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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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Being taken to Court by HFO Services -Please help Advice needed **WON**


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Rosie any luck yet, Turnballs have not filed anything so my case was stayed, how about you?

 

Hi there - well I have heard nothing either - not even a "fake" credit agreement. But I do have a Court Date from my local Court in reply to my N244 - to get the case thrown out. It's not til September - so guess will just have to wait til then. Good luck with everything.

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Hi Rosie

 

I have heard nothing either, not even a court date from my N244.

 

Broken arrow

 

I guess the court date thing relies a lot on the individual court and how behind they are with their workload. Perhaps mine are just efficient?! Must admit I just want the whole damn thing to be over now.

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Hi Rosie

 

Rang the court, they said the judge was looking at my case today and to phone back tomorrow.

 

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US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Hi Rosie

 

Rang the court, they said the judge was looking at my case today and to phone back tomorrow.

 

Broken arrow

Good luck with things and let us know :p

 

847 - I would advise you to start your own thread, because things can get easily "lost" in the middle of a big thread like this. If you start your own thread, then the Admins and people here with legal knowledge will see it more quickly and be able to help you more. Good luck.

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Hi Rosie

 

Just to update you, my case has been listed for a hearing, late August early September.

 

All the best broken arrow.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Hi Rosie

 

Just to update you, my case has been listed for a hearing, late August early September.

 

All the best broken arrow.

So sounds like a week before me.Good luck and thanks for telling me:)

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Rosie

 

Still no posts from IGNM ( last post 2nd July )?

I would not have done the N244 without his replies to my thread.

It raises a few questions, would TR have responded to my ( your ) defence and it might now have been stayed ( and saved us £75 ).

Was his advice correct and the N244 will get the claim struck out.

Any thoughts?

 

All for now

 

Broken arrow

 

PS

 

As they have not sent you a CCA yet they must not have a copy, no CCA no claim!

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Rosie

 

Still no posts from IGNM ( last post 2nd July )?

I would not have done the N244 without his replies to my thread.

It raises a few questions, would TR have responded to my ( your ) defence and it might now have been stayed ( and saved us £75 ).

Was his advice correct and the N244 will get the claim struck out.

Any thoughts?

 

All for now

 

Broken arrow

 

PS

 

As they have not sent you a CCA yet they must not have a copy, no CCA no claim!

 

Yes - I see what you mean - and maybe you're right. But if the claim gets struck out then the £75,.00 will be refunded anyway as far as I know. And I guess at least having it struck out means an end to the matter. If it's "stayed" it kind of hangs around for ever and they can resurrect it later I think. I wonder about what happened to IGNM too- but - one never knows- maybe illness or family problems - I hope he is OK.

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Rosie, BA,

 

I'm sure IGNM's advice was sound. It's the only way of getting rid of the clowns at TR. As you say, BA, with a stay the case hangs around like a bad smell. However, if TR wanted to, they could start the whole process again but IMO if they haven't got a valid CCA, they risk the court making a civil restraint order banning them from any further action.

 

Don't forget to ask the judge for the fee back. That way TR have to send you a cheque. You can almost drool over the thought of them having to pay you money. And don't forget to add your time preparing your case. As a litigant in person you can claim £9.25 per hour.

 

best of luck with the hearing.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Rosie, BA,

 

I'm sure IGNM's advice was sound. It's the only way of getting rid of the clowns at TR. As you say, BA, with a stay the case hangs around like a bad smell. However, if TR wanted to, they could start the whole process again but IMO if they haven't got a valid CCA, they risk the court making a civil restraint order banning them from any further action.

 

Don't forget to ask the judge for the fee back. That way TR have to send you a cheque. You can almost drool over the thought of them having to pay you money. And don't forget to add your time preparing your case. As a litigant in person you can claim £9.25 per hour.

 

best of luck with the hearing.

 

I am already drooling :) Thanks for advice about the time thing - I didn't know that. Do you mind me asking how many hours is realisitic to apply for? I've probably spent hours preparing over the past months,- but I don't want to appear too "greedy"!

