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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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      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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    • 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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      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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Tom Brennan v NatWest - This is a must-read!!!


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Blimey - what time does your postman deliver then. We get ours by 11:00. Nah, this is tooooo important to be left to the postal service.

 

Now if they had been required to deliver the CB information it would have got there safely I'm sure.

 

 

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:(

 

All good karma to you for trying, Tom.

:p Wanting out of the red and into the pink! :p

 

If I've been nice please tip my scales. If I've been naughty, tip 'em twice! ;)

 

CURRENTLY CAGGING -

 

NatWest Bank - no response to S.A.R - (Subject Access Request), 40 days passed

 

Natwest CC - no response to CCA, 12+30 days passed. Calls continue, I ignore.

 

Sainsburys CCs x 2 - Current T&Cs rec'd in response to CCA request. Letter sent re lack of prescribed terms. Calls continue, mobile set to auto ignore.

 

Capital One - Copy application form rec'd in response to CCA. Letter sent re lack of prescribed terms. Standard final response received. Calls continue, I ignore.

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So gutted for you Tom, you put up a great fight.

Wishing you well.

Night Owl

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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Bad luck Tom

 

It seems very unjust that the banks have been able to get away with not only continuing to levy these charges, but not being made to reveal their true costs by the courts. My understanding of the OFT case is that the banks still wont have to do this, and until they do I dont see how this issue can be resolved. If the OFT is protecting our interests as the judge seems to believe then heaven help us as its done a rubbish job of it so far. I wouldnt put it past the OFT to manage to lose the case, but even if it does anyone with a brain can see these charges are unfair and this issue wont go away. Also, the judges assertion that the banks arent making additional profits off these charges seems incredibly naive.

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Tom, I have always felt you were fighting a battle against the tide of financial institutions and like minded fiduciaries.Ostriches and sand spring to mind with some of the decisions being returned from our C.Cs. With the continuing support of this most excellent C.A.G.and a little luck the tide may turn hopefully in our favour. You have given lots of people hope in your endeavour for a FAIR hearing.You have been very brave in the attempt and I am sure some good will come of it. However it is an uphill battle against very powerful forces. "EXEMPLO DUCEMUS"

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Best Wishes Tom, a valiant attempt, I'm sure we haven't heard the last of Tom Brennan. Keep snapping at the monsters heels, eventually you will find the weakness, even if next time it is for a Client.

 

I take my hat off to you Sir (and bite my thumb at them).

 

All the very best.

 

Tide

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A valiant try by Tom on behalf of the public interest, at substantial personal cost. I am sure his courage and effort is much appreciated by millions.

 

CB018387.jpg

 

This court battle has always been fought between two unequal armies -- a phalanx of six NatWest barristers with legal fees no object, ranged against Tom himself plus an unpaid helper or three. Although this action failed to attain the holy grail, namely exposing in open court NatWest's £2 cost multiplied nineteen-fold into an extortionate £38 penalty charge, nevertheless this action brought before the gaze of millions something which UK banks are desperate to hush up. Irish Republic banks would not be embarassed by such exposure, as they levy an equitable £3 penalty charge, whereas across the border Northern Ireland banks (owned by UK banks) would be, as they too charge extortionate UK-level penalties.

 

Both judges would not accept Tom volunteering to speak for the public interest. This was not completely surprising as Tom did not walk into court with explicit endorsements from, for instance, the 140,000 members of CAG, or from MoneySavingExpert.co.uk, PenaltyCharges.co.uk, WhichMagazine.co.uk, etc.

 

The OFT was recognised by both judges as defender of the public interest. Within six short weeks, if the OFT were to press for lowering bank penalty charges to £12, this would still remain a painfully high figure, because of the clustering of penalty charges which characteristically terrorise any bank accounts falling into cashflow difficulty with no way out. Any account which, for being overdrawn £5 could previously have been punished with £600 penalties within a month made up of £35 charges, could still be punished with repeated new charges of £12 adding up to £200. In the case of Lloyds Bank since 1st November 2007, I understand their new rules stipulate the levy of penalty charges up to a maximum of £400 per month.

 

Time to awake, the Great British Public, from John O'Groats to Lands End.

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