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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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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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Hi i think crap west got the court papers as i had a letter off them today.Basicaly saying that they were going back to the original creditor for more info and will be get back to me with the info within the 28 days.Quiet funny in someways as shouldnt they have all the info when they bought the debt or is it time for them to try and wipe something out of thin air to stave off me having it set a side and going for costs.Probable there christmas party fund is running low with all the SDs going to court and them not turning up.Should i be doing something else now before court as its a good few weeks away just feel like im twiddling my thumbs at the momment but maybe let them do all the work and i respond to it then.

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  • 5 weeks later...

Hi again well its only a week or so till i go to court with this so i have to start to think about what to take to court as part of my defence.I know about asking for costs and the rate at what its set out at.Should i send a copy to the court and to crap west before the court date.

Also as part of my defence shall i take copies of all the letters i have received of them in the last 2 years and a copy of my credit file for the judge to look at.Not sure how to go about this tbh.Thanks :)

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Thanks for the reply m8 will have to do some research on the relavant acts.I know about the statute barred and have an idea about the Insolvency Act but not sure how Consumer Credit Act can be referanced to this maybe im being thick lol but didnt have a clue before i came here to any of this at all.But i will be making a donation to the site when all this is sorted as i wouidnt have gotten to this point with out cags help.:):)

One thing im not worried about court i have been there before 2 years ago with a well known doorstep money lender and won the case and did all the defence myself but i am finding this more difficult or maybe its due to all the other stress going on apart from that i dont know.Anyway thanks for your help.:)

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Well today i have had the worming out of costs letter from crap west.Been expecting it realy tbh.Basicaly as had by others they still think its due but trying to be nice to the court and not waste there time they are willing for the judgement to be set a side how good of them but dont want the costs added what a surprise because they need more info from original creditor and may not be able to get it in time hmmm only had leters off them for 2 years lol.

So what should i do now do i still go to court and send in a cost break down first or do i contact the court any advice would be greatfull.

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Hi thanks for the reply.The last paragraph reads as follows bear in mind its a template TBH.

We do not acept that the debt is not due but in view of the time considerations and use of the courts time we ask that the application be granted but with no order as to costs.If, as we anticipate we subsequently obtain information which enables us to prove that the debt is due we will proceed by issuing a claim in the County Court which will allow the applicant the opportunity to defend the claim.

That is what the last paragraph says.So do i send a letter with costs to both the court and them and then just go to the court on the day stated and let the judge deal with it and award the cost. Just getting my head around this as i am in work afternoons this week so havent got much time to do much in the mornings.

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Thanks 42 man (my fav number as a level 42 fan lol) i have no quarms about going to court and telling him or her what its been like ppl have enough on there plates now with out these dcas doing this but the sad thing is they are rubbing there hands at the momment as debts rise.

I have aready started to get the paper work together for this and may phone the number on the sd this week some time the time i have spend on this going through the net and phone calls for advice about this must add up to a few hours and had to take 1 day off and a day next week to so will add them to the costs as well.Also 1 may send a letter to the OFT as well just for good measure.There is a thread on here somewhere where this happened to someone else but cant find it if anyone has a link i would be greatful thanks.

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Thanks for the replies guys havent been able to get back to you sooner my Pc has been playing up.I will sort all that out by friday to post them out to the relavant parties as long as my pc doesnt go on me again.

 

As to Level 42 chat as this has become saw alan holdsworth when he played with l42 at hamersmith odeon in 90 when they did the 18 night stint there. been to see them a few times in to double figures by now i think lol and GH one of the best all round musios i have seen tbh.42 man will have to make you a friend now old bean lol. I some times post on the digest but havent for a while but will leave more chat to Pms about that lol as this isnt the place tbh so thanks for that and will let you know if i need more info.:)

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Just a few quick questions about costs so i can send in my costs claim to court.

1, is the a set milage tariff for fuel.

 

2,would 20 hours be deamed reasonable for time spent in research for this case even though it feels like im on the pc look up things about it all the time lol.

Any advice would be great thanks.

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Just had another letter as i was typing from CQ it goes...

 

Following our previuos correspondence,we are still endevouring to obatin the required information from xxxxxxxxx regarding your account query.(i havent queried anything just sent SB letter and court papers)

We are discussing your case with xxxxxxxx personally and we hope to resolve this matter very soon.

 

What is the point to that letter as the one yesterday basicaly said similar.

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Ok just got the wife as she is better on the phone to call j okeefe and the person on the other end didnt know who she was then put on hold and the number which was given on the SD was to the collections department was then given another number (which was supose to be direct ) phone which started 012 so not 087 also had to go through same phone system and she wasnt there she was off all week and was asked to put anything in writing.So what can i tell the judge now lol hmm what dose it say in the rule regarding this suppose to have a direct number.

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The first person as my wife said "dont know anyone by that name in the company". Maybe he was new dont know but the second number was a direct line as he said after being put on hold which also came up collections but my mistke they didnt say off all week lol they said to her "shes not in the office at the momment" wife asked a lot of questions where is she when will she be back like that they said "they didnt know when she would be back. But what i said was wrong that she was off all week that was my mistake. But the wife did well grilled them she used to do a phone based job thats why i did it and she use to work with sol knew what to say with out revealing anything about who we were.

