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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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      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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Halifax going to play Santa on Xmas Eve??


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Halifax sent me another letter today:roll:

 

Contained a card saying that they'll be round on '24 Dec 2008':eek:

 

Can't wait. Wonder if 'our representative' will carry lots of pressies. :)If not i'll have to consider playing the CCTV + audio of an unrequested visit back to local media.

 

Ho Ho Ho

 

p.s. One other thing caught my attention that has escaped me so far. HBOS' registered office is The Mound, Edinburgh. Would that be 'Mound of smoking Dung':lol:

Halifax Christmas Call.jpg

If my advice or input has helped, by all means tip my scales

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HOWARD.png
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Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Maybe Halifax are sending some carol singers round? :eek:

 

They'll be singing these carols....

 

Silent calls

 

Mistletoe and Whine

 

I saw Mommy kissing Bryan Carter

 

Rockin' around the CCA

 

The 12 threats of Christmas

 

The Little Boy that Moorcroft Forgot

 

All I want for Christmas is a CCA

 

Oh Come all ye Gullible

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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Their favourite books by Charles Dickens of course;

 

Bleak House

Hard Times: For These Times

Our Mutual Friend

Great Expectations

 

I think we can include Scrooge in there too. :D

 

I'm sure Bryan Carter will be getting a visit from the ghost of christmas past one night next week.

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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Great input everyone. I can't get past the Dickens theme though.

 

Great exagerations

 

OR, The Importance of Being Earnest :grin:

 

I'm so looking forward to that Fuzzy Bobble on B C

If my advice or input has helped, by all means tip my scales

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Halifax sent me another letter today:roll:

 

Contained a card saying that they'll be round on '24 Dec 2008':eek:

 

Can't wait. Wonder if 'our representative' will carry lots of pressies. :)If not i'll have to consider playing the CCTV + audio of an unrequested visit back to local media.

 

Ho Ho Ho

 

p.s. One other thing caught my attention that has escaped me so far. HBOS' registered office is The Mound, Edinburgh. Would that be 'Mound of smoking Dung':lol:

 

I got one of these cards yesterday,

 

"our representative will be calling your home"

 

I was at home bored so thought ide ring them up and record them and ask if they were aware of oft guidlines etc

Spoke to a woman, who advised me it didnt mean they were calling in person, it meant i was going to be getting a phone "call",

Now on reading the card, the impression it gives is they will be calling,

which seeing as it came through the post you automatically pressume it means a personal caller,(i mean come on when does anyone ever write to you to tell you they are going to be phoning you.?

 

But very cleverly worded by the halifax in my opinion to cause panic thinking someone is going to call round, pretty underhand if u ask me, bully boy tactics.A great way for them to get people to call and then try and extract more money out of them,But for those that dont know their rights could be very distressing, Of course the halifax will deny its a scare tactic,

I think they should clearly state "our representative will be calling your home telephone number" if thats what the letter really means,

 

 

 

Whilst i was on the phone to her i told her several times to put a note on my file just for future reference not to ring me and that i was not prepared to make any appointments for any doorstep caller and then i read them the full harrassment /doorstep caller letter template out from here,and advised her the full call had been recorded,

Told her for the benefit of the recording and to avoidance of doubt, the only contact i wanted from the halifax was in writing only, and failure to so would result in me reporting them to trading standards and the oft for harrasment,:)

Mak

Edited by mak71
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Hi Mak

 

Caused no Panic here. Have posted them a rather nicely worded letter this morning......

 

I write in response to the letter received from you on xxxxxxx.

 

Your letter claims to carry an ‘Important Notice’, adding that “Our representative will be calling your home on: Date xxxxxxxx”.

 

As you will know, on xx xxx xx, I wrote to you and formally requested a true signed copy of my consumer credit agreement, and I will therefore go on to make my position to you clear, so that there are no ambiguities.

 

You have 12 + 2 days from the receipt of that request to provide me with a true signed copy of any agreement. The consumer credit act forbids creditors from enforcing any agreement if they fail to comply with such a request. Using first class postage, I deem that request served upon you on xx xxx xx. I hold a Royal Mail certificate of postage evidencing this.

 

In the absence of a credit agreement, a clear dispute will be in existence and as such the following applies:

 

  • You may not demand any payment on the account, nor am I obliged to offer any payment to you.
  • You may not add further interest or any charges to the account.
  • You may not pass the account to a third party.
  • You may not register any information in respect of the account with any credit reference agency.
  • You may not issue a default notice related to the account.

