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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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J D Willliams - longest letter in the world!!


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Hi. Had sent a non compliance of CCa letter to a catalogue company, and today recived this reply from J D Williams

 

" We have complied with our obligations to supply you with a true copy of your credit agreement [THEY DID NOT IT WAS NOT SIGNED].

A true copy is defined by Regulation3 of the CCA 1983.

The true copy need not, by law, contain either the signature of the debtor or the date of the signature in our case. No default therefore arises.

In addition it should be noted that any failure to comply with the duties set out under section 78 of the CCA 1974, would not constitute a criminal offence in any event following the repeal of section78 {6} {b} by the CCA 2006.

Therefore, your claims in this regard are without any legal basis.

Having been provided with this true copy there is no basis for you to either allege that you are exonerated from payment under the agreement or that we remain in breach of our obligations under the act.

So i can be absolutely clear, is it your case that you :

deny any receipt of the agreement

deny signing the agreement

admit or deny receipt of the goods and service

admit or deny performing your account as if you had signed the credit aggreement

So that we can consider your claim further please answer all of the above questions.

There is a statutory right under Section 10 of the data protetion act 1998 [the act] to require a data controller to stop processing data.

A common misconception is that this grants a data subject a general right to prevent a data controller form legitimately processing that subjects data.

That act provides no such general right. providing we process data in compliance with the data protection principles in the act you may only request we cease processing where :

the processing is likely to cause damage and distress,

OR

the purpose of the processing is for direct marketing.

Your claim that your consent to process personal data was given in the form of a signed credit agreement is INCORRECT. We obtain our consent to process personal data at the time the customer applies for one of our catalogues or opens an account.

There is no data protection rubric concerning processing of your data in our customer credit agreement. You DID consent to the uses of to which your personal data has been put. The lack of a CCA, or your signature thereon, is not relevent to the issue.

 

I'm sorry this is such a long thread, but any feedback will be most appreciated x

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It was actually 2003 and i think it was online, but am not sure.

They are being paid via a DMP at the moment, but the letters they are sending me are saying i'm not paying enough, my behaviour is unjust, blah blah blah and they are getting my back up. They dont know me from adam.......

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i have received a letter along the same lines as you and dont know where to go from here either any advice would be great, iv only received a copy of an agreement also it has my old name on it not my new one whcih was changed last year

 

Hi georgie, might be an idea to start your own thread so you can get specific help. Maybe by posting a copy of the agreement they sent you with some brief details on whats happened up to now and when did you start the account etc

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