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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Link claimform - old GE Money debt **CLAIM STRUCK OUT**


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Thanks for all the info much appreciated I have copied everything out as posted.

 

AQ response:

A - Settlement

1. - No

4. - Please see Attachment A1

 

B. - Location - Yes - Local Court

 

C. - Pre-action Protocols - Please see Attachment C1

 

D. - Case Management Info - No

Witnesses - Myself

 

Experts - No

 

Track - Unsure what to put - advise please

 

E. - Trial or Final Hearing - 2 hours

 

F. - Proposed Directions - Please see attached Directions

 

H - Fee - Do I have to enclose anything - cant afford to? Help please

 

I - Other Info - Attached Docs - Yes - Enc. 1 Copy their letter dated 26/03/09

with attachment and copy of Default Notice 1p

 

Think I got it right but your help on the Track and Fee would be great please.

 

I'll post copy of letter I am sending with copy AQ to Link in a few minutes

DG;)

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Brief outline of letter to link

 

Link Financial Ltd - v - Me

Claim No xyz

Agreement No. 123

 

I write in relation to the above noted claim.

Please find enclosed copy Allocation Questionnaire filed on behalf of the Defendant, the original of which has today been filed with the Court.

Please also be aware that this case has been passed to the OFT Special Investigation Unit dealing with the placement of Charging Orders on consumer credit debts.

Please also note that as you are looking to enter hearsay evidence against me derived from telephone calls that I am now wholly unprepared to talk with you on the telephone and all further communication must be in writing.

Yours faithfully

DG:)

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Well done DG.

 

 

Now due to the amount involved this should be a Fast Track hearing.

 

The good news is that you do not have to submit a fee as defendant. Link however had the privilege of forking out a couple of hundred to progress this far.

 

Fast Track does increase your exposure to costs but that's why you submitted enclosure C1. ;) By precipitating proceedings so blatantly, any Judge is likely to look very unfavourably upon Link in the matter of costs and interest and that's if they do even progress the case and win which is shortly going to be much, much more difficult for them than they anticipated.

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Brief outline of letter to link

 

Link Financial Ltd - v - Me

Claim No xyz

Agreement No. 123

 

I write in relation to the above noted claim.

Please find enclosed copy Allocation Questionnaire filed on behalf of the Defendant, the original of which has today been filed with the Court.

Please also be aware that this case has been passed to the OFT Special Investigation Unit dealing with the placement of Charging Orders on consumer credit debts.

Please also note that as you are looking to enter hearsay evidence against me derived from telephone calls that I am now wholly unprepared to talk with you on the telephone and all further communication must be in writing.

Yours faithfully

DG:)

 

Short, very sweet and to the point.

 

Now how much detail have you given the OFT so far in this case? There are other breaches of guidelines involved you might wish to pass on to them, have you given them permission to contact Link in respect of your account?

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Glad you think it was short and very sweet that was the intention. I could have written more but thought no it might go against me.

OFT I only mentioned about them taking me to court and looking for a charging order. Any further info to get rid of the xxxxxxxx that would also help anyone else would be great. I'll give them everything. They can have copies of everything if they want.

More info to give OFT I'll willingly do but haven't a clue where to begin and I know their deadline is same as mine Monday. DG

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From the way I understand it, I think that at the moment, the OFT are only looking for info. to take matters further as a 'campaign' so if they require any further details they will contact you.

 

If you told them the CO was in connection with credit card agreement debt that should be all they need on that issue, maybe keep the other breaches as a separate report?

Edited by foolishgirl
wrong key

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi again

Just three queries:

In Item I should 29. be at the beginning of para 5?

Draft Order 4th* item should it be "A reducted copy" is reducted right?

I assume I should send everything by Special Delivery with time being short?

Cheers

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Hi again

Just three queries:

In Item I should 29. be at the beginning of para 5?

 

This is corrrect - it's a quote from the judgment referred to i.e.'29.....etc'

 

Draft Order 4th* item should it be "A reducted copy" is reducted right?

