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    • Referring back to to your initial post... So not a judgment ?
    • I have never heard of any such law. Please post a link to what you have read online that explains this law. And please confirm whether you were ever married to or in a formal Civil Partnership with your Ex.
    • Today has been hectic so  have been unable to complete the whole thing. If you now understand it and want to go ahead with a complaint to the IPC, fine. If not then I won't need to finish it. But below is my response to your request  on post 64. No you don't seem stupid, the Protection of Freedoms Act isn't easy to get one 's head around at first. The part of the above Act referring to private parking is contained within Schedule 4 which you can find online under the Protection of Freedoms Act 2012. Section 9 of SCH.4 relates to how the parking scrotes have to perform so that they can transfer their right to pursue the keeper from the driver when the PCN is still unpaid after a certain amount of time. In your case the PCN was posted to you the keeper and arrived within 14 days from when they claimed a breach occurred. That means they complied with first part of the Act. The driver at that time was still responsible to pay the charge demanded on the PCN and PCM now have to wait for 28 days to elapse before they can write and advise the keeper that as the charge has not been paid, that they now have the right to pursue the keeper. They claim they sent the first PCN on the 13th March, five days after the alleged breach and it arrived on Friday 15th March. So to comply with the Act they have to observe Section 8 subsection 2f   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid. ---------------------------------------------------------------------------------------------------------------------------------------------So the first PCN was deemed to arrive on the 15th March and for 28 days to have elapsed is when the time is right for them to write and say you are now liable as keeper. So they sent the next PCN on the 12th April which is too early as you could still have paid until midnight of the 12th. So the earliest their second PCN should have gone to you was  Saturday 13th April so more likely on Monday 15th April. The IPC Code of Conduct states "Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses." So by issuing your demand a day early, they have broken the Act, the IPC Code of Conduct, the DVLA agreement  to abide by the law and the Code of Conduct not to mention a possible breach of your GDPR .   I asked the IPC  in the letter on an earlier to confirm that  CPMs Notice misrepresenting the law was a standard practice for all of PCMs Notices or just certain ones. Their distribution  may depend on when they were issued and whether they were issued in certain localities or for certain breaches. Whichever method used is a serious breach of the Law and could lead to PCM being black listed by the DVLA . One would expect that after that even if the IPC did not cancel your ticket, PCM could not risk going to Court with you nor even pursuing you any further.
    • thanks jk2054 - do you know any law i can quote (regarding timeframe) when sending the email as if i cant they'll probably just say no like the normal staff have done? thanks.
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6 year limit


Azazal23
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Not sure what you mean here. You can claim back as far as six years. So if you areowed money gaiong back 7 years then you won't be able to claim the first one year.

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hang on is this different to the natwest problem which we are dealing with?

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So what is the story here?

I have the impressin that you had an account with Lloyds which was closed 6 years ago and that you were deafulted on it 6 years ago.

If this is the case, then you can only claim any charges which were levied for the last moth of the account as the rest will be timebarred.

Are there any other details?

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If you have only asked for copy of statements, they have upto now sent these foc. If you have asked for a list of charges and details of manual intervention you should get a form from their data protection request team in Andover who will ask you for £10 to which they are entitled. You really should ask for details of any manual intervention. This seems to be the banks latest line of defence.

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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So what is the story here?

I have the impressin that you had an account with Lloyds which was closed 6 years ago and that you were deafulted on it 6 years ago.

If this is the case, then you can only claim any charges which were levied for the last moth of the account as the rest will be timebarred.

Are there any other details?

 

Ive been having a little think about this,

 

Lets say for instance you have a number of charges that amounts to £2000 dating back to March 1999, The bank then defaults the account in 1999 and closes the account. The statute bared rule then starts from this time.

However, lets say that in march 2001 the bank have sent you a letter chasing you up for this amount, by virtue of the statute of limitations they themselves have restarted the 6 year period, In your favour, by acknowledging the amount is outstanding, so in theory the limitation date is now march 2007.

 

May be worth thinking about, if you fall into this catagory?.

 

SOMETIMES YOU HAVE TO PLAY THEM AT THEIR OWN GAME.

