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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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    • We have finally managed to obtain the transcript of this case.

      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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Link Financial County Court Summons


colin66
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Ah ok, the N150, cool

 

right then,

 

firstly, goto this page http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html and print out the directions and other info i have posted, then edit them to suit your case, in the Second piece it needs teh title editing to Section H other info

 

 

i will be back in a few moments with the rest of the info to fill in

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Quote:

 

Section A - Settlement

tick no

Quote:

Section B - Location of Trial

tick yes, in the box put that you respectfully request the case be heard at your local county court wherever that may be as you are a litigant in person

Quote:

Section C - Pre-action protocols

 

tick no in part 2,

 

Quote:

Section D - Case management information

amount of claim in dispute, you should be able to answer that

Quote:

Applications

tick no

Quote:

Witnesses

yes you so enter your details as a witness of fact

Quote:

Experts

 

Tick no

Quote:

Track

if the claim is under 5K then small claims, if its between 5 and 15K then fast track, otherwise if its above 15K then multi track

Quote:

Section E - Trial or final hearing

1 hour for the hearing as a guide, to be honest i have no bench mark as to how long it will take

 

if there are any days you are not available let them know

Quote:

Section F - Proposed directions

Attach the list of directions, if any, you believe will be appropriate to be given for the management of the claim

 

Quote:

Section G - Costs

 

leave blank

 

 

Quote:

Section H -Other Information

 

Please find the following attached to this allocation questionnaire;

 

1) Section H - other information

2) Draft order for directions

 

This allocation questionnaire and its attachments were sent to the claimant on **/**/2008.

 

 

theres a rough outline of what to do, if you have any questions then ask away

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Thanks paul

 

just a couple of things...

 

section c

 

you say to tick no in part 2..i have no part 2 it just says you are expected to comply with the relevant pre action protocol have you done so...if no explain why

 

section H is just about fees section I is other information asking me questions do i just put in the space that i have enclosed draft order for directions.

 

many thanks

colin

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