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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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Capquest Statutory demand help Urgent **WON + COSTS**


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In part c it says assignee is Capquest and the particylars do refer to an assignement from the original creditor passed to capquest in xxxxxx xxxx also they have added over xxxx pound in interest aswell.

Edited by stuscfc
due to safe guards aginst dca snooping
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OK, then may be notice of assignment was properly given. Not having seen what was sent in 2006, I wouldn't know for sure.

 

If the Particular of Debt refer to the assignment of the debt in summer of 2006, they ought also to specify when the debt was incurred. Do they give any information about that or do they keep mum?

 

As for the interest, they should include a calculation. Do they and if so from what date does the claim for interest run?

 

x20

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They give the specific date that the debt was assigned from the original creditor to them and the original date in the particulars when the original agreement was taken out and the agreement number.

 

The sentance reads " The total amount due as at the date of this demand is xxxx which includes interest of xxx which has accrued since the assignment of the debt". That is what it says in the last part of the particulars.

 

Basicaly the letter i had in late xxxx was saying they had been assigned the debt and that i owed so much and to phone them to sort out payment. I am leaving out dates and stuff on purpose lol but thats the jist of it.

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Hi again this is how it looks now.

 

 

 

I (NAME) of (address)

MAKE OATH AND SAY AS FOLLOWS

 

1 That on (date) the statutory demand exhibited hereto and marked “A” came into my hands. .. by second class postal delivery.

 

 

2 In any event the debt is not a judgment debt but a simple debt that to the best of my recollection and belief gave rise to a cause of action accruing not later than in or about xxxxTo the best of my recollection and belief, no legal proceedings upon the cause have ever been issued or served upon me in consequence whereof; the right is now barred and has been so barred since in or about xxxx by reason of the provisions of The Limitation Act 1980 section 5.

 

3 In the circumstance I seek an order of the court that the statutory demand be set aside and that the Respondent be ordered to pay my costs of and occasioned by this application.

 

SWORN BEFORE ME

this day of 2008

 

Officer of the court appointed to take affidavits.

 

So any thing else need adding.

Edited by stuscfc
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I just noticed your draft affidavit does not include an express denial as I had intended with the original drafting.

 

I suggest it should read as follows:

 

1 That on (date) the statutory demand exhibited hereto and marked “A” came into my hands.

 

2 That I do not admit the debt set out in the statutory demand because the debt is not a judgment debt but a simple debt which to the best of my recollection and belief gave rise to a cause of action accruing not later than in or about 1999. To the best of my recollection and belief, no legal proceedings upon the cause have ever been issued or served upon me in consequence whereof, the right is now barred and has been so barred since in or about 2005 by reason of the provisions of The Limitation Act 1980 section 5.

 

3 In the circumstance I seek an order of the court that the statutory demand be set aside and that the Respondent be ordered to pay my costs of and occasioned by this application.

 

x20

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Ok thanks m8 will do just thought it was to earlier a stage to put in a cost claim now. should i still put in this on the form (that the Respondent be ordered to pay my costs of and occasioned by this application.).Or is this basicaly letting the court know i want to be compensated for my time when that time comes.

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Ok thanks m8 will do just thought it was to earlier a stage to put in a cost claim now. should i still put in this on the form (that the Respondent be ordered to pay my costs of and occasioned by this application.).Or is this basicaly letting the court know i want to be compensated for my time when that time comes.

 

Submit the affidavit as appears in the latest draft. The final paragraph records what you want the court to do at the hearing of your application. It also informs the opposition that you're gunning for them.

 

x20

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Thanks m8 yes i will do that tomorrow also nice to see one of the little boys get even with them elsewhere on these forums and how desperate are they to have done what they did but a tad silly i think.

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Hi just got back from the court.Swore the oath which was done at the front desk and the clerk basiclay said hopefuly should be but up for hearing in the next few days and a date for the next few weeks.Just the waiting now which will be nerve wracking but thanks sufaceagent you have been a star and i may need your help for the next round :)

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Hi got my date for hearing to set aside to day phoned up the court to find out what was happening its for the 21 of october.

 

So now what to do before going to court for the defence.Should i send and cca requests or SAR letters out to the relevant ppl also any help and ideas would be great.I have been to court before with another matter which i won so not worried about going the DJ was great tbh the last time did nothing but help us seamed to hate these companies lol but that was for a different thing altogether.So any advice would be great thanks.

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Thanks for the reply well as far as i can think back maybe 8 years since last payment cant find out from my bank as they only keep records for 6 years and i got my credit file saved on here and nothing on there only a link to adresses from 99and i have moved houses 4 times since then.I was think about it just to cover all angles but dont think they would send back the documents in the time i go to court anyway as they have 40 days for the SAR and can drag out a cca aswel.I was just wondering as the type of questions the DJ would ask basicaly with out incriminating myself into admitting the debt in court if they ask like did you have the debt things like that tbh.

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If your bank's records go back 6 years and that has drawn a blank, that, coupled with your view that in reality you haven't paid them a bean in 8 years, suggests you're home and dry on the limitation defence.

 

I would say there is nothing further to do at this time and a SAR is not going to place you in a better position and would be a waste of a tenner. It will be for the DCA to produce evidence that the grounds on which you have applied to set aside the SD are misconceived. Pretty much then what you would be looking for with a SAR. That evidence will be in writing and delivered to you before the hearing. Unless they can produce unarguable evidence that the limitation defence is hopeless, we are in a dispute situation and the court will strike out the SD.

 

As and when and if the DCA serves evidence, let us know what they say. In all likelihood the next time you hear from them it will be to say their SD is withdrawn. Then beat them up for costs.

 

I would not expect the DJ to ask you any awkward questions unless something comes out in the DCA's evidence.

 

If you have nothing at all from them by say a few days to go to the hearing, post here again and I'll help you with a crib sheet and the procedure to ask for costs.

 

x20

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Thanks m8 advice noted and i shall still be hanging around here to help if i can and to keep an eye oh these threads.Not sure what Cap west will do now will see i suppose lol but i am all most certain they will not be at the court the drive would kill them and they would have to leave there office hevens forbid lol

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