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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.
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Sechiari Clarke and Mitchell


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Hope you manage to work out the interest, lancsman, it's def worthwhile. Good luck with your claim too, thanks for your encouragement:)

 

 

Received an acknowledgement of service this morning, indicating an intent to defend. They are using Sechiari Clarke and Mitchell solicitors for my claim. They have til the 28th July.

 

Just as a point of interest every one here thinks that Sechiari Clarke and Mitchell are a firm of independant solicitors employed by LSTB if you look at site C-I-N it shows as follows

 

REFERENCES

"I have been very pleased with the service provided by CIN. The matters referred to them have generally been related to difficult ongoing litigation cases where discretion and professionalism are essential. The results have invariably been impressive and have sometimes turned an almost lost cause into a success resulting in substantial savings to our client in the context of which the cost of the service is modest. Staff are helpful and knowledgeable and focused on getting useful and useable results; they have a good understanding of our requirements and objectives."

 

Malcolm Henderson

SECHIARI CLARK & MITCHELL SOLICITORS

[email protected]

 

As you can see the contact details are for Lloyds TSB asset management. The solicitors should declare that they are direct employees of the bank in any correspondance with you and the court as there could be conflict of interest or misreprentaion. Could be a case of a complaint to the law society by any one whos case is handled by them !!!.

 

May help put pressure on for a settlement, Kind Regards, Scorpio_manuk

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every one here thinks that Sechiari Clarke and Mitchell are a firm of independant solicitors employed by LSTB if you look at site C-I-N it shows as follows ... As you can see the contact details are for Lloyds TSB asset management.

 

So?

 

We know Lloyds use them.

 

There are also references from Rochdale council and UCB Home Loans.

Opinions given herein are made informally by myself 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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So?

 

We know Lloyds use them.

 

There are also references from Rochdale council and UCB Home Loans.

 

So, is that they have to declare that they are direct employees of the defendent to the court not acting on behalf. If they dont declare this then you simply apply to the court to to have there defence struck out and get sumary judgement with out having to go to AQ stage and pay the extra money. Thie site I quoted was a credit reference site CIN one of the hard nut ones they also do work for the council and UCB homes as well as lloyds. I am suprised you had to ask the question "So" as you are acting on behalf of the site and giving people advice on matters you should be aware of the relevance of this.

 

Kind regards, Scorpio_manuk

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As you can see the contact details are for Lloyds TSB asset management. The solicitors should declare that they are direct employees of the bank in any correspondance with you and the court as there could be conflict of interest or misreprentaion. Could be a case of a complaint to the law society by any one whos case is handled by them !!!.

 

The fact of them carrying an @ltsbasset.co.uk address does not necessarily mean they are direct employees of Lloyds TSB. It could quite simply be the case that they have been provided with a ltsbasset.co.uk address as they are handling asset management claims for Lloyds - keeping the appearance of 'everything under one roof' to the consumer, while actually being a seperate firm of solicitors. One of my various personal email addresses ends in @googlemail.com. Does this mean I work for Googlemail?

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Nope.

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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So, is that they have to declare that they are direct employees of the defendent to the court not acting on behalf. If they dont declare this then you simply apply to the court to to have there defence struck out and get sumary judgement with out having to go to AQ stage and pay the extra money. Thie site I quoted was a credit reference site CIN one of the hard nut ones they also do work for the council and UCB homes as well as lloyds. I am suprised you had to ask the question "So" as you are acting on behalf of the site and giving people advice on matters you should be aware of the relevance of this.

 

Kind regards, Scorpio_manuk

 

I don't understand your point.

 

The person in question would be an employee of Sechiari Clarke and Mitchell, not LTSB.

 

Why should there be any special kind of declaration?

Opinions given herein are made informally by myself 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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The fact of them carrying an @ltsbasset.co.uk address does not necessarily mean they are direct employees of Lloyds TSB. It could quite simply be the case that they have been provided with a ltsbasset.co.uk address as they are handling asset management claims for Lloyds - keeping the appearance of 'everything under one roof' to the consumer, while actually being a seperate firm of solicitors. One of my various personal email addresses ends in @googlemail.com. Does this mean I work for Googlemail?