 

Correct again - jargon, don't worry about it

 

I assume I should send everything by Special Delivery with time being short?

 

Always send docs like thisb by Spec. Del. unless you can hand deliver. I know it costs more but Rec. Del. is not guaranteed (I've had a couple of items go missing recently)

Cheers

 

Just a quickie on B - location. Without looking for the exact post, did you say you wanted the location changing from the existing court?

 

If so you need to put in here the court you want & why eg. xxxxxxx is the court located nearest to my home. I am a litigant in person with extremely limited resources to enable me to travel to xxxxxx, the claimant is a large company with resources to enable them to instruct local solicitors in this matter. I therefore respectfully request that the location of the hearing is transferred to xxxxx.

Otherwise it looks great DG. Toulouse has done you a wonderful submission. Send it off...

 

Be aware though that this is only the first stage, you may have to represent yourself at a hearing (although I suspect you may get a settlement offer at some point if they can't provide proof of the above) so spend as much time as you can reading the relevant threads on here to give you an insight into what you need to appreciate & present to a court if necessary. As your defence will be based around the ownership & default compliance of the debt, suggest you start with Defaults & Assignments. Ideas:

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/157455-defaults-including-charges-interest-2.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/123771-validity-debt-assignment-re.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/155843-deeds-notifications-assignment.html

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Thanks FG

Yes they've now changed the court to my local one but I did put in I wanted it changed. Got confirmation that they have changed it so at least thats one thing in my favour, hopefully.:)

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Received email from OFT saying thanks for brief details of my case. Will contact me further if more information is required at a later date.

DG:D

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Great DG. :)

 

There would seem to be other stuff that could go to OFT but suggest you concentrate on this case for now & leave other reports for later.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi again

Just three queries:

In Item I should 29. be at the beginning of para 5?

Draft Order 4th* item should it be "A reducted copy" is reducted right?

I assume I should send everything by Special Delivery with time being short?

Cheers

 

yes 29 should be there it as the quote is from para 29 of that hearing.

 

And by applying for a 'reducted' copy you are giving the claimant no avenue at applying for refusal of this demand on the grounds that it contains commercially sensitive information. You make it quite clear from the outset that you will accept a copy with some information missing.

 

If you want then change it to 'reducted in order that commercially sensitive information might be removed'

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Sent everything off to the plonkers and the court. This will be very interesting when Link get their post I wonder if they will continue to ring me on my mobile.

I could not have got this far if it wasn't for all you CAGS out there prepared to give help to those in need.

Thanks DG:D

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Sent everything off to the plonkers and the court. This will be very interesting when Link get their post I wonder if they will continue to ring me on my mobile.

 

It will be very interesting indeed when Link receive this. Apparently in the Link offices there's a 30 foot plastic palm tree and whenever they buy a debt where the person named has a property registered on the land registry search the link employee who is assigned that account gets to climb up this palm tree and beat the golden coconut with a wooden banana whilst the rest of the juniors get to try and knock him out the tree with assorted pieces of fruit, the more senior employees drink cherry lambrini, grunt and chatter about free money and short breaks to the Balearics throughout and tirelessley congratulate each other on their business acumen.

The ceremony of the golden coconut is usually followed by three days of feasting and merriment 3089293.jpg?v=1&c=ViewImages&k=2&d=310F5BD4C6CD10E9A691F75D87DF7909A55A1E4F32AD3138

 

and occasionally the employee even gets a shiny bauble or an extra two pounds in their wage packet to encourage other threat monkeys to try the same technique.

(I might have made this up but the more I read it the less sure I am).

 

Would love to be there when they find out a guaranteed 600% profit on their purchase might not be quite so guaranteed now.:rolleyes:

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You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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I think thats brill, think you should write some sort of book with illustrations possibly the title could be Debt Collectors Tea Party what do you think.

Thanks for all your help know doubt I'll need it again in the not too distant future

Once again thanks to everyone DG:D:D:D

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Apparently in the Link offices there's a 30 foot plastic palm tree and whenever they buy a debt where the person named has a property registered on the land registry search the link employee who is assigned that account gets to climb up this palm tree and beat the golden coconut with a wooden banana whilst the rest of the juniors get to try and knock him out the tree with assorted pieces of fruit,

 

 

:D:D:D It's not 1 April yet TLD but it sounds very credible, is it true?!!

