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    • Hi, we are looking to get some opinions on weather or not to bother fighting this PCN. This comes from a very big retail park parking where there are restaurants, hotel, amongst other businesses. Apparently there is a max 3 hours limit which we were not aware of. This means taking kids to softplay and then having a meal on one of the restaurants will more than likely take you over the limit. Makes us wonder how they deal with people staying in the hotel as the ANPR seems to be in public street that leads to the different parking areas including the hotel.  1 Date of the infringement 26/05/2024 2 Date on the NTK  31/05/2024 3 Date received 07/06/2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  YES 5 Is there any photographic evidence of the event? Entry and exit photos however, based on the photographs we are almost sure the photos are taken on public street. This is the location I believe photos are taken from.  https://maps.app.goo.gl/eii8zSmFFhVZDRpbA 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up N/A 7 Who is the parking company? UKPA. UK Parking Administration LTD 8. Where exactly [carpark name and town] The Colonnades, Croydon, CR0 4RQ For either option, does it say which appeals body they operate under. British Parking Association (BPA) Thanks in advance for any assistance.  UKPA PCN The Collonades-redacted.pdf
    • Thank you for posting their WS. If we start with the actual WS made by the director one would have doubts that they had even read PoFA let alone understood it. Point 10  we only have the word of the director that the contract has been extended. I should have had the corroboration of the Client. Point 12 The Judge HHJ Simkiss was not the usual Judge on motoring cases and his decisions on the necessity of contracts did not align with PoFA. In Schedule 4 [1[ it is quite clearly spelt out- “relevant contract” means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—(a)the owner or occupier of the land; or (b authorised, under or  by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land; And the laughable piece of paper from the land owners cannot be described as a contract. I respectfully ask that the case be dismissed as there is no contract. WE do not even know what the parking regulations are which is really basic. It is respectfully asked that without a valid contract the case cannot continue. One would imagine that were there a valid contract it would have been produced.  So the contract that Bank has with the motorist must come from the landowner. Bank on their own cannot impose their own contract. How could a director of a parking company sign a Statement of Truth which included Point 11. Point 14. There is no offer of a contract at the entrance to the car park. Doubtful if it is even an offer to treat. The entrance sign sign does not comply with the IPC Code of Conduct nor is there any indication that ANPR cameras are in force. A major fault and breach of GDPR. Despite the lack of being offered a contract at the entrance [and how anyone could see what was offered by way of a contract in the car park is impossible owing to none of the signs in the WS being at all legible] payment was made for the car to park. A young person in the car made the payment. But before they did that, they helped an elderly lady to make her payment as she was having difficulty. After arranging payment for the lady the young lad made his payment right behind. Unfortunately he entered the old lady's number again rather than paying .for the car he was in. This can be confirmed by looking at the Allow List print out on page 25. The defendant's car arrived at 12.49 and at 12.51 and 12.52  there are two payments for the same vrm. This was also remarked on by the IPC adjudicator when the PCN was appealed.  So it is quite disgraceful that Bank have continued to pursue the Defendant knowing that it was a question of  entering the wrong vrm.  Point 21 The Defendant is not obliged to name the driver, they are only invited to do so under S9[2][e]. Also it is unreasonable to assume that the keeper is the driver. The Courts do not do that for good reason. The keeper in this case does not have a driving licence. Point 22. The Defendant DID make a further appeal which though it was also turned down their reply was very telling and should have led to the charge being dropped were the company not greedy and willing to pursue the Defendant regardless of the evidence they had in their own hands. Point 23 [111] it's a bit rich asking the Defendant to act justly and at proportionate cost while acting completely unjustly themselves and then adding an unlawful 70% on to the invoice. This  is despite PoFA S4[5] (5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 9[2][d].  Point 23 [1v] the Director can deny all he wants but the PCN does not comply with PoFA. S9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN only quotes the ANPR arrival and departure times which obviously includes a fair amount of driving between the two cameras. Plus the driver and passengers are a mixture of disabled and aged persons who require more time than just a young fit single driver to exit the car and later re enter. So the ANPR times cannot be the same as the required parking period as stipulated in the ACT. Moreover in S9[2][f]  (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; You will note that in the PCN the words in parentheses are not included but at the start of Section 9 the word "must" is included. As there are two faults in the PCN it follows that Bank cannot pursue the keeper . And as the driver does not have a driving licence their case must fail on that alone. And that is not even taking into consideration that the payment was made. Point 23 [v] your company is wrong a payment was made. very difficult to prove a cash payment two weeks later when the PCN arrives. However the evidence was in your print out for anyone to see had they actually done due diligence prior to writing to the DVLA. Indeed as the Defendant had paid there was no reasonable cause to have applied for the keeper details. Point 24 the Defendant did not breach the contract. The PCN claimed the Defendant failed to make a payment when they had made a payment.   I haven't finished yet but that is something to start with
    • You don't appeal to anyone. You haven't' received a demand from a statutory body like the council, the police or the courts. It's just a dodgy cowboy company trying it on. You simply don't pay.  In the vast majority of these cases the company deforest the Amazon with threats about how they are going to divert a drone from Ukraine and make it land on your home - but in the end they do nothing.
    • honestly you sound like you work the claimant yes affixed dont appeal to anyone no cant be “argued either way”  
    • Because of the tsunami of cases we are having for this scam site, over the weekend I had a look at MET cases we have here stretching back to June 2014.  Yes, ten years. MET have not once had the guts to put a case in front of a judge. In about 5% of cases they have issued court papers in the hope that the motorist will be terrified of going to court and will give in.  However, when the motorist defended, it was MET who bottled it.  Every time.
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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.

