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    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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Girlybiker V Nationwide


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I`m sure It`ll come good for you LEGEND. Just be patient. No one was more surprised than me when I opened my letter this morning. It`ll come good dont you worry. And before you say it I dont mean that to sound patronising.

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Hiya,

 

Have you had your AQ'S yet from the court (Thats Legend and Girlybiker) or are you still waiting for a copy of the defence to come through? I can't believe that ehy seem to be paying some people beofre the 28 days and others are having to wait even longer!!. Especially you eddiemno as is was an astronomical amount and yet some people claiming alot less that that are having to wait, and wait, and wait..... Hopefully you will hear something tomorrow.:) Keep your chin up and keep smiling.

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CONGRATULATIONS!! Eddiemno by the way that is brillaint news hope they pay mine as quick as yours although not hopeful as not that lucky in life!:( but hopefully will be soon. Well done you.

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MAC, No worries i`ts coming your way sooner than you think. Anyway I`m off to bed now cus I`ve been on this site too often till 3o.clock in the morning and I`m going fishing in the morning.

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eddiemno: How many maggots can you afford? :D

McWills: No AQ yet and Im still waiting for a copy of the defence, Im hoping however it wont get that far (although Im preparing just in case.)

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Hi everyone, congrats to all who have been paid - obviously it is difficult to know what to expect next as there seems to be no pattern to the way Nationwide are responding - some get paid out well before 28 days are up and others, like myself and thelegend, are on day 32 now and still no correspondence - no court date, no money!!!

Mine is only for a meagre £491 (inc interest & court cost), (nothing to the Nationwide, but a fortune to me!!).

Well, will keep you all informed.:)

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Goodmorning GIRLYBIKER, personally I think they are unindated with claims and sorting them as they get round to it. I dont think theres any hard and fast rule. When I called the N/W a couple of weeks ago they did say that they were leaving claims right up to the last few days as they were extremely busy. As far as the MNO goes those were the old days when I earnt mega bucks and could throw it around. Oh, how times change. These days I`m far more sensible and frugal.

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Got a letter from NW this morning - They have paid up in full including interest and costs. I do like the "we wont cancel your account this time but our charges are fair so dont do it again otherwise we will cancel next time" Ho Hum !

 

Going to go through my credit card statements now and give them ago as well.

 

Good luck to everyone who is still waiting........... You will Win & you will get your money back.

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Well girlybiker (wot bike u got girl) & legend it appears a few of us have been left behind in all this. Still waiting for defence 9 days after time limit passed....what the **** are they playing at.

Andrew

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Hi Kopstar, I am beginning to feel quite invisible as being totally ignored by NW, still no court date, no money either - although I am still very hopeful that the solicitor at Eversheds was being straight with me when she said I will get my money back. Just a waiting game now!!

( I ride a Buellxb9s :) - love the grunt of a v-twin engine)

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Hiya Girlybiker,

 

Sorry to hear that you havnt had your money yet. Dont want to you to feel worse but they have paid me today pre 28 days. Have received £4,595.50 which were the outstanding charges but am watching to see they put the court costs and interest in very soon. Sorry but I think the problem might be MCOL I did mine via N1 way. Not received anything from court about a defence or a letter from Nationwide just 5 x corrections put into my account today.

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I too am 28 days + 9! I still have heard nothing after the Nationwide put in a defence that long time ago & nothing from MCOL either. My request is £1760 in total including interest, not a huge amount compared to some others who got paid well in advance of the 28 days so why haven't they paid me? The stress waiting to to hear from someone (anyone!) is becoming unbearable, and the checking of my account twice daily and seeing the same balance day after day is becoming depressing!

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Yeah I know what you mean, there seems to be 3 or 4 of us on the same timescale.

I am planning adding some bits to my XJR1300 with some of the cash, I do like the Buell, could maybe find the space for an addition (when I've paid for this one) lol

Andrew

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Kopstar, I think I may have done two things wrong in my claim though, which have may have caused me not to be paid & could potentially mess things up for me - I did not send a schedule of charges to MCOL once I registered my claim with them (although Nationwide have two copies), this was because initially I followed the advice on Martin Lewis' Money Saving Expert website & it didn't make any reference to having to do this - I only discovered CAG about three weeks after I put the claim in & my heart then sank.

