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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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I owe RBS, do I get paid my charges….


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I don’t know if any one has the answer to this. I have a loan with RBS but have just

 

started a claim for my bank charges. In the event that this claim is in my favour would I be

 

paid this money or it would go straight towards my loan even though they are 2 different

 

account numbers putting in mind that the account I am claiming against is not active

 

anymore. The account is not close but I don’t have access to it anymore. it's been lock by the bank Please advice

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Your loan has a completely separate agreement and won't be affected by your claim.

 

Unless you are in arrears with the loan, then there is no reason that the bank can offset the settlement against the loan.

 

Why is the bank account frozen? Is it overdrawn? If so, then any settlement would probably be offset against this.

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Thanks for the swift response

I don’t know if I would say it’s in arrears or not but the situation was, I couldn’t meet up

with the actually agreed monthly payments. So I wrote them a letter through a third party

and got a smaller payment agreement with the bank. The new arrangement is up to date

and still on going as we speak.

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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The account was not overdrawn it was just frozen because I couldnt keep up with the loan payment and I arranged for reduced payment it was then passed to their debt management department in somewhere in Birmingham or Telford.

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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  • 3 weeks later...

Hi everyone this my situation is a very awkward, have serched all the forum without any luck with any answer and I had to PM Bankfodder, then decide to start a thread on it.

 

Hi ,

 

Sorry If this thread is meant to be somewhere else on the forum..

First of all I will like to thank you for this site and helping people without courage to fight their bank against unfair bank charges.

Just wondering if you could advise me on this, I had a current account with Royal bank of Scotland, took out a £19,000 (+ £5000 PPI) loan to consolidate my debt. The loan account is a different reference. Towards the end of 2004 I lost my job and couldn’t keep up with the loan payments. I turned to one of the debt management company who manage to negotiate for me to freeze the interest and reduce monthly payment £86 a month, have never missed any payment since.

About 6weeks ago I wrote to Royal Bank (Debt management in Telford since my account is handle by that department now) to have the PPI on my loan taken off, to my surprise I got a call from a guy advising me they’ve agree to take the PPI off with has reduced my Loan by almost 5k.

Then I decide to try and see if I could claim bank charges on my current account. Request for my statement calculate all the charge and it came to a total of £1996.52. Wrote to Royal Bank in Telford again and got a letter from them saying my complaint to refund charges has been passed to customer relation as the request for bank charges refunds are dealt with by that department. The customer relation has written to me since then with the usually terms and condition crap that they would not be refunding the charges. They’ve also refuse to refund me with the second request (letter before Court action).

 

My next move now is money claim. But what I would like to know is in the light that I get a refund back are they going to pay me this money or put it towards my outstanding loan? I personally would have thought they should as this charges was taken illegally and it was when my account were still up and running and in good shape.

 

Please kindly advice me on this and if there is any template letter or legal argument I could slam the bank with, in the event that they want to pay the charges into my Loan :?

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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The claim is got nothing to do with my DMP. The refund I got back on the PPI I did on my own initiative. The DMP just update their own record with the letter RBS sent to me informing me about the PPI refund.

 

The DMP wouldnt have known that I got a refund back for the PPI if I didnt inform them.

Am not really sure if I can base the refund on my own terms .:?

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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This is just my opinion

 

The banks agreed to halt interest on your loan to benefit you. They agreed to the DMP. Now, for me, I cant see the arguement against the bank completely offsetting the amount from your loan.

 

Could the bank, upon paying you this money and you keeping it, not decide to right to the Debt Management people and say, WOW hang on, we have just hgiven him £XX.XX and he hasnt paid us back, thats not the spirit of this agreement, we want our money now and we will add interest.

 

Like I said, just my view

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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  • 3 months later...
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