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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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Teebum V Abbey **** WON !!!! ****


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LOL most of us havnt, I have never taken anyone to court before and there was me the other night filling in my moneyclaimonline thingy and I got the paperwork through from the court today, its empowering, take a good read through the forums and you will be very surprised at how powerful we really are as consumers and customers

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Hi karnevil,

ive just worked out that since 6/12/05 -6/7/06 ive had £507.93 charges taken from my acct so how do i work out the last 6 yrs ...please dont say download the spreadsheet template cos i just cant get it to download on my comp as im no good on this thing...:confused: ???

1st letter to Abbey requesting statements 10/08/06

Reply from Abbey..Sorry on Microfiche..cant do 18/08/06

2nd letter to Abbey Microfiche argument letter R/D 23/08/06

Received 16 Statements from Abbey 23/0806

Reply from Abbey.. enclosed complaints leaflet 2/08/06

Phone call from abbey Re my account 20.55hrs 5/09/06

Letter to MBNA requesting statements 6/9/06

Sent off Data Protection Act letter to MBNA 2/10/06

Sent off Non Compliance letter to P Speed 3/10/06

Cover letter & 5yrs statements received 9/10/06

Received letter from MBNA saying they had reduced limit 9/10/06

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Got the standard 12 months statements today, when I list charges do I list them earliest to latest?

 

 

------------------------------------------------------------

31/07/06 sent Data Protection letter to Abbey.

09/08/06 Recived fob off letter

14/08/06 Sent second DPA letter

15/08/06 Received 12 months of statements

Lets get it back

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hi - yes, you do.

 

For some reason, my jobs have never given me much exposure to Excel but I found that the spreadsheet was easy to use. I typed in the charges (earliest to latest) on the 8% page. I then copy and pasted all the cells with the dates/type of charge/amount of charge (without the 8% bit) into a Word document and sent that along with the prelim and the LBA. I then had the figures already inputted when I was doing the claim itself, all I had to do was change the date on the spreadsheet to the day of the claim.

 

Good luck. I'm a bit ahead of you, but if you have a read through my thread (keren29 v abbey) I've updated it as I've gone along, so it might help you.

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Have added up one years charges and it comes to £1811, and with interest £1903. If I times this by 6 it will be well over the £5000 limit.

 

------------------------------------------------------------

31/07/06 sent Data Protection letter to Abbey.

09/08/06 Recived fob off letter

14/08/06 Sent second Data Protection Act letter

15/08/06 Received 12 months of statements

Lets get it back

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The prelim letter is a template?

 

 

 

Data protection manager

Data protection team

Regulatory compliance

Abbey House

201 Grafton Gate East

Milton Keynes

MK9 1AN

 

 

16 August 2006

 

 

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: 72

 

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter

 

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

 

 

 

 

 

 

 

Yours faithfully,

 

 

 

 

 

[name]

Lets get it back

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Got some more statements today from 2005, looks like micro fiche. Should I be doing anything else now?

 

------------------------------------------------------------

31/07/06 sent Data Protection letter to Abbey.

09/08/06 Recived fob off letter

14/08/06 Sent second Data Protection Act letter

15/08/06 Received 12 months of statements

17/08/06 Received another 2 months of statements from 2005

Lets get it back

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Does this sound right?

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £ £1,980.36

from my account between 09/04/2005

and 10/07/2006. Additionally I estimate you have taken £7920 from my account between 09/04/2000 and 09/04/2005 - this is a reasonable estimate based on the statements I have. I reserve the right to amend this amount on receipt of my information from you, requested under the Data Protection Act on 13/08/2006. I enclose a schedule of the charges which I am claiming with this letter

Lets get it back

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