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thats a very interesting point, ive been think along those lines aswell. Just a case of trying to think outside of the "box" ive also been wondering if they may have miss-sold me the account/upgrade to a select account. Why would an 18/19 kid who earns 30 per week want a Visa card. think they were chargeing me £3 permonth at the time for the privelidge. Im also thinking along that angle anyway, i have sent DPA request anyway to the DPA manger as addressed in the forum so will hopefully hear something bakc soon, i will keep you posted, many thanks for your help

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  • 3 weeks later...

I sent mine on the 8th March, by email and got a response within a couple of days (just an acknowledgement).

Finally got a real response on Friday 24th, saying to send them a cheque for £10, then they will send statements within 40 days of receiving it.

Quite happy for them to drag their feet as it gives me more time to see how others have done!

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At the moment I'm wondering if I did the wrong thing not sending my DPA request by registered post.

 

I've sent it to them with a £10 cheque, I suppose it's only been a week ago, we'll see what happens......

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Defaulted 19/04/2000 £ 4,541

 

Can any one help with this, around £2800 of the above default are charges. As the default is coming up to the 6 years can i still claim the charges back.

 

Also one the 19/4/06 passes will this default be removed from my credit record regardless of weather its settled or not.

 

What can i do if i disagree with the defualt

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Bugger!!! what happens if obviously then the defualt was made up of illegal charges, can i request a copy of the pre default notice that was supposed to be sent to me before t was registered, i was working away at the time. If they cannot produce it would i have a case for it to be removed

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Dealing with the default is very difficult. however, as the charges are a good proportion of the debt, maybe you stand a chance. We'll see.

 

For the moment, your problem is that you have a default which was entered nearly 6 years ago. This then must refer to charges which are applied over a period of time some of them more than 6 years old. Under the normal limitation rules, the claims are time-barred once they are older than 6 years.

 

However - Limitation Act 1980

32.--

  • (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
    • (a) the action is based upon the fraud of the defendant; or
    • (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
    • © the action is for relief from the consequences of a mistake;

    [*]the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ....

    [*](2) For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty. . . .

I don't know if I need to explain the effect of this to you. The bank would certainly get excited about it as they would realise that this would open up claims for charges going back to the dinosaurs.

 

It all depends whether you are up for it - and of course whether it would work.

 

Fobbing you off with merely "we think the charges are fair and reasonable blah blah " if in fact they are not amounts in my view to deliberate concealment.

Once again it is experimental. it could take you into some serious litigation.

What I can say is that with the McNamara sound-file we have in the library, Lloyd's are the easiest target in this whole business. I hope that their lawyers read this.

 

You have to decide what you want to do. Do youhave all the details going back that far?

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Im up for it believe me, I have all the time in the world and have a few hundred quid to spare to go to court. I have already sent the DPA and sent TSB an email yesterday to ask where they are up to, i got a reply almost instantly to say my statements are being prepared and are on there way soon.

 

Would you know if the Default can be removed after the 6 year period even if the account is not settled.

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You will have to look it up in the CRA's websites. Let us know.

 

If the bank got really stuck in to litigation on this - and you lost then you would be talking bankruptcy.

On the other hand I would have thought that there wa a good chance of you winning but it would be a nerve-racking ride.

 

How much is owed?

How much of that is charges?

How far back do the charges go back?

 

Do you have an exact figure for the charges or do you need the DPA to find out?

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bear in mind i was really only a student whne this happened, i was only earning around 120 per month and they upgraded my account to "select" with a VISA debit, thats cos around 3-5 per month thats when the charges stated coming and it snowballed from there

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Yes it can be dealt with in the small claims court but if the banks realise - which they will - the basis on which you are using the LImitation act then they might make an issue of it which could potentially take it out of that track. This is why I say that it could be risky.

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I think in the first instance i will tot up the charges and send them the initial letter. I wont make an issue of the 6 year limit until they do, could also make the point that they have contacted and updated my credit record since Arpil 2000 so could that be consrude as kinda re started the 6 year limit if they asked for payment after the default date

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