 

Reload

Well a quick phone call confirms they are indeed Lloyds TSB Asset Management from both lloyds and Law Society. Reload not declairing that they direct employees is missleading and dependant on what they say and what they try to do is unlawful. There was a recent case when Bromley council in London and a call centre where both fined heavly for misrepentation as when people called to speak to council employees they where speaking to a contract call centre in Leeds who where answering the phone as being bromley council employees When they should leaglly be identifiying themselves as XXX Co acting on behalf of Bromley council !! Trading standards are really clamping down on this type of deception at the moment. All callers both on phone/doorstep and in writting e-mail must clearly identify who their employeer is and if they are acting on behalf of another company who that company is as well. In certain circumstances trading standards are refering these cases to the police as if money has changed hands or lost through a belief that they where dealing with one company and it was another then thats criminal deception. So beware of who you are dealing with it may not be who you think.

 

Kind Regards, Scorpio_manuk.

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I don't understand your point.

 

The person in question would be an employee of Sechiari Clarke and Mitchell, not LTSB.

 

Why should there be any special kind of declaration?

 

Barracad, The point being if you read things carefully this time is that they are Lloyds employees not Sechiari so when you get the court forms they show as acting on behalf this is missleading as they are employees of and the box should be left blank simple !!! You should never assume anything when in litigation if you make one mistake they will get your claim struck out. So what good for them is good for us they make a mistake and they get struck out !!!> Not being funny or wishing to start a bun fight but have you had any lay or formal law training Barracad for giving advice here ???.

 

Kind Regards, Scorpio_manuk.

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Reload

Well a quick phone call confirms they are indeed Lloyds TSB Asset Management from both lloyds and Law Society. Reload not declairing that they direct employees is missleading and dependant on what they say and what they try to do is unlawful.

 

Your only evidence so far that they are a direct employee of Lloyds TSB stems from an email address on an unrelated 3rd party's website, and two 'quick phone calls'.

 

Even if Lloyds are paying their wages, in terms of these cases they're acting as a firm of solicitors employed to act on behalf of their client (the Bank). Bully for them, they get paid twice by the bank.

 

If they were sending letters out on Lloyds TSB Bank Plc headed notepaper, or if you were able to provide evidence of Lloyds being a 100% shareholder in SCM, then I might credit this with more legitimacy. I certainly don't want to discredit the rest of your assertions, but until such time as you can prove unequivocally that SCM and Lloyds are the same company...

 

So what good for them is good for us they make a mistake and they get struck out !!!

 

Call me skeptical, but I seriously, seriously doubt SCM will have operated a large chunk of legal cases for Lloyds TSB for the last 8 years (At least, to my knowledge), while actually being illegitimately signing as solicitors 'acting on behalf of' rather than as 'the defendent/claimant'. Try telling a judge that the solicitors are actually the defendent in your case, and he will laugh you out of the court.

 

Not being funny or wishing to start a bun fight but have you had any lay or formal law training Barracad for giving advice here ???.

 

Do you? If so, given the precedent of what you're trying to say/sabotage here and the absolute garbage which was contained in your earlier thread, I certainly wouldn't be employing you to act on my behalf.

 

Lastly, we are NOT a legal site. As is mentioned in various places on this site, and in various signatures, all information and advice is offered without liability, and people are advised to use their own judgement and seek the advice of a qualified professional if they are in doubt.

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Scorpio please read my sig:

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal expereince. For legal advice you must always consult a registered and insured lawyer.

 

Having said that, I have never heard so much rubbish as what you are coming out with. Stating that a large firm of solicitors are deliberately concealing facts for hundreds of cases. Nonsense.

 

And asking me if I have any legal knowledge? In your previous posts you have suggested that a case would be transferred to the local court of the defendant, when the defendant is a high street bank!

 

I have moved these posts from the thread in question as it is unfair to hijack somebody else's thread, especially with such drivel.

 

And I am now going to lock this thread to avoid any further nonsense from Scorpio.

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Opinions given herein are made informally by myself 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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Barracad, The point being if you read things carefully this time is that they are Lloyds employees not Sechiari so when you get the court forms they show as acting on behalf this is missleading as they are employees of and the box should be left blank simple !!! You should never assume anything when in litigation if you make one mistake they will get your claim struck out. So what good for them is good for us they make a mistake and they get struck out !!!> Not being funny or wishing to start a bun fight but have you had any lay or formal law training Barracad for giving advice here ???.

 

Kind Regards, Scorpio_manuk.

scorpio, Lloyds TSB can have anyone they like represent them. If they want to get the YTS to do it, that's entirely up to them. The only thing which will matter is that the individual dealing with it claims to be a certified lawyer when he isn't. Whichever organisation he happens to work for is irrelevent.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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