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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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Dewars v Halifax


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Hi, I could do with some advice, ive got all my statements of halkifax and discovered that i was owed £3'222,77, so i sent them an LBA and they made me an offer of £1'200 which i refused as a full and final settlement but because i was working out of town and didnt have access to a pc i was unable to continue and this was back in october 2006 will i still be able to continue where i left off or do i have to start again?

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Is this for a Credit Card Dewers?

WARNING TO ALL

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Hi everyone think im getting the hang of things round here now so i hope im in the right area, anyway, i started my claim for unfair charges back in November 2006 for £3'222.00 but didnt carry it through as i had work out of town and havent had access to a pc. What do i do now, do i continue from where i left off or do i start the procedure all over again?

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Welcome to the site.What stage did you get to ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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2 threads merged.Try and keep your posts together.

 

You will need to reopen your complaint.If you are just claiming the amounts as before then send them a 14 day LBA with the schedule of charges.

If there are additional charges since then then you can add them to the Schedule and again send the LBA...taking into account the 5k threshold for small claims.

No online claims are being accepted at this time so you will need to file on an N1 laterin open court.

Take some time to read up on the developments since your last contacts including revised letters drafts and POCS which have been revised to take into account of developments in the past 12 months or so.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Sure you will find this in the banks temps library...N1 revised particulars of claim.This is further down the line for you but you can study it as you wait for a rsponse to your LBA.

It should be pointed out also that the waiver agreed between the OFT and the Banks as part of the test case..has given them extensions on deadlines to deal with complaints.Therefore its likely that Halifax will not reply within those 14 days.

However you should proceed and get your claim in ASAP.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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i've been round this site now for a few hours and Im still a little bit nervous and confused... how do i reopen the complaint and do i just send the revised LBA as i have had no contact with Halifax since i threatened to take them to court back in 06 plus i no longer have an account with them

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thanks, i dont think i'll bother with any more charges i'd be happy to just get what they origionally owed me, so do i just send a new Lba with the origional schedule of charges?

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If you do have more charges, just add them on to the list. I know it can be a pain having to redo, but if you have the original spreadsheet saved on your com, it will auto update, then all you need to do is add the new ones onto the bottom. Or failing that, just write them on at the bottom of your original sheet. Seems a shame to miss any off, when you dont have to.

 

Then yes send them to Trinity Road.

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Dewers

 

In your new LBA refer to the older charges using the Limitation Act 1980

 

You shouls add something like this in your letter:

 

I believe also that due to the Concealment of the true costs charged by the Halifax, under s.32 (1)© Limitation Act 1980 the payments were conceded on the mistaken presumption that the said charges did not amount to penalties.

 

It's your money they have taken, get it all back.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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ok ive done the LBA along with your "qoutation" at the bottom of it and printed out the schedule of charges is there anything else i need to do before i seal the envelope and put it in post PS do i need to send it via recorded delivery?

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Not that i can think of, send it recorded other wise they may say they have never received it. Try and keep a paper trail when dealing with any financial institution.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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sugar!! one more thing, the address that all my other post went to was my branch address, do i still send it there or do i send it to another address?--sorry

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  • 3 weeks later...

HI Anyone, ive sent my LBA nearly two weeks ago and am a bit confused about the court claim can anyone help? I live in birmingham and am ready to proceed with a claim but not sure where to start can anyone point me in the right direction please?

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please help, the 14 days for the LBA is nearly up and im still struggling to find out what to do next i dont know what to look for regarding court details and fees etc have looked at templates etc but on the n1 form do i just fill it in then send it to my local courts with the fee(how much) im starting to lose my nerve a bit nowicon9.gif

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First thing is to stop worrying, we will help you.

 

Here are the forms you need to fill in...

 

N1 FORM

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

 

POC FORM

http://www.consumeractiongroup.co.uk/forum/show-post/post-1066071.html

 

Fill these in, and make 3 copies of everything, as you need to send 3 to the county court

 

Have a good read, and if you get stuck, just ask. :D

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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ok ithink im getting the picture now.. ive filled in the N1 form but theres a piece in there that says "amount claimed "Court Fee "Solicitors costs" "Total amountin the bottom right of the first page do i leave this blank?

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