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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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    • 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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Phoenix/carter split court claims argh! 1 ccj already


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Pheonix are private equity investors who purchase zero rated assets, or debt that's been written off for pennies in the pound.

 

They are only interested in collecting the whole amount or litigating this unsecured debt to get a court judgement thus ofering a quick profit.

 

As they are offshore they allocate servicing agents like Marlin who openly advertise an automated litigation service for a fast result

 

The good news is they dont like it when you defend as their process is dependant on uncontested bulk claims....

Live Life-Debt Free

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I'm in a similar situation with Littlewoods, no credit agreement, and this has been going on since April 2007. I reclaimed all charges, they sold the account to Moorcroft whilst in dispute, the account was returned to Littlewoods, since then I have had phone calls and charges added to the account again. I wrote to them offering a FAF, about 50%, they took it that I was unable to make required payments to the account, and that it was now being dealt with by Phoenix!

 

Littlewoods have very kindly given me an address for Phoenix:

 

Phoenix Recoveries Ltd

Unit 16

Boundary Buisness Centre

Boundary Way

Woking

GU21 5DH

 

I await their correspondence with baited breath!!:D

L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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Ok guys/gals. Still not heard back from Carters only a letter saying my account on hold whilst they request docs etc. No action on their County court claim yet. What do i do , it's been ages since i sent them the CPR letter with no action/contact since. Any ideas on next step?.

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Wait until you hear back Roger......if they can't comply then you have a valid defence that any judge would throw out, no doubt you have seen other successes against Bryan Carter....it stumps them when people try and defend, as they just expect you to curl up and die and they hope to win by default...!!

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Right UPDATE.............

 

Heard from Bryan Carters today threatening County Court Action on the same account again, the figure has also gone up another £25 for what??. Anyway they last wrote to me saying my account was on hold pending a response from their client (phoenix), this was in reply to my first letter (see earlier part of thread. Now how can i be taken to court when i am in dispute in County Court Already for this account with them. And why have i had no response from them regarding my request (see earlier part of thread). I am mightily P%$£"^D off now and am getting nowhere!!!!!. Anyone shed some light?

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In one word Roger no, they may try but Bryan Carter have got a record on these forums of losing when faced up to obtaining the paperwork....if they have said it is on hold then you will have to wait until they come back to you....fight them all the way, They have a nasty habit of just claiming their fees in a CCJ too....they really need reporting to the Law Society, as it is an abuse, and I think it is either unlawful or illegal to break the debt down to avoid their obligations to you....

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As it stands Roger you have made a reasonable request for information to enable you to make a defence. (keep this at the forefront of your mind)...., if they send you another CCJ, fight them...if need be go and see your MP and explain what is happening...If you were to stand in front of a judge without any paperwork...you could quite easily get their case thrown out as they have provided NOTHING to substantiate....(and claim your costs too).....there is a defence if they don't provide what you have asked...

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Every time you send them a letter state at the bottom you are charging them £150 for your time and your time spent consulting, writing letters, seeking advice and researching law.....(why not ? they are doing exactly that to you !!)

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They have a nasty habit of just claiming their fees in a CCJ too....they really need reporting to the Law Society, as it is an abuse, and I think it is either unlawful or illegal to break the debt down to avoid their obligations to you

 

The original CCJ case currently in court "on hold" is there claim for £169 +costs against me, even though in the POC it says i owed £1000+ for the "debt" and that the figure "claimed for" is part of that debt. So i guess they are trying to claim for their expenses only. After they claimed in court i had a letter from another DCA they passed the alleged "debt" to?. Then after i sent them the CPR for my defence (to which i have received nothing from them, over a month ago) they replied my account is on hold now back to the full amount £1000+. I am going round in circles and they are charging me for letters on an account that is on hold and in dispute. Surely i shouyld have heard from the court by now or recieved my info as requested in my CPR. How long does this go on for . I feel so angry and very depressed that i just feel like running away as i can't face this constant chasing and cat/mouse games.

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Hi rogermeard, Yes it does get you down but keep your head up and fight. Your never going to be alone with your fight and as you already know, you are always going to get great support and help on these forums,

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IMPORTANT UPDATE......................................