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Hi Rosie

I don't know what a valid amount of time is. All I can say is that on a recent case of mine which was adjourned because the solicitors didn't have all the docs, they claimed £400 for a half hour hearing and all the preparation with a solicitor charging £125 per hour. The judge held over the costs but said I could claim my costs if I won. She added that it might only be at £9.25 per hour but obviously I would need longer than a solicitor to prepare and so "it usually works out at about the same"!!

On that basis you could charge for taking 10-12 times as long but that might be overdoing it. However, I wouldn't have a problem claiming a couple of hours for work that might take a solicitor 15-20 minutes.

I would also claim for travel costs to court and any loss of wages for taking time off work or taking a day’s holiday. Don't forget that you have to print off and send letters. Many solicitors charge a fixed fee as well. In my case they wanted £12.50 for sending AND for receiving & reading every letter. I don't know if the rate of £12.50 is laid down anywhere, but if it isn't, why not charge £12.50 for every letter you send/receive.

Whatever you charge, you could be asked to prove your time. I suggest you go through your file of papers and list each one and against each put in an estimate of time for dealing with each one.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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I don't think there are any forms. In my case, the other side wrote to me a few days before the hearing with an 'invoice' of their costs. The judge asked if I had been sent this. I think the idea is that once a judgment is made, the winning side asks for its costs. If the proposed figure is accepted by the losing side, then that is what is put in. If the loser objects, the judge seems to basically gets some agreement. In my case, with the other solicitors asking for £400, I suppose I could have objected and eventually settled on a figure of say £250.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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  • 1 month later...

"bump"

 

To all those who have asked, and who have contributed to this thread over the past months - I am delighted to tell you that I won :)

 

I took HFO to Court to have their claim for a Charging Order against my property, thrown out, as they have never responded to any of my letters or sent me any information. Of course they did not bother to turn up to the Court, which did not please the Judge at all :mad:

 

Their claim against me has been thrown out, and they are going to be told to pay all my costs within the next 14 days :) Of course I realise they may try and get this judgement against them overturned,- but I'm told not to worry in the meantime. I think my local Court are also pretty p****off with HFO who never seem to turn up anywhere!

 

Sadly, when I got home from Court, I found that I have a new battle on my hands - a letter from the (in)famous Cabot for my other outstanding credit card debt. But, thanks to this site, I feel so much more confident now, and I am going to totally forget about them for the next few days and celebrate :)

 

So again - just wanted to say thanks to EVERYONE here on this brilliant site who has helped me. Without your help, support, patience and knowledge, I could well have come out of this very badly, just because I knew nothing about DCA's and Court procedures or anything until this time. So big thanks to all - and a huge "GOD LUCK" to broken arrow for next week. i hope your case has a good conclusion just like mine.

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... and that was about 100 hours @ £9.25 you spend working on your defence, wasn't it?

 

Indeed :) Not to mention my loss of earnings for the day I went to Court, and the £75.00 for my N2444. I believe I have to ask a Mod to move this to the "successes" thread now!

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Hi and well done Rosie :)

 

Hope my hearing goes as well as yours , if I get same outcome IGNM,s advice was spot on.

 

How long did the hearing last? and was it all straight forward.

 

All for now

 

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US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Hi and well done Rosie :)

 

Hope my hearing goes as well as yours , if I get same outcome IGNM,s advice was spot on.

 

How long did the hearing last? and was it all straight forward.

 

All for now

 

Broken arrow

About 10-15 minutes - no longer :) Plus the 15 minutes I had to wait before they called me in, which I realise now is the time my local Court allows to wait for all parties to arrive, (just in case they are held up in traffic or whatever). The Judge was really approachable and friendly, and even though I admit I was very nervous beforehand, it wasn't scary at all. In my case - my Judge was a female in her 40's - very easy to talk to. One tip - if you haven't already done so - work out the costs you want to apply for before you go in there. I was expecting to have a form to fill in or something - but there wasn't one - the Judge just kind of asked me how much I earned per hour at work (to work out loss of a morning's earnings I guess), and any other expenses, and then told me how much she was awarding. I took loads of stuff with me like Bank Statements and payslips etc and she didn't need any of it, though I would still advise you to take it just in case your Judge is different. It really was so much better than I had feared, so good luck - hope yours wll be as trauma free :)Please let us know how you get on.

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Oh well done Rosie, I am really pleased for you. :)

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