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    • I have received a PCN from Euro Car Parks for MFG - Esso Cobham - Gravesend. I was completely unaware that there was any such limit for parking and always considered this to be a service station. I stopped there to use the toilet, have a coffee and made a couple of work calls. I have read the previous topics on this location which suggest I can ignore this and ECP will not take legal action. The one possible complication is that the vehicle is leased by my employer so I do not want to involve them with the associated reminders and threatening letters. The PCN was first issued to the leasing company Arval who have notified ECP of the hiring company. I have attached a copy of the PCN Notice to Hirer with details removed as per instructions. What options do I have or should I just pay the PCN promptly at the reduced rate of £60? img20240424_23142631.pdf
    • What you have uploaded is a letter with daft empty threats from third-party paper tigers.  Just ignore it. What we need to see is the original invoice you received last October or November.
    • Thanks for posting the CPR contents. i do wish you hadn't blanked out the dates and times since at times they can be relevant . Can you please repost including times and dates. They say that they sent a copy of  the original  PCN that they sent to the Hirer  along with your hire agreement documents. Did you receive them and if so can you please upload the original PCN without erasing dates and times. If they did include  all the paperwork they said, then that PCN is pretty near compliant except for their error with the discount time. In the Act it isn't actually specified but to offer a discount for 14 days from the OFFENCE is a joke. the offence occurred probably a couple of months prior to you receiving your Notice to Hirer.  Also the words in parentheses n the Act have been missed off. Section 14 [5][c] (c)warn the hirer that if, after the period of 21 days beginning with the day after that on which the notice to hirer is given, the amount of unpaid parking charges referred to in the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in full, the creditor will (if any applicable requirements are met) have the right to recover from the hirer so much of that amount as remains unpaid; Though it states "if any applicable ...." as opposed to "if all applicable......" in Section 8 or 9. Maybe the Site could explain what the difference between the two terms mean if there is a difference. Also on your claim form they keeper referring to you as the driver or the keeper.  You are the Hirer and only the Hirer is responsible for the charge EVEN IF THEY WEREN'T THE DRIVER. So they cannot pursue the driver and nowhere in the Hirer section of the Act is the hirer ever named as the keeper so NPC are pursuing the wrong person.  
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twillardo v Barclaycard Prelim letter sent


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Hello All. :-)

 

Prelim letter sent 12/04/07 and received by Barclaycard.

 

Response from Barclaycard received today 20/04/07 as follows.

 

Date 16th April 2007

 

"Thank you for your recent letter, your details have been passed to me in order that I may respond in my capacity as Customer Relationship Manager.

 

I am sorry you feel the charges you have incurred are unfair. We believe that our charges are both fair and transparent, and we make them clear in our Terms and Conditions.

 

In your letter you have outlined a legal argument which you say supports you view. As I am sure you will appreciate Barclaycard is aware of all the information you have drawn to our attention. I must inform you however, that we disagree with your analysis.

 

Putting the above to one side, as a goodwill and without any admission of liability, I am prepared to credit your account with the difference between the charges that you have incurred and the £12 fee recommended by the OFT.

 

If my reply does not meet with your expectations you may ultimately be eligible to refer to the FOS. If I have not heard from you within 8 weeks from the date of this letter, I will close my complaint file in accordance with our usual practice."

 

Is this the standard take it or leave it letter?

 

I was going to send the Rejection letter and go for the full refund, or do I take part settlement and pursue the balance?

 

Any advice would be most welcome. :confused:

 

Prelim Letter Sent 12/04/07

Response from Barclaycard 20/04/07

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  • 2 weeks later...

Hello All :)

 

Response to settlement offer.

 

Response to settlement offer letter sent 26th April 2007 rejecting their offer of half my claim, I have said that I will accept what they have offered as partial settlement as an offer of goodwill but will pursue the rest.

 

Now await a response! :rolleyes:

 

Prelim Letter sent 12/04/07

Response from Barclaycard 20/04/07 Offered half the claim.

Rejection Letter sent 26/04/07. Accepted the partial settlement, but will pursue the balance.

