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    • 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.
    • I lived there with her up until I gave notice. She took over the tenancy in her name. I had a letter from the council and a refund of the council tax for 1 month.    She took on the bills and tenancy and only paid the rent. No utility bills or council tax were paid once she took it over. She will continue to not pay bills in her new house which I'm now having to pay or will have to. I have looked online I believe the police and solicitors are going by the partner law to make me liable.   I have always paid my bills and ensured her half was paid then see how much free money is over.   She spends all her money on payday loans and rubbish then panics about the rent. I usually end up paying it or having to get her a loan.   Stupidly in my name but at the time it was because she was my partner. I even paid to move her and clean and decorate her old house so she got the deposit back. It cost me £3000 due to the mess she always leaves behind.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Me and Abbey


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On the 06/06/7 I send a letter for data protection to abbey. they responded on the 16/06/07 giving me 6months bank statements and a schedule of paid and unpaid charges (£770 and 1321 respectively) and overdraft fees for £115.00. This schedule is from Jan 2004. Today 12/07/07 almost 36 day from initial contact I recieved a letter saying 'our reseasrch is taking longer than expected because we want to make sure a full investigation is done. If we are unable to complete our investigation before hand, we will write to you again in four weeks time to let you know how we are getting on.'

 

What should I do next it appears they are playing games asking to wait another 40 days and they have not furnitured me with all the info from when I opened the account in 2002. What is next for me now?.

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Hi there

 

Sorry no-one has responded to you - I didn't see your post the first time around, so I apologise.

 

It looks like Abbey are getting their knickers in a twist - again! - as this is usually the standard reply to the Preliminary letter requesting your charges back!!

 

I take it the 40 days for the S.A.R - (Subject Access Request) is almost up? In which case you can hit them for Non-Compliance; have a look here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

I don't know much about this route unfortunately, but hopefully all the info should be in the link.

 

Hope that helps.

 

Best regards

 

Jo xx

 

Just found this address for you if it helps:

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/105208-abbey-contacts.html

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I emailed [email protected] and found her quite helpful, she is in the data protection department which deals with the statements etc. apparantly all the earlier statements come from Bradford, which take a little longer to come through (they say this like they are talking about OUter Mongolia)

Good luck

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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Emailed Sheena but she was replied saying---'I have forwarded your query onto the appropriate business area handling the requests for Abbey. Our records do show that the historical information was sent out to you on the 20 June 2007. As it's clear that you have not received this data, I've asked them to re-issue the transactional information out to you as soon as possible.

I hope you receive the data safely in the very near future'

S0 I am still waiting

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  • 4 weeks later...

Next you send Abbey letter before action ( see template letter on here) with a copy of your spreadsheet once you have done it. Do not add interest at this stage. Send both special delivery that way you can use post office track and trace and know they have recieved it. Then sit down have a coffee and wait 14 days, unless you hear from Abbey before hand.

All advice given is without any liability and has been picked up from my own experiences.

Never give up hope - Life is to short.

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Before the LBA (letter before action) send this letter, the LBA is the one that you send 14 days later.

But yes! Have the coffee and sticky bun and be very, very patient!!!

Absolutely ditto to the advice about sending your letter recorded/special delivery, you need proof...

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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