Be careful though, that only counts to Council run carparks, I don't think Private car parks would count. You would have to challenge the validity of the penalty in the same way as your doing for the banks action.

You are also more then entitled to type up a transcript of the call for court, if the bank disputes the version of events in the call then you can always inform the court you have the recording of the call. If the bank refuses to allow it's admission then they can't question the validity of the transcript. I still hold to the fact you can record the call in the 1st place though. http://www.seg.co.uk/telecomm/record.htm Have a look at point 18 of the explanation of condition 7. If in your first or second letter to the bank, you put the caveat: "Under guidelines issued by Oftel in regards the operation of my SPL (Self Provision licence), I inform you that I may record any future telephone conversations with agents of AnyBank plc for accuracy and consistency purposes." That way you're making best endeavours to inform them. Cover your own back.

No, but you tell them what they want to hear. Although I do now have a greater respect for this woman if she grabs the bull by the horn.

Not trying to hijack the thread here, it's sort of similar, but when I go to file a claim, I live in London, but work in Southend and stay here midweek, can I pick what court I file the claim in? I would rather do it in Southend.

No you don't have to inform them when you're recording the call for your own personal use. Thats why the Met police commisioner got off for taping his phone calls about the De Menzes affair.

Interesting aside to this story, I was clamped in my own London residential parking space because my Permit had fallen off the windscreen onto the seat. Never mind the fact that the clamper had to be looking at the seat (and ticket)as he clamped the car, he still preceded to do so. Well, a couple of phone calls and letters got nowhere, they would see me in court. So I had a kick about the car the following week and realised that if I let the air out of the tyre, I could get a wheel nut spanner in the gap. So removed the tyre, had a look in behind and the chain was wrapped in amongst the wishbone. Got my socket set, dropped my suspension, slipped the clamp off, tightened everything back up and then proceded to drive 150 miles up to visit my mate who I'd not seen for a while. Whilst there, I happened to pop into the local police station and hand in the 'clamp' that was unclaimed at the side of my car as lost property, unfortunatly I couldn't remember any of the firms details and promised to pop something in the post (unrecorded) if I remembered them. Police woman had a knowing grin on her face almost as wide as mine. Clampers, I hate them.

I have just sent the following letter into Westminster council: 24.04.06 Dear Sir/Madam: I write in reference to PCN: XXXXXXX issued to registration XXXXXXX I ask you to strike this PCN out on the following grounds. I was in the Post Office collecting a parcel therefore I was loading my vehicle. Parcel number was XXXXXXXX The PCN had not been issued by the time I returned to the vehicle, the warden XXXXXX printed the ticket as I entered the car, after I had clearly told him I was the owner and had returned to the vehicle. The photographic evidence taken by the warden shows I was in the car at the time. I question the validity of the PCN as the PCN in question does not have the date of issue clearly marked as per the instructions of Section 66 (3) Road Traffic Act 1991 and does not adhere to the standards demonstrated clearly by the DoT model ticket. I refer you to Macarthur v. Bury Metropolitan Borough Council and Aldridge v. Westminster City Council. I question the validity of the PCN as the PCN in question does not state the time that the vehicle was first seen and does not adhere to the standards demonstrated clearly by the DoT model ticket. I refer you to Macarthur v. Bury Metropolitan Borough Council and Al’s bar and Restaurant Ltd v. London Borough of Wandsworth. I question the validity of the PCN as the PCN in question states “If you do not pay within 14 days the full charge must be paid within 28 days” contained in the information headed “Payment” on the back of the PCN. I find this confusing as it implies payment of the penalty is required from the driver of the vehicle whereas in fact liability rests with the owner of the vehicle. This conflicts with Section 66 (2) Road Traffic Act 1991 and does not adhere to the standards demonstrated clearly by the DoT model ticket. Further to striking out the PCN, I ask that you take actions to provide further training for warden XXXXXX and make a note of his surly, ignorant attitude towards myself, a member of the public, when I remonstrated with him about his illegal issuing of the aforementioned PCN. Grunting and walking away is not what I construe as a very public facing attitude and I shall be writing to the Transport Secretary and my Member for Parliament pointing out the failings of a Westminster City Council member of staff in this incident. If anyones interested, have a look at this site http://www.lmag.org.uk/ It seems that quite a few London boroughs are issuing illegal parking tickets. Fight the ticket, the more personal evidence you give along with the validity claims, the more chance they'll rip it up. If anyones interested, you have a 20 minute loading/unloading grace period in most bays and single yellow lines. http://www.parking-appeals.gov.uk/RegAndLeg/parkingRegu.asp

Anyone got any ideas on whether this would work with the London CC? I've been hit twice for £100 penalties because through sheer forgetfulness myself I've forgotten to pay the £5. Now this is a clear example of a Penalty charge, but have we entered a contract by me driving into the congestion zone?

