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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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scottish procedure


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Managed to get the sist opposed. Judge was brillent as she done all the work for me. The cockyness that i had the night before soon went when i found i was up against a QC.

 

Thanks to the govan law center and everybody on these pages as well.

 

I have a prelimianry hearing next week.

 

Any advice or help again, would be much welcome.

 

Thanks again

 

Neil

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Superb Neil ! Was that at Edinburgh Sheriff Court ?

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Well done Neil :D

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Neil, what did the sheriff give as the reason for not granting the sists?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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To tell you the truth, i got a little lost in all the legal mumbo jumbo between the judge and their QC.

 

 

But the basic reasons which she seemed to accept were about the english courts not binding on scottish courts.

 

Also, she asked me if i would accept the verdict of the english court on the OFT ruling if it went in favour of the banks in which i said "no".

 

I also argued, and she agreed, that not allowing the sist would not take up court time.

 

I got a lot of my submissions from the Govan Law Center on opposing the sist which was of great help.

 

At the end of my submissions i handed her the copy of the Invernes case from judge Plye, also from the GLC website. When their QC wanted time to look at it and set another date, i then decided to withdraw it as i really couldn't afford to take another day off work

 

Hope that helps

 

Neil

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Hi Guys

 

Still got a couple of questions, if you don't mind.

 

1. What the hell do i take, say or do at a preliminary hearing?

 

2. I was reading the previous posts about splitting the claim in two at the small claims court. (That was what i was intending to do: £750 1st claim then £750 2nd claim. I got the idear from Moneysavingexpert. )

 

Howerver, i can see that if the bank offers me the "full and final settelment" i can't claim again.

 

3. What if i told the bank i will only accept on my terms ie, without the "full and final settlement" part.

 

4. Or what if i win in court, surley i'm then, able to claim for the 2nd part of my claim: as i have successfullly won in court?, with no strings from the bank attached.

 

Thanks again

 

Neil

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Still got a couple of questions, if you don't mind.

 

1. What the hell do i take, say or do at a preliminary hearing?

 

Have you a date for this?

 

2. I was reading the previous posts about splitting the claim in two at the small claims court. (That was what i was intending to do: £750 1st claim then £750 2nd claim. I got the idear from Moneysavingexpert. )

 

I done this back in the early days amongst a few others and this action was seen as an abuse of the courts time, you should claim the total due at that time. Are you aware the small claims goes up to £3000 in Jan 08.

 

Howerver, i can see that if the bank offers me the "full and final settelment" i can't claim again.

 

Actually you can if you dont accept their terms of the settlement, when you sign their acceptance you could remove FULL AND FINAL and replace with PARTIAL settlement, as long as you dont actually appear in court you could bring a second claim using "Res Judicata" If you go to court and you win then any other action brought by you after that may be in danger of being thrown out, CB have done this.

 

3. What if i told the bank i will only accept on my terms ie, without the "full and final settlement" part.

Answered

 

4. Or what if i win in court, surley i'm then able to claim for the 2nd part of my claim as i have successfullly in court? No strings from the bank attached.

 

Answered however this is not a straight forward YES or NO. Which bank is this?

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Hi, Neil.

 

I split my first two claims and got away with it. A lot of courts started throwing out more than one claim from the same account. HBOS did not mention a 'Full and Final' with my first claim, so I went Summary Cause with my second. They then had no contact with me what so ever and paid my second claim into the account they had 'closed' after my first claim. They then re-opened it, so I could withdraw my cash.

There's a thread here that should help you............

 

http://www.consumeractiongroup.co.uk/forum/scotland/117078-please-help-court-hearing.html?highlight=prelimery+hearing+in+scotland

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi,

 

Thought it was HBOS at Edinburgh Sheriff Court.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Sorry, It is Abbey.........:confused:

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Still got a couple of questions, if you don't mind.

 

1. What the hell do i take, say or do at a preliminary hearing?

 

Have you a date for this?

 

2. I was reading the previous posts about splitting the claim in two at the small claims court. (That was what i was intending to do: £750 1st claim then £750 2nd claim. I got the idear from Moneysavingexpert. )

 

I done this back in the early days amongst a few others and this action was seen as an abuse of the courts time, you should claim the total due at that time. Are you aware the small claims goes up to £3000 in Jan 08.

 

Howerver, i can see that if the bank offers me the "full and final settelment" i can't claim again.

 

Actually you can if you dont accept their terms of the settlement, when you sign their acceptance you could remove FULL AND FINAL and replace with PARTIAL settlement, as long as you dont actually appear in court you could bring a second claim using "Res Judicata" If you go to court and you win then any other action brought by you after that may be in danger of being thrown out, CB have done this.

 

3. What if i told the bank i will only accept on my terms ie, without the "full and final settlement" part.

Answered

 

4. Or what if i win in court, surley i'm then able to claim for the 2nd part of my claim as i have successfullly in court? No strings from the bank attached.

 

Answered however this is not a straight forward YES or NO. Which bank is this?

 

 

Thanks mate.

 

The date is next week

 

I'm aware the small claims goes up next year. Sods law that i started it before they changed the rule!

 

It's the Abbey.

 

Thanks again Bigmac:grin:

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At the preliminary hearing the sheriff will only decide if all reasonable steps have been taken before the court action in order to come to an agreement between the Defender and the Pursuer. If the sheriff is satisfied that this is the case then a proof hearing date will be set. The proof hearing is the hearing for the presentation of evidence. Usually the date for this is about 2 months after the preliminary hearing.

  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks to one and all for your help guys.

 

Was back in court today for the preliminary hearing. The banks Qc asked for a sist to be granted again and this time the sheriff went along with his request.

 

Amazing what a difference a week can make.

 

 

Neil.

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Hi mate

 

It was a different Sheriff. He said that reasonable grounds had been put forward to grant the sist and he was proctecting me from losing a complicated case financiallly.

 

Wish i had said a bit more now, but wasn't really expecting to have to argue about a sist again.

 

Neil

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Damn. There was a similar incident in Glasgow last month, I got in late and didn't discover if a QC was arguing the toss, but the female sheriff (whom I understood has already denied the sist at the preliminary hearing) got really snippy with the bank, saying she had already ruled that the sist was denied so was there any new information they wished to impart? The answer was in the negative, and when the Sheriff said the case could proceed, the bank's legal rep said that in that case he would have to seek further instruction and asked for (and got) a postponement.

 

I don't know what happened in the end, but a shame you were given the 'financial' argument (ie warning you off) when your exposure is capped in the Small Claims track.

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There appears to be absolutely NO uniformity in our legal system. Why does't one sheriff take direction from what the majority seem to be ruling. Does neilnicky have the right to appeal against that second ruling given that the first sheriff ruled against the sist? maybe on the grounds that a court ruling had been reached so Neilnicky wasn't allowed time to prepare for this second case: if the banks can ask for more time to take instruction, surely neilnicky can?

 

Anyway, if the banks could request a sist a second time, can Neilnicky not ask it be removed on a third occasion? Seems the only just way to me.

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