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    • Thanks for posting the CPR contents. i do wish you hadn't blanked out the dates and times since at times they can be relevant . Can you please repost including times and dates. They say that they sent a copy of  the original  PCN that they sent to the Hirer  along with your hire agreement documents. Did you receive them and if so can you please upload the original PCN without erasing dates and times. If they did include  all the paperwork they said, then that PCN is pretty near compliant except for their error with the discount time. In the Act it isn't actually specified but to offer a discount for 14 days from the OFFENCE is a joke. the offence occurred probably a couple of months prior to you receiving your Notice to Hirer.  Also the words in parentheses n the Act have been missed off. Section 14 [5][c] (c)warn the hirer that if, after the period of 21 days beginning with the day after that on which the notice to hirer is given, the amount of unpaid parking charges referred to in the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in full, the creditor will (if any applicable requirements are met) have the right to recover from the hirer so much of that amount as remains unpaid; Though it states "if any applicable ...." as opposed to "if all applicable......" in Section 8 or 9. Maybe the Site could explain what the difference between the two terms mean if there is a difference. Also on your claim form they keeper referring to you as the driver or the keeper.  You are the Hirer and only the Hirer is responsible for the charge EVEN IF THEY WEREN'T THE DRIVER. So they cannot pursue the driver and nowhere in the Hirer section of the Act is the hirer ever named as the keeper so NPC are pursuing the wrong person.  
    • This is simply a scam site.  It's been shown to be a scam in the national press and on national TV. Please fill in the the forum sticky and upload the invoice you've received. In fact what you have is an invoice, not a fine, a private company doesn't have the power to issue fines.  
    • Moved to the Private Parking forum.
    • Good afternoon, I am writing because I am very frustrated. I received a parking fine from MET Parking Services Ltd , ( Southgate park Stansted CM24 1PY) . We stopped for a quick meal in Mcdonalds and were there fir around 30 mins. We always do this after flights and never received a parking fine before.  Reason: The vehicle left in Southgate car park without payment made for parking and the occupants southgate premises. they took some pictures of us leaving the car. i did not try and appeal it yet as I came across many forums that this is a scam and I should leave it. But I keep getting threatening letters.  Incident happened : 23/10/2023 I did contact Mcdonalds and they said this:  Joylyn (McDonald’s Customer Services) 5 Apr 2024, 12:05 BST Dear Laura, Thank you for contacting McDonald’s Customer Services. I’m sorry to hear that you have received a Parking Charge Notice following your visit to our Stansted restaurant.   We've introduced parking restrictions at some of our restaurants to make sure there are always parking spaces available for customers.   We appreciate that some visits such as birthday parties or large group visits might take longer and the parking restrictions aren't intended to stop this. If you think your stay will exceed the stated maximum parking time then please speak to a manager in advance.   Your number plate is scanned by our Automatic Number Plate Recognition (ANPR) system when you enter our car park, and then again when you leave. If you have overstayed the maximum time allowed, you will not be notified straight away- a Parking Charge Notice will be sent to you via the post.   If you feel that a Parking Charge Notice has been issued in error, please contact our approved contractors who issued the charge in order to appeal the charge. Unfortunately McDonald's are unable to revoke parking tickets- the outcome of the appeal is final and cannot be overturned by McDonald’s.   Many thanks for taking the time to contact McDonald’s Customer Services.   Can someone please help me out and suggest what I should do next?  Thank you 
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beboii vs First Direct


beboii
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Well here goes .... the DPA letter went today. Recorded delivery.

 

I have statements going back about three years and there are nearly two grands worth of charges on those including a memorable seven direct debits returned in one month because of an excess overdraft fee. Truly eye watering. Lord alone knows what the final total will be.

 

I have a parachute deployed and its good to know that there is a lot of support and previous experience to fall back on in these threads.

 

Can't wait to see what happens, will keep you posted

 

b

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a memorable seven direct debits returned in one month

 

It wasn't memorable in a good way... but getting it back will be!

 

Good luck!

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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  • 2 weeks later...

Received a letter from FD by return saying they would provide the data requested and returning my cheque. No statements as yet but hopefully it won't be long. I'll chase it this week.

 

A similar letter has gone to capital one, they haven't even acknowledged it yet. will start a thread in the appropriate place when they do.

