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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.
    • New version after LFI's superb analysis of the contract. Sorry, but you need to redo the numbering of the paras and of the exhibits in the right order after all the damage I've caused! Defendant's WS - version 4.pdf
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NR/Wallers Claimform - £29k Pers Loan *DISCONTINUED*


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Evening Chaps,

 

Reading your messages i am not to sure where i stand now with a defence.

 

If my copy is enforcable am i in big trouble defending this case now ?

 

The figures may be incorrect but is this enough for my defence.

 

Womble

 

Hi, Womble,

 

a summary of where we are at present is that the default notice they sent you has certain inaccuracies, which may prevent them winning the case this time; but which can be easily rectified.

 

the papers you have been sent contain discrepancies in terms of money which are significant, and will make their case harder to prove.

 

there may be charges added onto the debt which you could fight, but we are still waiting for them to produce the paperwork.

 

My question of what the circumstances leading up to the case were (i.e. why can't you repay the money) is very important. there are, as they say, more than one way to skin a cat.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi Tom,

 

I originally borrowed to consilidate a bank loan because the rate was cheaper at the time.

 

In the end i was just borrowing more and more to cover other debts and it just snowballed one christmas time (2005)

 

The big Natwest overdraft was keeping us a float but the Natwest kept dragging me in to try to throw more money at me to clear the overdraft but i told them i coudn't afford to do that.

 

So in the end i just thought enough is enough and told all my creditors i cant afford to pay.

 

My wife does not work and i have a 4 year old and a 5 month baby to support.

 

I have two jobs and hopefully in the new year my wife can find a part time job in the new year.

 

My fight with Nr is i wont deny i owe them the money (£25,000) but i cant pay them what i haven,t got.

 

I have upped my surplas this month to them so if they cant get co unless i default on cj what is the point of taking met to court.

 

Womble

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Hi Tom,

 

 

I have upped my surplas this month to them so if they cant get co unless i default on cj what is the point of taking met to court.

 

Womble

 

they are taking you to court in the hope of getting a forthwith order, or an installment order so high you will not be able to pay it. If they get either, it effectively means that they will be able to apply for a charging order.

 

seems to happen more and more, these days.

 

You mentioned having other debts. if you keep within your DMP, how soon would you be able to repay them?

 

Do you live in england or scotland? (I'm assuming england)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi Womble

 

my personal thoughts on this as it stands

 

they have not supplied any documents they intend to rely on so i would wait and see what they come up with

 

as tom said , there is a certain amount of discrepancies contained within their case so you do have something to defend im my opinion

 

i would wait and see what they send you in response to your CPR request

 

regards

paul

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Hi Womble,

 

Can you type up the money figures for default / arrears in the demand letters etc.

 

I was particularly impressed with the £300 odd charges for "Direct Debit unpaid" in that list.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi, Womble,

 

i mean in each of the letters they've sent you in the bundle today that mention a default amount.

 

I'm just wondering... do their default amounts all say the same amount:)

 

So far, from what I've seen, they never seem to get all the figures to match up.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi Alan

You have £60.00 penalty charges on your statement which therefor renders your default note invalid as I explained way back in this Post.

Tomterm its not £296.00 penalty its a bounced D/D negative transaction with a £30.00 Charge.

 

 

Regards

Andy

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You just have to wait now and see if your agreement turns up and we can pull that to pieces and in the event it dosent you will base your defence on the invalid Default note Hope that makes sense

 

 

Regards

Andy

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No they cant have another stab at it Lol

We could do with some help from you.

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You just have to wait now and see if your agreement turns up and we can pull that to pieces and in the event it dosent you will base your defence on the invalid Default note Hope that makes sense

 

 

Regards

Andy

I think you got slightly confused here.

I think you meant to say if the agreement DOES turn up then......

 

As if it doesn't then that's a great part of the defence.

Remember No CCA = No Enforceable debt.

Be VERY careful whose advice you listen too

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The invalid default note on the statement of account.

Can that be in my favour with the court ?

If they dont bother to send the agreement is that more weight towards me.

I have until the 8th December to do my defence but do i need to fill that part in on the admission sheet or do the court send me a letter stating why? are you defending all of the claim.

 

Womble

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I stand corrected Typing too fast Lol

Thanks again Curly where would I be without you

 

 

Andy

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Alan

I told you last w/e to Defend all of it. later in your post it was refered that I was giving misadvice by a member of cag and therefore refained from your post.

I knew there would be penalty charges there always are and I bet you there will be problems with your CCA.Add the fact that they wont comply with your C.P.R request then your defence will reflect all these anomolies

So stop panicking you are in good hands with the team on CAG.

Hope this averts the crises for now.

 

 

Regards

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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