 

Also, I put my claim in at the end of April and included bank charges for the period of 6 years and 3 weeks before because I was in a bit of a huff with the Nationwide due to them taking ages to supply me with the bank charge data (46 days). I put my S.A.R - (Subject Access Request) request in at the end of Feb and it took Nationwide until mid April to send me the info, breaking the Data Protection Act in the meantime. So I put my request in including about £250 worth of charges from April 2nd 2001, which was just outside the 6 year limit, but which in my eyes (at the time) were legitimate because Nationwide had dragged its feet in supplying me with the data. I now think that this was a mistake on my part.

 

Hopefully these two issues are just a coincidence in my claim not being paid, but not yet having received a defence I don't know but I think I am right to be pessimistic. Have you followed the CAG instructions or have you done something which may have caused a delay?

 

Does anyone have any advice on what I should now do? Should I send the court and possibly Eversheds the schedule of charges (about 5 weeks late!) and should I change my claim to only include less that 6 years worth of charges? To recap, Nationwide put in a defence 10 days ago but I have not received the defence, although I understand that it is being transferred to my local county court at the moment. According to Eversheds they put in a denial defence, whatever that means.

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SITTINGPRETTY, Just hang in there gal and start SITTINGTIGHT... I did exactly the same as you and copied Martins templates without sending the `schedule` off. And just the same as you I was pannicking that I`d stuffed everything up...... Look what happened to me . No defence although they said they were. So calm down, chill out and stop pannicking!!!!! I`m sure everyone is going to get paid out after my experience and amount they paid me. YOURS IS COMEING

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Chill girl chill....I am in exactly the same position. My MCOL simply said, you owe me this much money, you took it unlawfully now pay it back, from my perception the MCOL is not a place to go into chapter & verse on the subject, the address you served it to will already have been sent your initial data request, your intial request for the return of the monies & then the demand before court action......it's not your fault they did not respond appropriately, but they will.

I know it's hard but keep the faith, i didn't come on to this site untill i had filed with MCOL but it is the same path, we will get our cash back, everyday costs them more..

Andrew

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:) Hi all, DAY 34 - still no money, still no court date!! Although I have not yet received a copy of the NW defence sent to MCOL, a very nice lady called Leonie Davies at Eversheds in Cardiff e-mailed me a copy. (If you go back a few posts on this thread you will see what it said). Perhaps for those who are in the same position as me, thelegend, kopstar, sittinpretty, it might be worth giving Leonie a call and asking her what is happening, she will probably tell you that you will be getting paid but it is just a matter of waiting - however, to actually hear the words for yourself can stop the panic setting in. Worth a shot anyway. Will keep you all up to date so watch this space.:-)
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Still no money for me, after reading other posts that have been paid I suspect another tranche of people will get paid Monday. If you look back to the past they seem to pay a lot at the beggining and end of the week.

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Hi there, Nationwide really seem to be dragging things out for everyone don't they.

 

Anyway, hang on in there, by the looks of things from reading through all these message boards Nationwide do seem to eventually pay up.

 

Best wishes all.

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Hiya all,

 

Yeh I just think they cant keep up! Hopefully they will pay the resy of my claim tomorrow, they have until Wednesday so will be carrying on if no more gets put in before then, I think I will ring the Nationwide first though just incase it is lost in their system, but it does seem to be the norm for them to put in the charges owed first then the interest and court costs later so keeping on eye on my account. Hopefully there will be a few more paid tomorrow keep my fingers crossed for you all.

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im new to this site and am posting my prelim tomorrow,ive been reading everything i can regarding nationwide and am getting quite addicted to it!!! i wish you all luck with your claims and im hoping for success with my own(£1600)cant wait till mon to see if you all have been paid out.;)

chris

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Hi all, DAY 36 - still no court date, still no money!!! I will be off-line for a week so hopefully by the time I get back I will have some good news to share!! Fingers crossed for all of you who are waiting to get paid - hope your bank balance increases very soon.:)

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