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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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Liz v Barclays - Mercantile Court **WON**


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This is my first posting. I have been through the stages written to Barclays and been offered less than half back, so have now gone down the small claims court route. Saturday was the last day then I could apply for a judgement, but I have received a letter confirming they are going to defend the claim, Is this normal for Barclays?

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To be honest i wouldn't worry to much about that. This happens a lot through various banks etc. The likelihood is, it will never make it to court. Read through lots of threads. There are a few in similar situations as yourself.

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  • 1 month later...

Been off the site for a while as thing between me and barclays had stopped.

Here's a quick run down.

9th March 2006 - Requested Statements

4th April 2006 - 1st letter to Barclays asking to refund charges

26th April 2006 - 2nd letter to barclays

23rd May 2006 - Barclays offered less than half as gesture of goodwill

25th May 2006 - Rejected barclays offer

June 2006 - stared small claim route via courts

21st July - Barclays defended claim after extension of 14 days

2nd August 2006 - Returned allocation Questionnaire, asking for standard disclosure to end this rapidly rather than clog up courts. Sent copy to Barclays and with a letter asking them to settle rather than go to court, but letting them know i was prepared to go all the way if need be.

 

 

Then it all went quite - I heard nothig from Barclays or the court. But today I get a letter from the court headed " General form of Judgment or Order" that reads

 

Before DISTRICT JUDGE JACEY sitting at lambeth County Court (then full address).

 

Upon the courts own initiative without a hearing.

 

IT IS ORDEREDTHAT

 

1. This matter be transferred to the London Mercantile Court (ST DUnstans House) forthwith.

 

Date 25th August 2006

 

 

What does this mean ?????

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It means that the judge won't allow the case on the small claims track. How much is your claim?

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Liz ....couple of questions.

 

Is this a current or Business account ?

 

Are you based in the London area ?

 

How much is the claim for ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Unfortunately I have been out of the loop for a few weeks, but certainly it seems odd for a personal case to be transferred to the MC. The only thought is that the judge is trying to force the issue into a court that can set a precedent.

 

I would expect a settlement to be made, but this may delay things.

 

 

 

 

 

 

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This happened to a few cases a couple of months ago. It seems that the judge wants to do it in the mercantile court so that they can settle the issue of unlawful charges once and for all. As I recall, it caused a bit of a flap at the time. My guess is that all this will achieve is that Barclays will settle pronto. The last thing in the world which they want is some sort of show trial focussing on their unlawful charges!

Robertxc v. Abbey - £3300 Settled in full

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Believe me, Barclays will be in a much bigger flap over it than you!

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

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Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Thank you all your replies.

 

Its a personal case

The claim is for £1680.oo, so should be covered under small claims.

I am in London, originally it was allocated to Lambeth

 

Hopefully Barclays will now pay up, if not I will just have to go to court, if that day arrives hopefully a number of you will kindly turn up as well to give me support.

 

I'll keep you all updated

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Don't worry, a few of us wouldn't miss it for the world!

 

If you have a search for "mercantile", you will find a thread referring to Elliott. These were the first ones who got transferred to Mercantile. Have a read of the thread (quite a long one, it cause a bit of a stir), hopefully, it will help put your mind at rest. ;-)

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LOL...I don't think the court will be big enough to cope with the demand for seats!!

 

Thank you all your replies.

 

Its a personal case

The claim is for £1680.oo, so should be covered under small claims.

I am in London, originally it was allocated to Lambeth

 

Hopefully Barclays will now pay up, if not I will just have to go to court, if that day arrives hopefully a number of you will kindly turn up as well to give me support.

 

I'll keep you all updated

 

 

 

 

 

 

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If they held the case at Wembley stadium there would still be a queue to get in !:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks Bookworm, I have read up on the Elliot case and it seems that the Daily mail are monitoring and reporting on Bank Charges.

 

When I get a firm court date I may let them know(Daily Mail) to get some publicity for the cause, what do you think?

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Liz

 

Well i am not sure whether i hope you go or hope you dont, having just submitted a claim that is fast track it would be nice if there was case law establsihed the kicked all the banks arguments into touch without me havign to think too hard about such matters.

 

Anyway heres hoping they do what you want and that its settled.

 

Glenn

 

PS ill come if it does go, as long as it doesnt clash with any 'dates' i might have coming up!!

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

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If they held the case at Wembley stadium there would still be a queue to get in !:)

 

I think that they would have no problem filling the stadium ;) maybe they should look at doing what they do over in america and actually put these cases on the Tv live if they ever went that far :D

If you find this info useful please click on the scales in the bottom left corner of the thread :wink:

 

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There has been no request from Liz up to now.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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