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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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    • If you are buying a used car – you need to read this survival guide.
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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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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HBOS Claim Won - No Court Action!


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Hello All, I'm a first time poster but I just wanted to say thanks as I have been regularly reading the scottish board for two months on how to claim back my charges... and I recieved a letter from Halifax BOS on Saturday (21/05) to say that as a gesture of good will my charges would be credited to my account within 14 Days.. and this was without court action.

 

Here a summary of my claim:

March 13 2007 - sent prelim requesting that my charges be repaid as they are unlawfull - used standard template as supplied by MoneySavingExpert

Claim Amount £773.89

 

22 March 2007 - received standard response from Halifax (8 weeks to reply. etc)

 

27 March 2007 - sent LBA threating court action - again standard time limit and template as provided by MSE

 

06 April 2007 - another stanard reply from Halifax (origanal 8 week time limit still applies, etc)

 

I know a lot of people at this point have went straight to Court Action and submitting the relevant claim but I had a lot on that month so I decided to wait until the final reply after the eight weeks were complete - I'm sure I had also read that some people got a refund at that point any way so I decided to be hopefull!

 

16 May 2007 - received "investigation" response.. again same as most people have described - complaint declined - all charges were applied correctly , bank will be happy to help manage my account, etc :(

 

21 May 2007 - decided to phone the number provided on the declined letter for the Customer Relation Manager that dealt with my complaint

 

At first he basically repeated what was in the letter, I then stated that I was in the process of contacting the FSO regarding the complaint.

*******************************************************

At this point I asked him to provide me a detailed list of the service costs applied to the bank for each individual charge i had recieved. At this point

his demeanour changed, he gave me the usual "can't provide you that information" but I wasn't phased (I used to work a Quality Complaint Investigator so I'm used to these situations).

 

I then enquired if that meant they could effectively charge me whatever they wanted without providing justification, I also said at this point I would proceed with Court Action.

 

He then added this to my complaint record and said someone would be in contact by phone or mail within a few days.

 

Four days latter and I have full repayment (minus one charge which was from an earlier period) and I'm happy.:)

 

Anyway , hopefully other people can use this as a eccentive - it must be stressing going down the Court Action road even though it's likely you would win. If anyone has any questions just ask away.

 

Thanks Again to all the posters who have kept me motivated.

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Phoned BOS, they are now quoting 8 weeks for my complaint to be reviewed again. I then told them I would be writing to the FOS in the meantime it suddenly became as soon as possible!!!Thanks to lawmcd for the info

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Phoned BOS, they are now quoting 8 weeks for my complaint to be reviewed again. I then told them I would be writing to the FOS in the meantime it suddenly became as soon as possible!!!Thanks to lawmcd for the info

 

Crikey!

 

And you only posted 3 times here!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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*******************************************************

"At this point I asked him to provide me a detailed list of the service costs applied to the bank for each individual charge i had recieved. At this point

his demeanour changed, he gave me the usual "can't provide you that information" but I wasn't phased (I used to work a Quality Complaint Investigator so I'm used to these situations).

 

I then enquired if that meant they could effectively charge me whatever they wanted without providing justification, I also said at this point I would proceed with Court Action."

 

Well done in getting the claim settled, you can relax now.

The above point you made is very interesting. I think I will do the same in writing. I the potentially have that bit of ammo plus I can show their response to the FOS, if I go down that route.

 

It just shows that it pays to contact these people and listen, posing the right type of questions. If it can be demonstrated in writing that that should be helpful.

 

Anyone else??

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i wouldnt encourage anyone to wait for 8 weeks after receiving there final response. The step by step instructions and procedure are there for a reason, and the reason being generally the bank will NOT refund your charges unless you start court action.

 

LAwMcD, as they have pointed out themselves, has experience of dealing with these kind of people, and perhaps knew which buttons to push during the telecon with customer service. But your average punter doesnt know what to say, and seeing as there is nothing you CAN say to get your charges back, i would fully advise members stick to the tried and tested methods, the step-by-step instructions and the rules of engagement, which are all available in the FAQ's.

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Oh!

 

I was thinking about that approach - but maybe not, after all!

 

*Tried and tested route* - as my Heiland granny used to say!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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