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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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banks fault dd failed! bank charges


binkhus
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my husband has a regular dd which comes out on the 19th of each month, we have been really carefull to make sure money is in for this dd to stop getting charges ect. this month the 19th fell on a monday, on the friday (16th) we went to draw £10 out and we were over the limit! the bank had taken the dd early. we called the people who we pay dd to and they didnt ask for it early and sugested we talk to bank.

we looked online and it showed the payment had come out but it had mondays date next to it so we assumed we wouldnt get any charges on the account as more money way being paid in on the monday.

but we did getg charged £30, went into bank today and they insited at first the payment hadnt come out till monday and when we showed the printout with fridays date showing the dd had already come out she said that all dd payments had to be proccessed 24 hours before they were due to go out! and if a dd was due on monday the funds had to be cleared by 5.30 pm friday.

surely if this was the case the due date for a dd would have to show that date?

any advise please

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Hi Binkhus

 

Firstly what time did you draw £10. If it was after 6.30 pm it would automatically be showing automated transactions for the next working day ie the monday, but with mondays date.

 

The charge you recieved was it for return of DD or overlimit charge. If it was overlimit charge you would have had until 6.30pm on the monday to get funds into the account. If it was an unpaid item charge, Barclays T&C's clearly state that funds have to be available the previous working day.

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we couldnt get the £10 out! on the friday we had £45 in bank and the dd was due on monday for £55 but bank took it early so on friday we had no money and we were overdrawn at bank then they charged us £30 too.

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Hi Bink,

 

Your best bet, by far, is to go back to your branch and demand (politely) that the Penalty Charge be refunded at branch level as they have the discretion to do this. Insist on speaking to a branch manager or write to him/her to get refund.

 

If they refuse, you can take court action to recover this but it's a lot of faffing for one charge.

 

More importantly, make sure you understand HOW this happened so you can avoid it happening again.

 

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they are going top refund it but im still mad that they can take money 24 hrs before its due...... oh and it take 48 hrs for them to refund the charge.

total joke that they can do this sort of thing, the banks just make the rules up as they go along.

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Binkhus

 

Do you bank online?... what date is the dd showing on the statement. Providing its showing as the 19th and you had sufficient funds in the account by the close of play on the 19th you should not have recieved the paid referral fee. Paid Referral is basically an overlimit charge.

 

If you can prove that simply take your statement into the branch and say "look we were inside our limit, the dates prove it"

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Yeah the date said the 19th but the woman at the bank said the money had to be in by 5.30pm friday (16th) or they could charge us! i looked online on the 16th and the money had already gone out but the date it showed was the 19th. i mean she eventually said they would give me the money back as a gesture of good will but they had done nothing wrong! iv never heard of this 5.30 the previous day thing.

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The previous day thing does exist, unfortunately. A Paid referral fee relates to being over your agreed limit. If you were inside your limit on the dates shown on your statement then you have been charged incorrectly. You indicate that they offered to refund the charge, have they?

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