      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.
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      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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The "router" account below contains a phantom book debt - Mr Hemsley admitted that the "book debt" was an asset at the Commons meeting.

 

indebtnessstatement-2.jpg

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Sparkie and myself (and others) have been liaising with a whistleblower regarding RBSs behavior on the continent - I recently received an anonymous email advising me not to take this guy seriously.....Interesting.

 

Paul

 

 

Interesting who knew u were liasing with this guy.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Well, when you say accurate.:(

This was the "Book Debt" as of 1999, this is the figure that the RBS litigated on, & gained a CCJ for. The £300 are our monthly payments, Duncans CCJ was £56,187.08, & mine was £57,680.27. Despite the payments the "debt ledger" is increasing.

Debs

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Paul

 

Here's the 'Router' stuff for 2007. Remember, they don't add post judgment interest (so they say!!) and we had been paying £300 per month from 1999 for 7 Years.

 

Strange that we have paid them over £25,000 and the debt has increased even though they don't apply PJI.

 

 

 

Scan009.gif

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Paul

 

The RBS must like us.......we have many 'Router Accounts' that add up to lots of money that we don't owe but appear as assets for them.

 

It's going to take a few minutes to blank personal details but you may find it interesting

 

Back in a bit

 

Duncan

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Here's one of our 'Router Accounts'.

 

I've removed our address and some other personal stuff, but our full names are OK, we are pretty much known and I want to leave the full Router Account number.

 

 

 

 

Router-316745-1.gif

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Paul

 

The RBS must like us.......we have many 'Router Accounts' that add up to lots of money that we don't owe but appear as assets for them.

 

It's going to take a few minutes to blank personal details but you may find it interesting

 

Back in a bit

 

Duncan

 

Senior RBS are aware that their "recovery" system was defective but have continued to present phantom assets to auditors..... is this not a criminal offense?

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Senior RBS are aware that their "recovery" system was defective but have continued to present phantom assets to auditors..... is this not a criminal offense?

 

after the bailout in 2008, they know that they are indispensable, they can pretty much get away with anything. It's such a shame.

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Senior RBS are aware that their "recovery" system was defective but have continued to present phantom assets to auditors

 

So some interesting questions for the audit committee of the board and the auditors to answer.

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after the bailout in 2008, they know that they are indispensable, they can pretty much get away with anything. It's such a shame.

 

I have to agree.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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A book debt can NEVER be the same as the total indebtedness...that is how they are creating the false assetts.

 

The book debt is what a borrower has borrowed ....if you borrow £10.000.

 

That is your book debt.

 

Your Total indebtedness is the Book debt plus interest and other charges.

 

What the RBS are doing is turning the interest and charges ( i.e created money) adding these to the book debt into a total book debt....making the "assett" appear bigger than it is..... false accounting and fraud ......the total indebtedness does not become an assett until its fully paid....only the Book debt remains constant.

 

Clever aren't they???? or thought thy were.... but now they have been rumbled.

 

sparkie

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after the bailout in 2008, they know that they are indispensable, they can pretty much get away with anything. It's such a shame.

they are only gettin away with it because alister darling has given them the all clear to bury the debts ? he knows about it and should be called to the house to explain his part in this massive fraud and for his trying to hoodwink the goverment as well as the select committee,looks like fodder for GEORGE OSBURN to demand MRmove over ,come to the commons this will kick up the biggest stink we have seen in years .brown must have knowledge of it this is why no one is answering any questions....

ue finance ministers is also a good bet,ive decided MORE E MAILS LOL

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Can I suggest that you contact the Future of Banking Commission. Perhaps they'd like a copy of Sparkie's DVD.