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hi again ok doing the costs form to send the N260 form just a few questions.

as i havent got a case number do i put in myself v capquest also it says in the box in the corner IN THE is this where i put the court adress. thanks

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Ok a bit paniced just had a letter delivered through the door by hand from the court.Bear in mind im due in court tomorrow it goes.

 

in bankruptcy

 

before DJ xxxx

on 21 of this month

 

my name

 

 

and in the insolvencies act 1986

 

in bankruptcy

 

upon the application of myself

 

presented to the court on 21 of october

 

 

and upon reading the evidence

 

it is ordered that the matter be adjourned to a date to be fixed.

 

thats what it says what does this mean i havent beeen to put my case forwar is it because of the letter they sent me and the court wishing for the court to find in my favour and it was hand delivered and posted through the door about 10 mins ago.I am a bit worried about this tbh.

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Thanks m8 wasnt expecting this tbh getting ready booked a day off work then this came threw me a bit.

Ok the dateon the SD was the 7th of august and when i received it was the 12th and got it to the court the27yh as the date is stamped.

The letter i had and was sent to the court basicaly is saying that they know that there is a dispute and that quote"we do not accept that the debt is not due but in view of the time considerations and use of the courts time we ask that the application be granted but with no order of costs.if as we anticipate we subsequently obtain information which enables us to prove that the debt is due we will procced by issuing a claim in the county court which will allow the applicant the opportunity to defend the claim.

that is what the last paragraph says.the res goes on about not being able to deal fully with the set a side and needing more info from the original creditor which may not be able to prepare and serve evidence in opposition.

so any other thoughts or am i worrying to much about this.

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Ok ty again m8 im a bag of nerves now lol i had a feeling it maybe something like that but will phone in the morning to make sure.Was going to spend the evening going through everything before tomorrow but now will have a rest as been on this now for a few days.The prob is i have taken off tomorrow and will probable have to take another day but i have already sent in my costs claim how could i add another day off for the costs claim.

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  • 1 month later...

Hi all been a bit side tracked with a few things lately but trying to get myself back on track with this case.Wish me luck for Tuesday as that my date in court not worried about seeing the judge after reading the other cases that have been on here lately so well done to all you that have won against CQ.

My next fight will then be with Orange/Moorcroft/Ndr over a missold phone contract for my wife and reclaiming money owed to a cousin for a fee paying DMP provider so it will be all go lol.For now though just have to get through tuesday.In advance would like to thank x20(sounds like a spys name lol) and 42 man for there help and any others that have contributed over the time i have been posting here.Thanks again.

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Found this bit of case law on swarb can anyone put this in laymans terms for me as my head hurts reading it lol but seriously what is the jist of it i can figure out a few bits ta.

 

 

1989

 

Lord Justice Nicholls Insolvency, Equity

 

A statutory demand as served showed an incorrectly calculated sum owed and was in the wrong form. Held: The application to set the demand aside was refused. A statutory demand should not be set aside for a mere technicality. "In my view, the right approach to paragraph (4) of rule 6.5 is this. Under the Act, a statutory demand which is not complied with founds the consequence that the debtor is regarded as being unable to pay the debt in question or, if the debt is not immediately payable, as having no reasonable prospect of being able to pay the debt when it becomes due. That consequence, in turn, founds the ability of the creditor to present a bankruptcy petition because, under section 268(1), in the absence of an unsatisfied return to execution or other process, a debtor's inability to pay the debt in question is established if, but only if, the appropriate statutory demand has been served and not complied with. When therefore the rules provide, as does rule 6.5(4)(d), for the court to have a residual discretion to set aside a statutory demand, the circumstances which normally will be required before a court can be satisfied that the demand 'ought' to be set aside, are circumstances which would make it unjust for the statutory demand to give rise to those consequences in the particular case. The court's intervention is called for to prevent that injustice."

and "Nevertheless, applying the approach which I have indicated above as the correct approach to these statutory provisions, in my view it by no means follows from the existence of these defects that this statutory demand ought to be set aside. The court will exercise its discretion on whether or not to set aside a statutory demand, having regard to all the circumstances. That must require a court to have regard to all the circumstances as they are at the time of the hearing before the court. There may be cases where the terms of the statutory demand are so confusing or so misleading that, having regard to all the circumstances, justice requires that the demand should not be allowed to stand. There will be other cases where, despite such defects in the contents of the statutory demand, those defects have not prejudiced and will not prejudice the debtor in any way, and to set aside the statutory demand in such a case would serve no useful purpose. For example a debtor may be wholly unable to pay a debt which is immediately payable, either out of his own resources, or with financial assistance from others. In such a case the only practical consequence of setting aside a statutory demand would be that the creditor would immediately serve a revised statutory demand, which also and inevitably would not be complied with. In such a case the need for a further statutory demand would serve only to increase costs. Such a course would not be in the interests of anyone." and "In these circumstances I am in no doubt that, despite the mistakes in this statutory demand and the use strictly of the incorrect form, and despite the debtor not being aware of the precise amount of the debt when the demand was served on him, justice does not require that this statutory demand should be set aside. I can see no injustice in the consequences which flow from non-compliance with a statutory demand being permitted to flow in this case, despite the existence of those features."

Statute References omitted

 

This is from a case past but there are no other details which would point this to a person i have removed the heading details.

Edited by stuscfc
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