 

Furthermore, I require you to communicate with me in writing only. I do not wish to receive your representative at my home, neither do I wish to receive any telephone calls to me in relation to this. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.) Therefore take note that I revoke license under common law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. I also caution you here that should you ignore my request on this point, the actions of your representative(s) will happily be recordedeither by CCTV or by telephone recording equipment – whichever is applicable. Accordingly I reserve the right to use any evidence of you or your representatives’ ignoring this request in connection with any actions that I choose to pursue, including media exposure. Should it be your intention to disregard my wishes, and break your obligations, please be advised that the following rules also apply, as laid down by the OFT in respect of debt collection, and that you, as a holder of a consumer credit license, are obliged to follow:

 

The areas of the OFT guidance which applies to you in this instance are:

 

Debt collection visits

2.12 Examples of unfair practices are:

 

a. not making the purpose of any proposed visit clear, for example, merely stating that collectors or field agents will call is not sufficient

f. visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed

 

Deceptive and/or unfair methods

2.8 Examples of unfair practices are as follows:

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

As I have already pointed out, you are in breach of the OFT guidelines, together with the Consumer Credit Act 1974, you are implying violation of the administration of justice act 1970 section 40, and most certainly in breach of the Protection from Harassment Act 1997, section 3.

 

I retain my previously stated right to report your actions to any such authorities as I see fit and trust that this makes my position clear. I now require you to confirm that you will now comply with the OFT guidelines, and that you will refrain from any further collection activity whilst the dispute remains unresolved.

 

I would appreciate your due diligence in this matter, and look forward to hearing from you in writing.

 

Happy new merry, Hic

 

Yours, Vex XXXX :)

If my advice or input has helped, by all means tip my scales

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On the twelfth day of Christmas,

my DCA’s sent to me

Twelve - Threatening Bailiffs,

Eleven - Stat Demands,

Ten - CCJ’s,

Nine - Repossession Orders,

Eight - Doorstep Visits,

Seven - Default Notices,

Six - Letters Lying,

Five -Silent Calls

Four -Calling Phone Monkeys,

Three - Threat-o-grams ,

Two – Shyster Lawyers,

And an unenforceable CCA

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On the twelfth day of Christmas,

my DCA’s sent to me

Twelve - Threatening Bailiffs,

Eleven - Stat Demands,

Ten - CCJ’s,

Nine - Repossession Orders,

Eight - Doorstep Visits,

Seven - Default Notices,

Six - Letters Lying,

Five -Silent Calls

Four -Calling Phone Monkeys,

Three - Threat-o-grams ,

Two – Shyster Lawyers,

And an unenforceable CCA

 

Bravo

 

I'm welling up

If my advice or input has helped, by all means tip my scales

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Tune – the holly and the Ivy

The DCA and the CRA,

When they are both full grown

Of all the Cretins that are in the world

The DCA Wears the crown

O the sending of the Threat-o-Gram

And the phoning constantly

The swearing of the Phone monkey

amid the sound of gnashing teeth

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On a roll now

 

God rest ye miserable DCA’s

let nothing you dismay

Remember, You’re a threat monkey

and work on Christmas day

To use all of Satan’s power

When we were gone astray

O tidings of discomfort and Pain,

Discomfort and Pain

O tidings of Discomfort and Pain

In Leeds, and in London,

You blessed **** now work

And toil within a call centre

Upon this blessed morn

The more to pour forth scorn

O tidings of discomfort and pain

Discomfort and Pain

O tidings of discomfort and Pain

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Oh no, what have I started now. :D

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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Winter Wonderland

Phone bells ring, are you listening,

On the line, The threat monkey’s yelling

A Debt you owe us,

He's happy tonight.

Talking on a winters cold night

 

Gone away is the CCA,

Here to stay is the dispute

He’ll yell some abuse,

As we play along,

Talking on a winters cold night.

 

In the meantime we will write a letter,

That he’ll pretend that he never got

 

Later on, we'll conspire,

As he dreams of the Bonus he lost

To face unafraid,

The enemies we've made,

Talking on a winters cold night

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PGH you have wayyyyyy too much time on your hands. :D

Almost as much as me sometimes lol.

 

I'm still grinning at last nights phone call with Clifford from Capital One. Listened to it about 5 times today and it still makes me laugh.

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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