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Hello :)

 

Recieved a letter from Barclaycard today 4th May 2007 stating that the offer to refund half my claim is as far as they are prepared to go, letter seems pretty standard but does not state it is a Full and Final offer.

 

"I note that you are dissatisfied with our offer to refund £72.00. However our position remains that we believe it is fair when customers' break the terms of their agreement with us, we recover the costs. Therefore, I am not prepared to consider your request for any further refund.

 

So on so on and so on....."

 

Like the bit about "We recover the costs" :evil:

 

Do I send a second rejection letter and inform them, the next course of action and correspondence will be from the court?.

Can I also submit the Wasted Costs letter at this stage?

 

Any help given would be gratefully appreciated. :confused:

 

Prelim letter sent 12/04/07.

Response letter from Barclaycard 20/04/07. Offered half the claim.

Rejection letter sent 26/04/07. Accepted the partial settlement, but will pursue the balance.

Response letter No.2 from Barclaycard 02/05/07. Still offering half and no more.

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Hello All :)

 

Could someone help in confirming that I am going down the right road with Barclaycard, I have read the FAQ's and various threads at length for weeks now and think I am doing things the right way, but a nod of agreement from someone who has been this far would be appreciated.

 

This is the correspondence to and from Barclaycard:

 

12/04/2007. Prelim letter sent with schedule of charges and contractual interest.

 

20/04/2007. Response from Barclaycard offering half my claim.

 

26/04/2007. Rejection letter sent accepting the partial settlement but I will pursue the balance.

 

02/05/2007. Response No.2 from Barclaycard still offering half and no more.

 

Do I send a 2nd Rejection letter asking for the rest, I would like the courts to see I have been more than reasonable in pursuing this claim (if it goes that far), and going to court was a last resort.

 

or

 

Do I prepare for court action? When can I use the Wasted Costs template letter and to whom or where is it submitted?

 

Any advice given would be appreciated, have read a lot of threads on Barclaycard and they seem by far the most stubborn and belligerent, but in saying that they have always payed up eventually!

 

:confused: :confused: :confused:

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Hello All :)

 

Received Saturday 12th May 2007 from Barclayshark.

 

Important information - your credit limit has been reduced

At Barclaycard we conduct regular reviews of our customer's accounts. Having recently reviewed your account we have decided to reduce your credit limit to the amount shown above. We have taken this decision using financial information provided by credit reference agencies as well as information held by Barclays.

 

Withdrawing cash in the UK

In addition to reducing your credit limit, you will no longer be able to withdraw cash in the UK and you will be unable to do so for a minimum of six months. Although you are no longer eligible to withdraw cash in the UK, you may still be able to withdraw cash abroad.

 

Review of your account

We will regularly review your account in the future but cannot guarantee that you will receive an increase of your credit limit. At the present time we are not prepared to reverse our decision.

 

This is what you can expect from Barclayshark for reclaiming illegal charges, I am not the first and I will not be the last person this happens to, but unlike some I am not bothered by their action as I do not use my card, I am looking to clear it off in the near future and by the look of things Barclayshark could be doing this for me, court action swings into action this week as they refunded half my claim and stated "no more", we will see!

 

12.04.07 Prelim letter sent.

20.04.07 Response from Barclayshark, offered half my claim.

26.04.07 Rejection letter sent, accepting the partial settlement but will pursue the balance.

02.05.07 Response No.2 from Barclayshark, still offering half and "no more".

12.05.07 Retaliation from Barclayshark, reduced credit limit and no UK cash withdrawals

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  • 2 weeks later...

Hello :)

 

I am about to submit my small claims action against Barclayshark with the Sheriff Court. I have read a thread on the site that, at the court stage you only add the 8% and not contractual interest, do I add the contractual interest, and can I submit the wasted costs letter along with the court action costs?

 

Any advice would be appreciated

 

:confused:

 

12.04.07 Prelim letter sent.

 

20.04.04 Response from Barclayshark, offered half my claim.

 

26.04.07 Rejection letter sent, accepting partial settlement but will pursue the balance.

 

02.05.07 Response No.2 from Barclayshark, still offering half and "no more".

 

12.05.07 Retaliation from Barclayshark, reduced credit limit and no UK cash withdrawals.

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