Will do.

The thing that gets me, is sometimes the bank will pay the DD even though you're overdrawn and other times it won't. Why not just have it plain and simple. Money not in the account = transaction will not be honoured. Then it's up to the supplier to pursue the debt. The reason it isn't like this is because the banks realise they're sat on the golden egg here. Why do you think we see the link to rising consumer debt and rising bank profits. 2 minds, I'm going to shove my court summons right up that fat gooses golden egg laying a$$ and I'm going to have the biggest baddest smile on my face when I'm doing it. The old saying he who laughs last laughs loudest springs to mind here.

I picked something up in Hansard the other day: "Anne Snelgrove (South Swindon): To ask Mr Chancellor of the Exchequer, if he will take steps to limit punitive charges that can be levied when (a) a bank account goes overdrawn and (b) a credit card limit is breached" I decided to write to the aforementioned MP, I've included my letter and I'll pop up her reply here if anyones interested. Anne, I must be honest and confess I voted Conservative at the last election, but as one of your constituents, I do take an interest in my member of Parliaments actions whilst representing me in Parliament. It was with interest that I saw the following notion in the latest order book in Hansard: "Anne Snelgrove (South Swindon): To ask Mr Chancellor of the Exchequer, if he will take steps to limit punitive charges that can be levied when (a) a bank account goes overdrawn and (b) a credit card limit is breached." I note that this is for the session starting the 18th of April 2006. You may be interested to view a web forum that I am a member of at the moment: http://www.consumeractiongroup.co.uk This site is addressing the very issue that you champion. We as a group feel that these charges are unlawful in regards to the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law as they penalise for breach of contract by means of disproportionate penalties. I must thank you in advance for taking up this action for us, the general public in our disproportionate battle against the banks. I am sure you will realise the general consensus amongst the public is that these charges are unfair, yet what can we do to stop them. It is only in the hands of the executive that we can hope to put a stop to this illegal practice by the banks and only with help from members like yourself can we hope to address this issue. I finish this mail with a simple request. Could you forward me any response you receive from the treasury regarding this query? I thank you in advance and leave you with the knowledge that you have gained my vote at the next election. Yours faithfully, David McIntyre

Heppy, does the first page have any internal reference attached to it and any idea what department it's come from?

I did a check on Hansard and this interesting bit cameup: "Anne Snelgrove (South Swindon): To ask Mr Chancellor of the Exchequer, if he will take steps to limit punitive charges that can be levied when (a) a bank account goes overdrawn and (b) a credit card limit is breached." The answer hasn't been published yet though, nothing I could see anyway. This is for the sessions starting the 18th of April, so it should come up by Wed/Thur next week at the latest I expect. Might be interesting if 'someone' then did a FOI request to the chancellory asking for ALL internal communique regarding this question and answer to the commons. We could see how the treasury is thinking about this matter.

Cheers folks, missed the search feature. :-|

Thanks folks, I'll recheck. Anyone any idea about Scottish question?

Aloha one and all. Sent my DPA off to Halifax on Tuesday. quick question though, never saw it answered in Faq's. If my claim is over £5000 (and in 5 years I'm guessing it will) whats my best options? 1. Should I go for the lot and leave the small claims? What's the consequences? 2. If I stay in the small claims can I split my claim? ie. £3000 for 2001 to 2003 and then remaining for 2004 to date. 3. I'm Scottish, opened the account in Scotland with Halifax (Not BOS), but have lived in England since opening it for 5 years, my registered address is in London and I'm on the electoral register there, can I succesfully persue this in the English courts? Any ideas or links to cases that have had this would help. Cheers all.

Aloha one and all. Sent my DPA off to Halifax on Tuesday. quick question though, never saw it answered in Faq's. If my claim is over £5000 (and in 5 years I'm guessing it will) whats my best options? 1. Should I go for the lot and leave the small claims? What's the consequences? 2. If I stay in the small claims can I split my claim? ie. £3000 for 2001 to 2003 and then remaining for 2004 to date. 3. I'm Scottish, opened the account in Scotland with Halifax (Not BOS), but have lived in England since opening it for 5 years, my registered address is in London and I'm on the electoral register there, can I succesfully persue this in the English courts? Any ideas or links to cases that have had this would help. Cheers all.