 

http://www.which.co.uk/banking/howitwillwork

There's a bit more about it here.

 

 

What Termi hasn't mentioned here, is that she and I attended the Big Banking Debate in London on 4th and what a night!!

 

I had hoped to have posted a full report by now, but suffice to say it was like a breath of fresh air. MPs from the 3 major parties all gave the same message, that the behaviour of the banks is not acceptable and that they wanted to hear what bank customers have to say, including what ideas they have to resolve the problems. They specifically targeted charges and irresponsible lending, as well as bonuses. We sat at tables of about 10 people with a facilitator from Which? at each table to chair discussions on a number of topics and see what were the main 2 points that came from each of them which were fed back to the room (about 250 people attended in total).

 

Among our group, more seemed concerned about the interest on their investments than charges, although by chance a Trustee of Which? was among our group, and she was very well aware of the charges issue and was interested to hear about CAG and what we do.

 

There were 3 topics:-

 

1. Experience and Perceptions of the Banks

 

2. Problems with the Banks

 

3. Solutions

 

The MPs came down from the platform as groups discussed the topics and David Davis MP joined our group for a while.

 

A common theme seemed to be how impersonal the banks are now, no managers, no direct contact by phone, and that they are more interested in selling. We reached a conclusion that they are too big now, and there's no real competition. Profits are more important than people, and they just do what they like, without any effective regulation.

 

As we talked, I realised that profit was the real problem, and our charges are not only paying bonuses to bankers, but profits to share holders. I've decided to close my bank accounts and just use a building society which works for the benefit of its members, ie it's account holders and let the banks rot.

 

David Davis admitted he'd had banked with RBS for 40 years, but really people should move banks if they aren't happy with them, and it's true. While we stay with the banks they have no incentive to improve their ways or be truly competitive to give customers a good deal and a good service.

 

There was also a concensus that regulation needed tightening up, and that the FOS and FSA were failing as they too are bankers. One idea, which I thought was brilliant was, to have some kind of panel which included customer representatives.:D

 

The whole event was filmed and it should be appearing on the Which? website. We were also asked to hand in notes that we had takent so that they could be put before the Commissioners. I made sure I made some salient points and provided the CAG website address, along with a suggestion that if the Commissioners want to see what dire effects the banks have on people's lives, they should look on CAG.;)

 

At the end of the event we had a glass of wine, and Termi and I were joined by the facilitator from our group, who is also a Which? editor. She asked if we would like to be included on future focus groups and discussions on the future of banking, an opportunity we both jumped at, and provided our names, addresses and contact details. I really hope something comes of it, and I have to say, I think it will. I don't think it will be quick, and I don't think it will be easy, but I got a real feel that there is a desire to see things change.

 

Speaking for myself, I left the event feeling very optimistic

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Sparkie, Why don't you email our mate Hemsley the letter to Darling.

 

I'm under strict instruction not to wind em up.

 

PW

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Sparkie, Why don't you email our mate Hemsley the letter to Darling.

 

I'm under strict instruction not to wind em up.

 

PW

 

Hiya Matey

 

Your wish is my command;):D:D of course I will add a couple of points of my own:smile:

 

I sent John Mc Fall this e-mail last week....got an automatice reply to it so I know they received it.

 

Dear Mr Mcfall,

 

I hear that Chief Executive of the RBS will be attending a meeting of the Parliamentary Treasury Select Committee in the near future.

 

Is it possible that you could ask questions to him direct regarding the content of the two letters attached, which have been sent to the FSA and the FOS respectively.

 

One letter has been sent by me to the FOS the other is a joint one with Mr Paul Walton to the FSA

 

The content of these two letters will be explanatory enough for you to formulate some questions to put to Mr Hester, we have been attempting to obtain answers from the RBS top management and Mr Hester to no avail.

It may be possible for you to obtain them ...BUT I doubt it very much.

 

It is possible Mr Hester will have personally heard of both of us.

