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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [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 states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [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; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Carter, Egg and Me.


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I received a claim from Egg via Bryan Carter which I acknowledged and my extension to the original 14 days expires the week after next (i.e. 28 days since I was served). Circumstances meant that I have had little time or energy to work on the thing. Any documentation which I have goes back before April 2007 but I seem to be a bit light on docs. This could be because it was done online.

 

Is there anything I can do with regard to filing a defence? The N1 POC is as follows:

 

The Claimant's claim is for the balance due under an agreement which is now all due and payable.

 

The Defendant agreed to pay monthly instalments under account number xxxxxxxxxxxx but has failed to do so.

 

and the Claimant claims the sum of £xx,xxx (>£10k)

 

The Claimant also claims interestlink3.gif thereon pursuant to S.69 county courtlink3.gif Act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00

 

Should I send accept defeat and take what's coming to me (got no money left, got no income to speak of, but still got a roof over my head) or should I send a letter under 31.14?

 

All help gratefully appreciated.

 

DPM

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just found this - I'll be back

 

If you click my name, then statistics then look at the threads I've posted on, you will see a few Egg & Carter ones. Have a read of the threads and that will give you some hope & ideas.

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card or loan?

issue date of the claim (it's on the N1)

 

Do you own your own home & if so is there much equity in it?

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The Claimant also claims interestlink3.giflink3.gif thereon pursuant to S.69 county courtlink3.giflink3.gif Act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00

 

We need to know more!

 

They could have some problems trying to Claim County Courts Act 1984 s69 8% Interest in relation to a Regulated Agreement!

 

Here's why:

 

The County Courts (Interest on Judgment Debts) Order 1991 SI 1991/1184

 

:)

 

Cheers,

BRW

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standard BC POC.

 

the paragraph is always in there mostly claiming £0.00 - you would have thought he'd use the word allowance more productively wouldn't you ??????

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Hi BRW :)

 

Yep on all counts.

 

Every now and again he puts the interest on, seemingly on the ones sold on to Phoenix and the like.

 

At least he's predictable :lol:

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Here's a CPR letter for you from http://www.consumeractiongroup.co.uk/forum/legal-issues/243427-bryan-carter-tesco-cc.html#post2721111 surprisingly enough from another recent Carter thread ;)

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.12 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county courtlink3.gif. I confirm having returned my Acknowledgement of Service to the court indicating my intention to contest all of the proceedings.

 

Owing to the striking lack of particularity in your Particulars of Claim, I require the prompt disclosure by you pursuant to CPR 31 of each of the following documents, mention or reference to which would have been made had the Particulars of Claim contained the minimum of necessary particulars and complied generally with CPR PD 16.

 

1. the agreement giving rise to the obligation to ######## for the credit advanced. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2. the default notice, the service of which was a condition precedent to the creation of the debt now sued upon by you.

 

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with that part of this request concerned with CPR 31 and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with any part of this request or fail to request more time, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I look forward to hearing from you.

 

yours faithfully

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Hi gh, I have a card. N1 date was about 10 - 12 Feb. Haven't got it with me but will have a look when I go home. Own home, some equity. Considered a remortgage but as I'm not earning a lot (self employed) then it's a bit of a non starter.

 

DPM

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Hi gh, thanks for the CPR letter which is being sent recorded or signed for on monday without my sig on the bottom. From what I see in the CPR letter I'm surprised that BC seem to just put quite general terms in their PoC and presumably they're accepted without question at the court. Quite amazing when you consider that the end result can be quite earth shattering for the Defendant.

 

DPM

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Just been reading various posts - it's quite illuminating!

 

BTW while I realise that I have to send a CPR letter but should I file an embarrassed defence online? I've already submitted an Acknowledgement of Service online.

 

DPM

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Ok, you've got 33 days from the issue date of the N!.

 

Ideally you do not file a defence until you've got something to file a defence about, but I think time will be against us.

 

If you do have to file a defence befre getting the paperwork then I suggest a 'proper' embarrassed defence rather than a multi page defence trying to answer everything when the claimant's POC states nothing -

 

DEFENCE

 

 

I XXXXXX of XXXXXXX I am the defendant in this action and make the following statement as my defence to the claim made by the Claimant, #######

 

 

The particulars of claim disclose no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR.

 

The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to, or proceeding the alleged cause of action.

 

No particulars are offered in relation to the nature of the agreement referred to, nor the alleged breach, nor the method by which the Claimant calculated any outstanding sums due, nor any other matters necessary to substantiate the Claimant's claim.

 

Further to that above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

The Defendant respectfully asks the Court to consider using its powers under CPR3.4(2)(a) and strike out the statement of case as it discloses no reasonable grounds for bringing the claim

In the alternative The Defendant respectfully asks the Court to consider using its powers under CPR3.4(2)© and strike out the statement of case as the claimant failed to comply with CPR Pre-Action Protocols and CPR16

 

You do not need to send that in yet - I have posted it so you know there is something available.

 

Get the CPR request off - I would also get a s.78 request off to BC as well on Monday again send recorded at least and send separately to teh COR reqest with your £1. The s.78 request can stop teh claim in its tracks - i know everyone is saying that its teeth have been removed, but a claim this week is using 'lack of full response to s.78' as a defence - it still works if the OC can't get their act together.

Add BC into the mix and getting your act together just got a whole lot harder ........

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31.14 is for docs mentioned in the POC 31.12 is for 'other docs'

TBH I seem to be the only one advocating its use, BUT saying that it has worked so I am happy to offer it.

 

No, you don't have to pay, just send it off to the solicitors

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I'll try anything once.

 

Where can I find a recent example of a S78 request? I've had a look around and can only find examples that are possibly out of date. I see that one or two similar requests have been made so it's probably not only me that's looking.

 

DPM

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an 's78' is a request to the creditor under sections 77-79 of teh Consumer Credit Act for certain information.

 

Here is a link to one http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

s.77 is for a loan s.78 for a credit card and s.79 for HP Current CCA

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  • 4 weeks later...

In response to my S78 request I received a copy of a document, several pages long, that is entitled Egg Card Agreement. It's an online/electronic doc dated early 2006 and is almost identical to simon1003's agreement. Also attached were a couple of hundred pages of statements. A couple of these referred to Default Notice costs - Notice of Default sums but no copies of Default Notices so I went off to where a pile of docs were piled very high and I found that I had received more than one DN. One every month, in fact, for more than a couple of months. Is this usual? I was under the impression that I should have received one DN then the account became terminated if I did nothing. If the account has been terminated then can it be defaulted again and again?

 

What next? SAR?

 

DPM (puzzled but that's not unusual)

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Just checking the DNs that I've received. The first has a remedy date approx 30 days after its sent date. The second DN was issued 2 weeks after the first DN - before the remedy date shown in the first DN. The remedy date in the second DN was approx 30 days after it was sent. Before the remedy date of the first DN had been passed I received my third and hopefully final DN with a remedy date approx 30 days later. The day after that 30th day of the final DN the account was terminated. The debt does not appear to have been assigned (awaiting SAR) and remains with the OC. Could anybody tell me - is this harassment by DN?

 

DPM

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have you followed the posts on your thread?

did you hear back after the cpr31 request with an extension?

if not did you chase them up about it once the 7 days was up?

 

if not,

when did the defence have to be in then?

did you submit an embarrassed defence as posted?

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