penny that they had ever charged.

 

She posted the acceptance today.

 

No threats of court action, just one letter, I think the power of bad TV publicity (Whistleblower) is a positive force.

 

I want to thank all the community for the information and guidance in the forums and encourage other sufferers to put pen to paper.

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Well done Tom. .great work

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Woooohooo!!! Congrats!!! (I'm only a visitor this forum but well done)

 

btw -kimmy01 has a point...how do you know that?

 

And don't forget to make a donation from your winnings to this site. And fill in the online survey (takes seconds) so the site can keep track of refunds overall.

 

Well done again and good luck:)

Claim against First Direct - WON - 29th March 2007

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Barclays finally gave in a week before the court hearing. It was straight after my court bundle landed on the desk of their chief legal executive. Repayment in full £3314.91 :D

 

Well done you they seem to be still hanging on to the last minute, or is it just that they are really busy?????? again

well done.

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4 threads merged so some of the above posts may not run in sequence

CONGRATULATIONS

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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