 

Thank you

Yours sincerely

 

sparkie

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Have just sent Mr Hester another E-mail and given him a link to this thread ....with Pauls permission of course ......and added a few notes for him to consider...I have attached a copy of the letter from the treasury to the Chancellor ....just in case he doesn't know about it ;):D

 

sparkie

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o he will know of it sparky he has people watchin his back

the chancellor has a lot of questions to answer to he has already become part of a cover up of the TELFORDGATE FILES this is a cause for the serious fraud squad yet they have not implemented any action, it wont go away i am writing letters as we speak and asking what where and why is nothing happening such as investigation

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I will remind peeps of what I showed on my DVD with regard to my " Router Account". and the falsely created EXTRA Book Debt and how it was done...

 

.I had an alleged original " Book Debt" of £171.57 after 15 months had reached an alleged total debt of £645....this was made up of the alleged Original book debt plus £474 of charges...RBS then created another " book debt" for these charges...............which cannot be a book debt............a book debt is only the initial fixed sum borrowed.

 

In Pauls case his Router account "BOOK DEBT" was made up of the total indebtedness which RBS confirm(ed) are Assetts..........but they are falsly created and fraudulently presented assetts.

 

Beacuse they are " Internal accounts" in Telford alone..... no one outside RBS Telford knew of their existance......they have come to light by errors made by the RBS..............there must be 10's maybe 100's of thousands of these Router Accounts but only 3 or 4 of us have discovered they exist.

 

In Pauls court case RBS stated that his Router account documents were sent to him in "error".

In my court case they were with held from my SDAR but presented in the RBS defence bundle....because Courts never give an LIP a chance RBS got away with it all

 

RBS conceal them from account holders who have them at Telford

 

sparkie

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Paul, Sparkie, Patrick et al I think you should all bear one important thing in mind. You are talking about a possible fraud involving a large bank and some of its senior management and perhaps Directors too. This Country is in the middle of a huge financial crisis thanks mainly to the actions of certain banks so the last thing the Government needs is for this to come out as well. It could set RBS into freefall and bring down other banks into the bargain and make our financial institutions the laughing stock in World affairs.

You only have to look at how probably a far bigger scandal involving HBOS

was handled back in 2008 where amounts of losses there amounted anywhere between £250 million and £1 billion depending on which report you read. Very few heads rolled, no prosecutions and one of the overseers of it all now is head of the FSA. You will note the comment that since he has been in charge, the FSA appear to have stopped levying fines on HBOS.

Ian Fraser - Business and Financial Journalist Ian Fraser Blog Archive HBOS: When did the rot set in? And were shareholders asleep at the wheel?

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lookinforinfo,

 

Are you saying that we should go away ...having suffered monetarily mental distress aggravation at the hands of the RBS.......if RBS had compensated us for this a long time ago instaed of abusing its position of monetary power ...again which they never had in the first place....should all others also the ones who have had their homes posseded on the basis of these router accounts

 

 

I made the PM. aware of what had gone way back in August 2007 ...if the Govt and authorities has acted then RBS would not be in such a bad position as it is now and nor would the Govt...........sorry mate I do not agree what we shoud consider.....no -one considered us.

 

 

I must log off now or I will get angry and the sie team do not like me when I get angry :D:D ....ONly joking site team I understand the situation well

 

sparkie

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Far as I'm concerned the fact that they're huge and have such a highly inflated sense of self worth is all the more reason to ask them to account for their activities. By allowing such activities we condone their actions and only set ourselves up for another bail out the next time one of their great money making schemes fails.

 

The recession, caused by such reckless financial gambling in the first place, is no excuse to allow them to get away with anything else that comes to light. If they go under so be it, all of their legitimate interests will be passed to more trustworthy institutions who it could be argued are more deserving of any bonuses now and in the future.

 

This is the security of the economy we are talking about, I feel it's not a big ask to let grown ups handle such an important task and anyone who isn't up to scratch, entirely reputable and morally responsible should quite rightly have no say in such matters.

 

I understand that the country is struggling and I too have suffered greatly because of it but equally I will never be content to let the kind of practices RBS and others have engaged in to go unaddressed. I fully support those on here who are clearly fighting to get some very serious concerns raised and dealt with in the proper manner and with their persistence and the intervention of the right people the public will come to learn more about the institution they have supported with their hard earned money.

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This is the security of the economy we are talking about, I feel it's not a big ask to let grown ups handle such an important task and anyone who isn't up to scratch, entirely reputable and morally responsible should quite rightly have no say in such matters.

 

I fully support those on here who are clearly fighting to get some very serious concerns raised and dealt with in the proper manner and with their persistence and the intervention of the right people the public will come to learn more about the institution they have supported with their hard earned money.

 

 

Hear, hear!!

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