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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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    • 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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County Court Claim


Gunner77
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Hi Pank, no not yet, they (HFO) have until 30/03 to file their papers, so still waiting on them. I am all ready and set to go, I have confidence I will win thanks to the posters on this forum and esp Creditcardmug. I will keep you all posted, will defo put up the letter HFO sent me tonight.

 

How on earth can anyone work for such a company? Are there any good DCA's who have compassion and actively try to find solutions rather than just be all agressive and intimidate debtors!!!

 

Maybe if they worked with debtors rather than intidate and alienated them they would earn more money!!!

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Yes, I know my thoughts exactly. I guess that after you have been working there for awile it all seems normal and you just carry on and do what you are told because you are so brainwashed by then..........You are basically chasing people that dooes not have any money. If they did they would have paid in the first place....

I would not be able to do it

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Sorry guys at work and it won't let me visit the listed sites. All I can say is that they have sent me a quick reply application form. No T&C's attached, no mention of APR's etc. They just tried to call me again, think they are scared.

 

Can I call the court and ask whether they have submitted their form? Cheers.

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Doubt they're scared, Gunner. Probably just muttering "B*gger, another clever dick who called our bluff. What ruse shall we try next?"

 

They'll probably delay sending in their AQ in the hope they'll get yours first and get a heads up on what you're up to.

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yep that sounds good, then send a un-signed copy to the claimant by second class post, they should get this after the date set by the court so they wont be able to counter anything you have in your AQ

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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Thanks will do that. Sorry but once this form has been submitted what next? If HFO/Turnbull haven't filed anything then surely once the deadline passes of 30/03 they cannot file anything or proceed with the case?

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You'd be surprised, sadly, how much leeway the courts will give them, up to a few days after filing should have been done.

 

The only way to counter this is to pay your £75 for an N244 and ask for a strike out if the AQ isn't in within, say, five days of the due date. You can really only sit back and wait.

 

In the meantime, we need to prepare your evidence, based on pulling the agreement and any T&Cs apart, as well as looking at deficiencies in default notices and the like.

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waitng is the name of the game, my case deadline was the 16th March but after ringing everyday to ask wether its been struck out the court tell me its to go in front of the judge soon ! but they have a backlog.

I bet if I was late they would have my A*S in a sling.

 

But hey ho

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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So if I pay this £75 what will it achieve? As I have said I have no debts other than this one (although don't think I owe them a penny!!) and so if this speeds up me getting these goons out of my life all the better. Thanks.

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Hi guys anyone confirm or otherwise the situation should I submit my AQ and HFO/Turnbull do not and then I pay£75 and submit the relevant form. Will the case be closed and HFO/Turnbull have to remove my default and cease any further actions against me? Thanks.

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It's probably not worth the money. If they submit the AQ late, in the period between you issuing the N244 and the time the judge considers your request, you'll almost certainly have wasted your dosh. These b*ggers know how to play the system. If they don't file an AQ I think the case will be stayed. You can then apply to have it struck out. If you don't, at some point in the future they can ask the court to 'resurrect' the claim on payment of about £40, I think.

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