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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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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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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Restons/MBNA Issued Court Claim **ROUND ONE TO SF**


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Ask solicitor to aim higher :rolleyes:

LOL! More like give them a bloody nose! CITB:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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LOL! More like give them a bloody nose! CITB:D

 

Exactly:D

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Omnia praesumuntur rite et solemniter esse acta (all things are presumed to be correctly done)

 

Well i dont think the juge sitting in at my SJ hearing agreed with that! :D:D:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi Gaz

I have heard of robinson way! They have featured on some of these cheekiness to DCA threads going round this forum if i remember correctly! There was a hilarious one from someoone concerning a lost tea towel! LOL ,Apparently they are a good one to wind up! :D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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My soliciter is waiting for them to follow the judges directions ! They have have till nearly end of this month to comply! Then i am supposed to be having a another hearing and that same barrister who did such an excellant job last time going to represent me again i believe!:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi Sunflower

 

Hows it going, got my judgement from the Courts confirmed in writing yesterday so that's all dune and dusted with Howard Cohen:D.

Got a new DCA on my back if your interested :D, There Called Robinson Way and work for Halifax at the moment:mad:.

 

Gaz

Hi Gaz:D

Excellant news you got shot of Cohens!:DI remember how we we all were at begginning of new year wondering what MBNA had in store for us and who they were going to set on us! Well for you and me and many other Caggers things been panning out quite well so far! :D:D:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Yet more good news.

 

At this rate you will need to change this to the 'We stuffed MBNA:lol:' thread.

 

David

Hi David

Lol! Just getting geared up for round two! :D:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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The only Robinson i knew was the one's that got lost in space.

I remember Will Robinson and Penny, even there spacecraft Jupitor 1.

Oh well they must of found there way home, as they have contacted me!!!!!!.

 

Gaz

 

 

Hi Gaz

I have heard of robinson way! They have featured on some of these cheekiness to DCA threads going round this forum if i remember correctly! There was a hilarious one from someoone concerning a lost tea towel! LOL ,Apparently they are a good one to wind up! :D

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The only Robinson i knew was the one's that got lost in space.

I remember Will Robinson and Penny, even there spacecraft Jupitor 1.

Oh well they must of found there way home, as they have contacted me!!!!!!.

 

Gaz

LOL! :D:D:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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The only Robinson i knew was the one's that got lost in space.

I remember Will Robinson and Penny, even there spacecraft Jupitor 1.

Oh well they must of found there way home, as they have contacted me!!!!!!.

 

Gaz

It must be the robot!!!!!

Warning......warning.....warning

david

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Yes the robot was great! LOL :D:D Warning warning you are about to be contacted by some twits!:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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On the security details questions, soem of my favourites are from a poster called Drexl Spivey on Diskmandave's Robinson Way thread. For example-

 

 

RW caller : Good afternoon, I am calling from Robinson way , can I confirm your name is Drexl Spivey ?

 

Drexl : I am he, Drexl Spivey

 

RW Caller : I am phoning in regard to your acc ...

 

Drexl : Cease

 

RW Caller : excuse me ?

 

Drexl : You are familiar with the data protection act 1998 are you not ? . Were you just about to contravene that act by what could be illegal disclosure by not going through the correct security checks to ascertain who it is exactly you are talking to ?

 

RW Caller : Er , could you tell me your postcode please .

 

Drexl : My postcode ! ( sounding incredulous ) , you can't ask for my postcode and think that fufils any kind of security criteria , anyone can know my post code, it is in the public domain, it is on the electoral register. How would you like it if the security code to enter your online banking was asking your postcode . You need to ask me something only I would know .

 

Drexl : you need to ask me the name of my first cat. That is the question i always use for any account. Ok, now ask away.

 

RW Caller : Hangs up

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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The above was posted on my original MBNA thread by Emma! to give us a laugh over robinson way!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi Gaz!

i think you will like the above thread on Robinson Way it features some good DCA baiting phone calls!:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi sf and gaz, just got ask a q now that you two have steamed ahead of me in the knowledge front. can every dca that takes over the debt take you to court? does that mean that you could essentially be in court a whole lot and the barrister you have acting or even yourself having to take time off work could keep fighting the same issue the enforceability of any agreement?? this is a bit concerning sf that you have done round one but now your on to round two and 3 and 4? not sure i understand, i got an e mail about some debt collectors awards in the country, goodness knows why i got it but gonna post it on my muffintop v mbna thread as it gives loads names which could be insight.

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Hi Muffintop

I think when the Original crediter sells or passes your account onto another pondfeeder there is always the chance the second pondfeeder may also try to take someone to court again or threaten it However if they silly enough to try and take someone to court who has already given original crediter grief in a court they are living dangerously! i should imagine!:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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If you've seen DCA 1 off in court i.e. submitted a defence & got a discontinuance or strike out, DCA 2 would have to produce new evidence (& that doesn't mean just finding your agreement etc.) & apply to the court for permission to start fresh proceedings. DCA 2 will prob. make threatening noises at you but you can see him off by simply referring to DCA 1's submission. Usually at that point DCA 2 will sell on to DCA 3 & the threats start over. The only way you can stop it is by applying to the court to have your agreement declared unenforceable but you would have to be very sure it was before you started down that course of action.

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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If you've seen DCA 1 off in court i.e. submitted a defence & got a discontinuance or strike out, DCA 2 would have to produce new evidence (& that doesn't mean just finding your agreement etc.) & apply to the court for permission to start fresh proceedings. DCA 2 will prob. make threatening noises at you but you can see him off by simply referring to DCA 1's submission. Usually at that point DCA 2 will sell on to DCA 3 & the threats start over. The only way you can stop it is by applying to the court to have your agreement declared unenforceable but you would have to be very sure it was before you started down that course of action.

 

the other way to stop it is to simply file all future letters unanswered until such time as you receive notification of legal procedings (you'll know when that is- hell will already have frozen over)

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Hi sf and gaz, just got ask a q now that you two have steamed ahead of me in the knowledge front. can every dca that takes over the debt take you to court? does that mean that you could essentially be in court a whole lot and the barrister you have acting or even yourself having to take time off work could keep fighting the same issue the enforceability of any agreement?? this is a bit concerning sf that you have done round one but now your on to round two and 3 and 4? not sure i understand, i got an e mail about some debt collectors awards in the country, goodness knows why i got it but gonna post it on my muffintop v mbna thread as it gives loads names which could be insight.

funnily enough i did ask my soliciter about this just after we were discussing his and his barristers sucess in getting my Restons/MBNA SJ case set aside .He said if round two was successful and we beat them !All i would need to do in future if anyone tried to take or threatenend legal action against me on that account was just to tell him and he would see them off :Dand they could be reported to OFT etc ,Another good thing about having a CFA solictor involved! :D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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