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Rang FD on Thursday to chivvy them along, statements arrived within 48 hours. Have gone through them once, the charges are about £2000.00, going back to check them again now - would hate to miss anything.

 

First Letter requesting a refund will be in the post first thing Monday morning.

 

Incidently Capital One cashed my cheque but haven't yet seen fit to drop me a line acknowledging it or advising me of an expected delivery date of the data - shameful!

 

Toodle Pip

 

B

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  • 2 weeks later...

Well I got standard "cause to complain letter" handsigned it is. they have sent me a very useful leaflet too about the banks complaints procedure. Looking forward to Monday next when the LGA goes in the post....

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I like the sound of an "LGA".

 

Last Gasp Attempt?

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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Ah the post just came and with it a letter

 

WITHOUT PREJUDICE

 

Dear Mr Beboii

 

Thank you for your letter dated 10th July requesting a refund of £xxxx.xx (they got the figure wrong from my letter £250 out!!) bank charges.

 

In the circumstances where you have authorised a payment that would, if met by us, lead to your account going overdrawn or to exceed an agreed overdraft limit we have to consider whether to make this payment. A fee is payable for this service provided by the bank, details of which are clearly laid out in our published tariff. The circumstances in which the fee will apply are set out in our account terms and conditions, a copy of which was provided to you when you opened your account. We are confident of our position and believe that if your claim for a refund proceeded to court, we would successfully resist any legal challenge in relation to these fees.

 

FD is, however, mindful of the management time and irrecoverable legal costs we may occur in relation to such a claim. For these commercial reasons alone, and without any admission of liability whatsoever, FD is prepared to make a payment to you in the sum (of a bit more than half)

This represents the charges applied to your account in full and final settlement of this matter, but does not include recall/unpaid item fees which I am not looking to refund.

 

If you accept our proposal please sign and return the enclosed declaration (wrong sort code on that) in the envelope provided and we will arrange a refund to you. This offer remains in place for ten working days.

 

I do hope I have clarified the bank's position, however, I am obliged to advise you of your right to refer your complaint to the financial Ombudsman service, as this constitutes the bank's final response.

 

etc etc.

 

 

 

Robert Kernaghan

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So:-

 

Its interesting that its a fee for a service - if so one would think it would remain the same in every instance. Furthermore I seem to rember reading a post on here somewhere that says a fee for a service has to be proportionate. The 1982 act I think.

 

This also seems to suggest a human makes the decision rather than it being an automated process - no notes to that effect on my account.

 

I also like - we think we will win so have some money

 

Anyway I think my response will have to be something along these lines:-

 

Dear Mr Kernaghan.

 

Thank you for your prompt response to my letter and the kind offer that it contains. Unfortunately I will have to reject it.

 

As I have stated in my previous letters I believe that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

My arguement is that the bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

 

I have repeatedly asked the bank to justify their charges but to date you have declined to do so.

 

Therefore I would again request that you refund the correct ammount of £XXXX.XX as per my letter of 10th July plus £XX.XX in interest charged. If I do not recieve a satisfactory response from yourselves by my original deadline I will commence proceeding against you as previously stated.

 

Best wishes

 

 

Beboii

 

Any comments?

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Sounds like it's bang on. Fingers crossed for you.

 

You may also be able to answer my query...

 

Are you intending to claim for the interest charged when these fees took you still further overdrawn? If so, how did you calculate it? (I'm not referring to the 8% we get to add on if it goes to court)

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There's a spreadsheet done by Vamp in the templates folder.

 

It is (apparently) very easy...

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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  • 2 weeks later...
  • 2 weeks later...

they acknowledged the claim on the 18th August, unfortunately I like a donut claimed the wrong ammount (included the interest in the particulars of claim but not the total ammount claimed) and have had to ammend the claim using an N244 filed online. Does anyone have any idea how long that application might take to be heard and what do people think will happen now that first direct have acknowledged?

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  • 3 weeks later...

well after my mess up with filling in the papers (thank you fivelaws for your advice) they sent a partial offer which I rejected. Today I recieved an offer of the full ammount ---- now how good does that feel. Soon as the money comes in a donation is a coming. The site has been invaluable in both information and support and I could not have done it without your help.

 

For anyone thinking about it... should I ... shouldn't I .... course you should

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