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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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is this a cca?


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Hi All

 

Been busy this morning as you all can see with all the threads I ve been posting:eek:

 

Advice on this one please!

 

Its the friend that I m helping out, she's in trouble with amex/rma too.

 

She cca amex/rma and this is what they send back

 

oops..........having trouble with photobucket, might have over worked it:eek:

 

Will post later

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Hi All

 

Sorry TC keeping you waiting;) lol!

 

Here it is

 

th_014.jpg

 

 

Also can someone tell me, the application was signed on 27/7/99 and on the top of the form it was approved on 7/6/99. should that be right?:confused:

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Personally I would say its not enforcable as it doesn't contain the correct terms and conditions required.

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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If someone else is willing to confirm that it is not worth the paper it was written on then I would be asking payplan to stop the payments to them, as it is not a valid agreement.

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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Where are the Prescribed Terms ? Also Terms and Conditions from the time it was taken out ? as mentioned earlier.

Could it have been approved and then sent to your friend to sign and accept, thus explaining the date difference.

From others I have seen on here I would say it is what it says at the top of the page ............ Application Form :)

Sorry can't be much more help.

 

Pete.

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If someone else is willing to confirm that it is not worth the paper it was written on then I would be asking payplan to stop the payments to them, as it is not a valid agreement.

 

 

Anyone have any advice on how to get confirmation?:(

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Where are the Prescribed Terms ? Also Terms and Conditions from the time it was taken out ? as mentioned earlier.

Could it have been approved and then sent to your friend to sign and accept, thus explaining the date difference.

From others I have seen on here I would say it is what it says at the top of the page ............ Application Form :)

Sorry can't be much more help.

 

Pete.

 

 

Hi Pete and all

 

My friend said it was such a long time she can't remember was it approved then send to her to sign.

She said when she requested the cca thats all amex/rma send back and this letter attached

th_015.jpg

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I just nicked this off 42man from amother thread, you could use this to get you started.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/163432-natwest-created-cca-my.html#post1755058

 

 

Pete.

 

 

Thanks Pete, will send off in the morning:D x

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Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

 

You had until (date here) what's the correct date to put down when I m sending it off on 10/10/08? to provide me with the true copy I requested. After that date you entered into default of my request and I am therefore advising that the matter is now in dispute . Whilst the matter is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else.

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

 

 

 

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Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

 

You had until (date here) what's the correct date to put down when I m sending it off on 10/10/08? to provide me with the true copy I requested. After that date you entered into default of my request and I am therefore advising that the matter is now in dispute . Whilst the matter is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else.

 

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

 

 

 

 

 

 

would 4th November 2008 be ok? giving it 21 days + 2 days for recorded delivery.

 

Any advice please?:)

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That is the date that they should have provided the first cca for you, 12+2 days from when you originally sent the letter.

 

Pete.

 

Oh .............I see what you mean, another thing I have learned.

 

Thanks:D

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Hi TC

 

Nope, just that!

 

The reason I ask is that it seems to say under SIGN TODAY

 

"Personal Information- Before signing this application it is important that you read the paragraphs set out overleaf" or similar?

 

Straining my eyes lol.What does it say?

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The reason I ask is that it seems to say under SIGN TODAY

 

"Personal Information- Before signing this application it is important that you read the paragraphs set out overleaf" or similar?

 

Straining my eyes lol.What does it say?

 

Morning TC and all

 

Your right! That's exactly what you read.

So I suppose they will have the otherside to this since they have the front side with my signature on it.:(

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That's a big assumption to make.

 

Ask for the copy of the other side. They may have scanned the agreement and lost the original.

 

...and if it was there & added anything in their favour I'm sure they would have sent it.Shouldn't worry too much - they couldn't have written Application in much bigger letters.:p

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Also can someone tell me, the application was signed on 27/7/99 and on the top of the form it was approved on 7/6/99. should that be right?:confused:

 

Can't work that one out.They approved it nearly 7 weeks before she signed it.It's the official office stamp as well, not just hand written.

It's not as if there is lots of info for them to check & then send back to her.

 

I can't believe that they would process an unsigned application.:-?

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