 

Got a letter from the county court today saying that they have passed judgement as we did not reply to claim form??????????????

 

They say we must pay £? per month until debt is payed to Bryan carters, only for £250 or so , (their fees i guess) and also in the same post delivery another letter from Bryan Carter trying to threaten us with court action for the actual debt £1000+. Now i sent them a CPR regarding this debt and copied it to the court also including the acknowledgement of service form. I heard back from carters saying account on hold and heard nothing from the court, who have now passed judgement on us in favour of carters. I also sent the court a letter explaining that carters are acting illegally claiming for costs etc and still claiming for the debt.

 

Surely the court should have contacted me regarding the hearing date???

My wife is now in tears and i am absolutely gutted , i feel i've lost all my fight now. I wonder what the point of bothering to fight them is now.

Edited by rogermeard
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Phone the court on Monday stating that you received no paperwork from them regarding date and you have a defence as BC are claiming part of the debt only and not the whole amount. Insist that they give you the information to get a set aside and report BC to the Law Society, I suspect that it may be a ruse on BCs part rather than a letter from the court itself, anticipating their win.

 

Please contact the court, stating you have never received any date for a hearing and that you have already requested information from BC which was never received. Explain also that you have another letter going for the whole amount which is against the County Courts Act.

 

Also take both letters to your local Trading Standards and Citizens Advice bureau and ask for their advice. You will possibly need to get a local solicitor onto this disgraceful behaviour.

 

Also contact your local MP and explain that BC are breaching all sorts of guidelines here...

 

Make as much noise and fuss about this as you can to highlight the fact that this is NOT ALLOWED IN LAW and these are licenced legal people breaking their OWN LAWS.....

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Thank you for your reply. I have checked the case on the courts online service and a judgement has been entered against us . I can't understand why i was not notified of the hearing date as i sent them copies of the letters to Carters and the acknowledgement of service form and a letter stating i will be defending the claim in full pointing out that Carters are acting illegally etc. It's almost like i don't exist.

Edited by rogermeard
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I wouldn't mind betting that BC did an online check and claimed judgement on day 21 which is another 'abuse of process' as you had already stated you wanted to defend it.

 

I'd personally visit the courts and demand to see the court manager and get this sorted - its a clear breach of the County Courts act, if the court manager can't help state that you are going to the Law Society and you will ensure that the court has a complaint lodged against them at the highest level.

 

Get your MP involved as they should be able to help as well. BC have clearly abused the process and need taking to task. I'd also contact the Law Society and send them copies of the letter from court and the second letter from BC- they CANNOT SPLIT A DEBT under any circumstances and sue you twice.

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Claiming judgement means they have gone online and stated they have received no defence (very Naughty but the courts are sometimes very slack in updating online claims - and BC know it).

 

I have PMd you in return.

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Hi, hope you don't mind me hijacking this thread, my daughter seems to be in a similar situation. Very interesting thread by the way.

 

Last summer we CCAd Buchanan clark & wells. No reply and they have been in default since September 2007.

 

Now along comes Bryan Carter. I have found a letter from them dated April, and another one that has arrived today informing my daughter of court proceedings.

 

I desperately need some advice on how to deal with these clowns and also how to deal with the court papers?

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Ok, did you file an acknowledgement of service and a defence with the court within the prescribed timescales?

 

Sorry to be a bit thick, but I can only see from the thread that BC told you this was "on hold" - did the court actually tell you this/

 

It sounds to me as if BC have gone for a judgement by default because the court did not receive your defence. In order to get this set-aside, you would need to show a good reason why your defence was not submitted and why the judgement would not in all likelihood be made if you had entered your defence/attended court.

 

if I'm wrong and you did submit your defence to the court, please let me know as that is a whole different ball-game.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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I submitted the acknowledgement of service to the court plus a copy of the CPR letter i sent Carters and a letter notifying the court that i intend to defend and that Carters are abusing the legal process etc by splitting the claim etc. All of this was sent well within the timescale.

 

It was Carters that said my account was on hold (they are /have still been harrassing me for payment/court action) even though its on "hold". I heard nothing at all from the court, no hearing date or anything. I have also received none of the info i requested from Carters/Phoenix in my CPR letter.

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