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    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
    • Thank you so much. Yes, I wish I had done my research and not paid. It's all for the same car park. Here is one of the original PCNs, they are all the same bar different dates. PCN-22.03.24-1.pdf PCN-22.03.24-2.pdf
    • Hi Clou, Welcome to the Forum and thank you for reading first before you posted. There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either.  Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.
    • 1 Date of the infringement 16th March   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22nd March   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received unsure   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] UNSURE   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y] post up your appeal] Yes. Stated incorrect location was used in JustPark app as honest mistake. Rejected of course.   Have you had a response? [Y/N?] post it up Yes, rejected:   Site: Sea View Car Park, PL27 6SR Date of Event: 16th March 2024 We are in receipt of your challenge in relation to the above Parking Charge. Appeals must be handled in a fair and consistent manner, therefore, in order for us to cancel any Parking Charge; it is necessary for us to find that the Notice was issued in error. As per the clear and prominent signage at this location ('The Contract'), drivers agree to pay the sum of £100 if 'A valid ticket is not displayed face-up on the dashboard; enabling all of the printed information to be inspected'. 'The Contract' also details that there is an exception for those with a valid mobile session in place. Had the driver felt that the terms of the contract were unacceptable, they had the option to seek alternative parking. By remaining, the driver is deemed in law to be bound by the terms of 'The Contract'. Our photographic evidence confirms that a valid ticket was not displayed, and a search of our records confirms that no mobile session was in place for the registration XXXX at this location; therefore, your appeal is declined. We note that you have submitted evidence of payment; however, said payment is not for this location. It may be the case that you feel that the charge is unfair; however, there is no legal basis to now reject a charge that the driver has already agreed to pay. In light of the above, the sum £100.00 is payable by 21/05/2024 or £170 thereafter. Our internal appeals procedure is now exhausted, our decision is final; therefore no further correspondence other than payment will be addressed or responded to. Should you disagree with our decision, you may submit an appeal to 'The Independent Appeals Service'; full details are on the rear of this letter. 7 Who is the parking company? Alliance Parking LTD   8. Where exactly [carpark name and town] Sea View Car park, Polzeath, Cornwall   For either option, does it say which appeals body they operate under. IAS Hi there, thanks in advance for any help on this.   Had 3 'PCNs' in post from Alliance for parking 3 times over a period of two weeks, unfortunately we were away from home so letters must have come over the two weeks but we received all at once if that makes sense. I realised I had used the wrong location on the car park app. The signs are not clear what the location is called (no code.) I only had receipts for two instances so I assume the first it didn't go through as had terrible signal. Paid £60 for one of the fines. Appealed the others saying it was an honest mistake and not very good signage (unfortunately submitted on their website and have no evidence of my appeal.) received the rejection of appeal as above.   Have now received the attached letter of claim. I have done some research for the amazing snotty letters but wonder if someone could kindly help me with writing one specific to my case? Thank you so very much in advance. LOC-alliance-1.pdf Apologies, 2nd page of LOC here. LOC-alliance-2.pdf
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Adams V Mbna


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  • 2 weeks later...

I got a reply from MBNA today sayingthat they have receive my complaint and I should hear something in 28 days from the receipt of the complaint....what do i do now - shall i sent the LBA off straight away or wait until the 30th when the 14 days is up to send it?

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What Michael says is absolutely correct, although it's very unlikely that you'll receive another response from MBNA within your 14 day deadline, it's best to keep up the 'being reasonable' stance just in case it ever reaches Court.

 

After the 14 days, send them your Letter Before Action, and at the end of that give their Advocates office a call (Gareth in there seems to be pretty good) and advise them that unless you get a full refund, you'll be starting Court Action.

 

Good luck

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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  • 2 weeks later...

So I rang their office today as I hadn't had any response and althoughit was a bad line she said that they had sent a letter out and basically deny the charges etc but are offering me a goodwill gestur of £200 - PHHHAA - I will wait till I get the letter - maybe in tomorrows post then I will start the money claim online - or shall I ring them back and say no its not acceptable?

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OMG I Phoned them but yvonne who is dealing with my case is going home in an hour i said the offer of £200 is not acceptable and I gave her until 5pm on monday to review it or I will be starting a MCOL. gosh I am ok in letters but after that phone call I am shaking

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DON'T !

 

These guys are trained negotiators and will sense when you are vulnerable and will then go in for the kill. Be strong, even if it is just for the few moments you speak to them. If you bottle it and agree to something you don't want to you will be kicking yourself forever and a day !

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O I was strong on the phone - just was all shaky after I have put the phone down - excitement nerves I don't know, Roll on monday. Should I call again Monday afternoon chasing them or just file a claim if I don't hear from them?

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Screw 'Em ! Just file it ! I think you have been over generous by allowing them Monday to come back to you. We must remember, you are not dealing with Yvonne, you are dealing with MBNA ! What if she gets knowcked over by a bus this weekend, does MBNA close and your claim ceases ? No. Forget the individuals, it;s the company we are dealing with !

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OMG - so I was already to do the MCOL tomorrow and I just got a call from Gareth Tunnicliffe - he went on about how I had some charges refunded blah blah and I had worked out the interest wrong it should be 24.9% I was expecting the worse when he offered more than I was claimng and it will credit my account within 48 hours!!!! wic - will donate as soon as credit appears - I cannot thank you guys enough :grin: :grin: :grin: :grin: :grin: :grin:

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How do they get the interest at 24.9% I have sent my LBA and have partially calculated my 8% interest per day per charge on a spreadsheet. Is the 24.9% related to the daily rate of interest from the MCOL registration?

Halifax: Data Protection Act letter sent 20/03/06, Request for charges refund sent 20/05/06, LBA sent 08/06/06, MCOL completed 03/07/06, Claim no 6QZ43444 date of service 07/07/06. Claim for £1665.

STILL WAITING!!

MBNA (two cards): DPA letter sent 21/03/06. Request for charges sent 05/07/05, LBA sent 20/07/06.

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?? I don't know - I didn't go down the MCOL bit was about to when he rang up and offered me - I wasn't going to argue as he worked it out being more than I claimed for . 24.9% is the interest rate of the credit card so the interest I have paid onthe charges form them. HLH

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Hi

From what i can gather from this forum, this is the interest that you have paid when their charges have taken you into an overlimit stuation, thats all i can suggest but i do believe this is right.

You only add on the 8% at the moneyclaim stage this is what the court rules allow you to do

Regards

adamski

 

 

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