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    • 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
    • Hi  no nothing yet. Hope it stays that way 😬
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Capquest Statutory demand help Urgent **WON + COSTS**


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You could also phone the court and ask if theyve rec anything...when this happened to me the delay was caused by the DCA sending the cheque and a sniveling letter asking the judge to reconsider...the clerk at the court accidently (on purpose) let this slip...its worth a try.

 

MONX

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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You could also phone the court and ask if theyve rec anything...when this happened to me the delay was caused by the DCA sending the cheque and a sniveling letter asking the judge to reconsider...the clerk at the court accidently (on purpose) let this slip...its worth a try.

 

MONX

 

Good stuff monx- if the DCAs are starting to snivel, CAG is working.

 

If it aint hurting (them) it aint working.

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Well i did contact the court but the person i need to speak to wasnt there till tomorrow but i did contact CQ and this is what happened.

The account has been closed and sent back to the original creditor but how can they do this when they bought it 2 years ago which is what we asked them and they said they can send them back.Then we explained that we have an order of costs against CQ and we wanted to know where the payment is.At this they responded by WE DONT PAY CLIENTS :lol:.They the demanded to see it in writing we said you have when the court sent it to you.When i mentioned about the Warrant of execution (the lady was typing all the time) all of a suden she could see a payment and letter had been sent on the 9th also a letter to the court why i dont know.Seams funny nothing there then all of a sudden she found something.Anyway basicaly they were fobbing me off tbh ill give them tomorrow as if its special delivery then 2 days is to long and i will then go for the recovery action not taking crap anymore had enough

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LOL im not a client im a creditor they owe me money which im going to get.I am giving them 48 hours as they said they sent it the 9th i have the court sending out the details of the enforcement material and then if nothing arives well you know the next bit.What gets me is that we the debtors are all thick we havent got a clue in there minds after talking to this lot thats they way i felt comming off the phone and they maybe no script to deal with a call like that lol giving answers to me which didnt seam logical tbh.

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Well the post man has just been and still nothing from this lot looks like they were telling me porkies last night.So will contact my local court and see if they have had the so called letter from them before doing anything else may even phone CQ again.Also it dosent take 2 days for a special delivery as thats the way they would send it and they even told me to chase it up with the royal mail if it doesnt turn up lol thats not my problem.

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When Equitable Life went belly up, my mother bless her went and sat in the reception on the floor and wouldn't move until they paid....which they did..!!! Looks like it might have to be the bailiffs Stuscfc. Shame you can't employ 1st Credit to get the money back.....

 

Are you adding interest ? ;)

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Once you have a court order in your favour the debtor - CQ in this instance, doesn't that sound really, really good - have 14 days to pay you. They haven't complied with an order of the court and as soon as they defaulted interest kicks in. To be honest the rate is crap, 3% above a base rate of 2% but its based on a daily basis so the longer they don't pay the more its going to get.

 

If they've not paid you by tomorrow I would send the bailiffs in to recover the cash. I would also write to the OFT - they are the ones who licence CQ so they shuld be told of their (in)actions and their attitude towards their creditors.

 

Accept nothing less than the full amount.

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Thanks for that m8.I have been reading up on it and what i have seen is the amount which is nearly 200 pound x 8% then divided by 365 this gives the daily interest rate.When do you stop adding the interest rate is it when you start the claim as in say i start the claim on monday that would be 5 days added interest to the amount owed and then add the fee on top.This is what i think it is.Why dont they just pay up and it be over then for me and them but i will not take anything less than the full amount why because the harrasment of the last 2 years and they are a company far better off than me financialy.Also i have complained to TS already about this will have to sort out the OFT complaint but with xmas and othere things and doing this now havent had the time tbh.I worked out the daily interest to be about 8.72% but not sure that is right any ideas.

I hope this helps some others who might have to go through this in the future but hopefuly the OFT and others get the act together on this.

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Well as i have ben working night shift this week i got up at the normal time and gues what was comming through my post box as i was walking down the stairs the cheque from CQ. So panic over and a big thanks to everyone for there help with this.

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May well be my works do in town today.Some of my work mates have been out since 1pm lol so i may go and join them and raise a glass to everyone on here.What i noticed aswell reading the letter that came with the cheque was the letter and envelope were dated the 9th and the cheque was date the 4th seams a bit strange but got it now so happy days.

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  • 1 year later...

Thought that while I was on, I would update this one.

 

I still don't have a valid CCA from Capquest - however, I keep getting letters from them advising me that as I ignored their SD, they would be sending the boys round to serve it personally.

 

I did ring them, and got a letter of apology, but they've sent two more threat-o-grams since then.

 

I'm not particularly bothered, but do like to make Capquest work for the money they are not getting from me - any ideas chaps?

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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  • 1 year later...

Hi

 

 

Capquest have gone a little quiet now so think it is about time you reported them to the OFT if you haven’t done so already.

 

 

Please bear in mind that the template letter on the first page of this thread:

http://www.consumeractiongroup.co.uk...=1#post3422496

 

may not be suitable for all and you will have to adapt it to your own circumstances I.E

You applied to get it set aside and CQ didn't turn up

You applied and CQ agreed to discontinue

You ignored and CQ did nothing

 

 

Today the OFT set out some new guidance and sending SD's as a debt collection tool is now frowned upon.

If you want to read it, here's the link

http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/OFT664Rev.pdf You can complain by email and the OFT will email you back a form to sign and post back to them for them to be able to add your complaint to their list.

 

 

http://www.oft.gov.uk/contactus;jses...1D83BF0004F6EA

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Hi

 

 

Capquest have gone a little quiet now so think it is about time you reported them to the OFT if you haven’t done so already.

 

 

Please bear in mind that the template letter on the first page of this thread:

http://www.consumeractiongroup.co.uk...=1#post3422496

 

may not be suitable for all and you will have to adapt it to your own circumstances I.E

You applied to get it set aside and CQ didn't turn up

You applied and CQ agreed to discontinue

You ignored and CQ did nothing

 

 

Today the OFT set out some new guidance and sending SD's as a debt collection tool is now frowned upon.

If you want to read it, here's the link

http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/OFT664Rev.pdf You can complain by email and the OFT will email you back a form to sign and post back to them for them to be able to add your complaint to their list.

 

 

http://www.oft.gov.uk/contactus;jses...1D83BF0004F6EA

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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