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Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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:D:D:D It's not 1 April yet TLD but it sounds very credible, is it true?!!

 

I swear upon this Capital One credit agreement before me that this was 29% true when I started typing but due to costs incurred in making the post and interest chargeable upon the joke it is now 107% true but if you are prepared to accept this within the next 15 minutes I might agree that it's only 40% true otherwise you will incur enforcemnt charges proving it to be 225% true.

 

They still talk about the great golden coconut festival of 2007 when a GE Capital account of £48 was purchased for a fiver. The account belonged to one Paul Rubbamallet proprietor of P and A enclosures a small fencing company based just outside Swaffham in Norfolk. Unfortunately a combination of dreadful spelling and light shower of rain which caused the crayon used to write the demand to smudge resulted in the papers being sent erroneously to the Panda Enclosure at Whipsnade zoo.

 

Giant Pandas although able to read far better than threat monkeys are sadly colour blind so could not decipher the colourful scribblings warning of the terrible fate awaiting them and thus did not defend the claim. A charging order was subsequently placed upon the enclosure swiftly followed by an order of sale. Xing Lui, Zsa Zsa and the two clubs were forced out onto the pavements of the zoo where luckily a disgruntled ex employee of Links a Baboon by the name of Eric saw them, took pity and slipped them details of Links duplicity.

 

The pandas you will be pleased to know have since lodged an appeal and are confident of getting the original judgment overturned. The picture above shows the latter stages of the great feast of 2007, look closely and you can see the sandwich board bearing effigies of the victims which the winning employee gets to wear around the office for a whole month in the background.

 

 

 

For my April fools this year I shall be 'phoning (missing) Link and Cabbage answering the security questions and then stating although I do not acknowledge the debt I should still like to make a card payment of the entire balance in order to clean up my credit files.

 

When the threat monkey stops whooping and high fiving the others I shall simply say 'Ha ha April Fools' and see what they say then. To further the merriment I might even phone random DCA's lead them on a bit just to get them excited that some looney is trying to pay them and see if anyone is prepared to accept a card payment even though the account does not exist priorto calling them fools.

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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16_11_7.gif

 

 

:D:D:D Oh poor pandas!! :D:D:D

 

 

See you on Wednesday TLD for the update.......

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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I definately think you need to publish your writings TLD - I don't think these are suitable for childrens bedtime reading - think they might have nightmares about the poor pandas.

Superb writing - it's really cheered me up - look forward to the next installment.

DG:D:D:D

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A quick update - just had my statement from the CCCS poor old Link shame they don't get a penny extra - just increased payments to other creditors by a little. Hope that rattles them - serves them right greedy monkeys.

DG;)

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A quick update - just had my statement from the CCCS poor old Link shame they don't get a penny extra - just increased payments to other creditors by a little. Hope that rattles them - serves them right greedy monkeys.

DG;)

 

 

Good sounds like things are picking up at your end to some degree.

 

Just a thought.......

 

Will Link know that you have upped payments to the others and not themselves? It's not important per se but if they were to find out they are likely to blub about it in Court and claim that you've not been entirely honest and no wonder they're forced into litigation because you are paying everyone else more etc. etc. sure you get the drift.

 

A one liner stating that you have upped payments to all creditors with the exception of the Link account which is subject to Judiciary process might be in order, but no smiling or laughing out loud when you post it remember.

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You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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No they only had an updated I&E cause one of the other creditors wanted an update. When I asked CCCS they said just put down the existing payments. So its tough luck I can state that if asked cause we submitted a copy of the new one to the courts. Anyway I dont set the payments not my fault. I don't care about them anyway. I can always say well you're lucky to get that cause we just had a 10% pay CUT.:D

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Oh Oh looks like I'm out of a job in a couple weeks time so that should be fun with the plonkers.DG;)

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