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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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Bryan Carter What A Coincidence !!!!


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Advice Please,

 

Had Egg card circa 2001, long story but struggled with payments had payment plan with them until account passed on to Fredricksons. Agreed further payments which I have been keeping up until just before last Xmas. Had various letters from Fredricksons and Bryan Carter during that period both chasing same thing.

 

Last week having gained a bit of experience on CAG with other CCA requests, decided to send CCA request on this account. BC would have it today (Sent Recorded). When I get home from work today as if by magic I have a letter from BC saying that they Have issued litigation procedings and I will receive papers in the next 48 hours. They have quoted what looks like a court ref no.

 

Coincidence or what !!

 

So our letters have crossed in the post. Can I just rely on CCA request and enter that as a defence if the said papers arrive.

 

Thoughts please

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Right then, true to their word, BC have issued a claim from Northampton CC bulk centre,

The claim is dated yesterday and is only a partial claim it is only just over 5% of the outstanding balance.

 

Need some help please !!

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Ok I will give this theory a shot with a few facts,

 

CCA request was received by BC yesterday posted 12 April so by my reckoning if no enforceable agreement is forthcoming by 30 April I can go a defence of no enforceable agreement.

 

The reasoning is that Claim served date is 5 days after claim issue date.

Issue date 14 April so 5 days = 18 April deemed as served.

 

I must reply by 14 days from 18 April which I make to be 2 May so BC cannot legally enter Judgement by default before that date.

 

So my theory is even though it is tight, as long as get my N9 in by 1 May I should be ok.

 

Anybody agree with me or am I just clutching at straws here ?

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Doesn't matter at this stage now whether they comply in time with your CCA request. You are entitled to demand that they produce it as you will be able to ask for it in disclosure. I think they are hoping to scare you now, so don't let them.

 

Get one of the guys who is clued up on the court stuff to help you. Obviously you will be defending, and I take it you'll want everything moved to your local court. That in itself will p!ss them off, as I'd imagine they were hoping you'd fold at the first hurdle and not even bother to turn up, thus winning by default. Sounds to me like they are desperately trying to get a win in sharpish cos they know they'll struggle with beating a s127 defence.

 

Make no mistake... if you don't defend, they WILL win by default even if THEY are in default of your CCA request.

 

I have a feeling that they might have shot themselves in the foot with trying to beat the clock here. I hope so anyway.

 

Try getting hold of TomTerm to help with the court stuff. It might be an idea to talk to your local court now anyway, and see how helpful they are likely to be.

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Also, it looks as though Carter is claiming for his fees only (again) This is in contravention of the Solicitors' code, and should be reported to the Solicitors' Regulation Authority without delay

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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Thanks for your input people,

 

Seahorse ---- I will be defending thats for sure. Its just been bad luck that BC has issued the claim simultaneously as my CCA request.

 

Rameses------ If I were to complain, do you have an address to write to I have looked around and it seems there are several legal bodies that I could inform ?

 

Regards

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Ok heres what you should do, within 14 days of the date on the claim form you must complete acknowledgment of service you can do this online the details will be on the claim form this will give you 28 days plus 5 days for service (so a total of 33 days) in which to file a defense, i would also send brian carter a request for information under CPR (civil procedure rules), sent recorded of course which they must comply with within 14 days, good luck :)

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Just to update you all.

 

Thanks for all your kind help

 

I am sending a CPR request to BC, that request requires BC to send their complaints procedure, probably won't get anywhere but I think I should be seen to be trying before going SRA route.

 

Regards

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Your request for info under disclosure rules should include a request for ALL info that they intend to rely on in order to bring the action. This will include the original agreement, if one exists. And although the CCA allows for a COPY of an agreement in order to satisfy their obligation to a CCA request, in court they will need THE agreement, or a TRUE copy. As their whole case will hinge on this, it is pure folly for them to try to proceed without it.

 

Of course, part of your defence will be that without it, BC are fecked.

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Thanks Seahorse,

 

Just checked my copy of CPR request and it does ask for "Any other documents you seek to rely on in court"

 

Hope that is strong enough !!

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Beau the best thing you can do is post any letters or requests on here first to get them checked over before sending, obviously without any personal details on them or reference numbers :)

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Hi Boro,

 

I found the CPR request from another thread posted up by Tomterm I think--, so it should be ok :cool:

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Ok I will give this theory a shot with a few facts,

 

CCA request was received by BC yesterday posted 12 April so by my reckoning if no enforceable agreement is forthcoming by 30 April I can go a defence of no enforceable agreement.

 

Yes, if the creditor fails to comply FULLY with a s78(1) request then they cannot enforce the agreement

 

78(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

and

(b) if the default continues for one month he commits an offence.

 

As you receive documents, scan them in, remove personal info (but leave figures if you can) and the post them up (via photobucket is easiest)

If you find my advice helpful - please click on my scales

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The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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Ref Storm

 

Default Notice says

 

Credit Limit xxxxxxx

Arrears xxxxxxxx

Balance xxxxxx

 

Then refers me to the T&Cs followed by :

 

Must remedy Breach (Arrears) by (date given)

 

Then threatens action, or no action depending on my response to the notice.

 

Sorry I don't have enough experience with these things to tell if that is a proper document or not.

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Ref Storm

 

Default Notice says

 

Credit Limit xxxxxxx

Arrears xxxxxxxx

Balance xxxxxx

 

Then refers me to the T&Cs followed by :

 

Must remedy Breach by (date given)

 

Then threatens action, or no action depending on my response to the notice.

 

Sorry I don't have enough experience with these things to tell if that is a proper document or not.

 

Beau

 

Can you scan it or take a digi pic & post it? (after removing personal info)

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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Hi pt2537,

 

Particulars as follows;

 

The claimant claims XXX.XX such sum being part of a debt due under an agreement Number XXXXXX (the Agreement) whereby the defendant agreed to pay the claimant xxxx.xx (The Debt)

 

For the avoidance of doubt in making this claim for part of the debt, the claimant does not waive any rights as to the balance of the debt, which the defendant continues to owe to to the claimant under the agreement. The claimant reserves the right to make further claim for such sums of the debt as remain outstanding.

 

Signed Bryan Carter

 

And thats it, thanks pt

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Hi pt2537,

 

Particulars as follows;

 

The claimant claims XXX.XX such sum being part of a debt due under an agreement Number XXXXXX (the Agreement) whereby the defendant agreed to pay the claimant xxxx.xx (The Debt)

 

For the avoidance of doubt in making this claim for part of the debt, the claimant does not waive any rights as to the balance of the debt, which the defendant continues to owe to to the claimant under the agreement. The claimant reserves the right to make further claim for such sums of the debt as remain outstanding.

 

Signed Bryan Carter

 

And thats it, thanks pt

 

OH REALLY,

 

another Carters special eh?

 

well Mr Carter when are you going to learn that your particulars of claim are UNLAWFUL

 

section 35 of the County Courts Act 1984 makes it unlawful to split the cause of action into two separate claims

 

Have you made a CPR request to them yet? if not its something that needs to be done as a matter of urgency

 

also what time frames are we looking at for your defence?

 

what is the latest it needs to be with the court

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