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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.
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    • 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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Help With A&L 25% Offer


Jim Pike
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Hi All

I wonder if you good people can give your views on this please. I was given the offer to clear my debt of appx £8000 with A & L by paying 25% of it over 3 months which I thought would be a full and final thingy. This letter arrived and I am not sure if it means the same as full and final, could you give me your views please as I am due to make the second payment towards it soon.

Cheers

Jim

 

a&l Offer this one.pdf

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yep i think you are right to question it.

i would be more happy that they change the line to add 'and any of our agents'

 

BTW: have you CCA'ed this? it puzzles me why they are being so nice?

almost as if they know its unenforceable.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx100uk,

Thanks for your reply, Yes I did cca them in Feb + follow up letters but heard nothing from them until begining of June thanking me for my request, saying that my copy will be sent under separate cover, and goes on to say they are not required to send a copy which contains signatures. Which is strange as I cca'd them for my loan and they sent a copy of the signed agreement back pretty Quickly.

I am just unsure about the "Partial settlement" wording in the letter. The account has never been sent to a collection agency, just dealt with inhouse at mbna/A&L this is not the first offer they have made to me they started at appx 50% then 40ish then 33% then this is the final one before they send to collection agency. I thought 25% was a good thing, but not if they can come back at me later?

Jim Pike

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Hi Jim, congratulations on the 25%! I am wondering how long it was before A&L started to make offers to you? I owe them and am currently getting letters from them charging me £25 a month for the letters and that's it! I want to offer them a F&F but scared they will not accept the low amount i can offer - but if they are now accepting 25% from you then i may have hope yet! Best of luck

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Crikey Jim that is a fantastic offer if as andie says you can get the wording of their letter tightened up. I have a loan with them at the moment so am curious to know how long it took to get them to offer 25%.

Good luck, I'm jealous !

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I am wondering if the difference here is that Jim is talking about a credit card with A&L via MBNA? Is that right Jim? And that you have a loan also? To be honest i am having more luck sorting out my MBNA card ( not an A&L one) than i am with A&L loan... How are you doing with the loan side of things? That is if i am talking any sense at all!!

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Hi

avarose,

It was appx 4 months when I started getting offers from them, I suppose it depends on a lot of different things

i.e Your age, amount owed, prospects of eventually paying it off

in my case it would take appx a zillion years to pay it off.

This is only my credit card account, the loan is something else.

I would imagine that yours is a loan? that's why they charged you £25 for letters, thinking back they were pretty fair and stopped the interest going onto my CC quite soon after I fell into difficulties, as did most of the others with the exception of HSBC and Lloyds (another story)

Jim Pike

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Hi andie_303

Thanks for your advice, I have already tried but as it's not a full payment I am making they will not class it as full and final only partial settlement. But I am sure other people have settled in a similar manner and i have not heard of A & L going back on the arrangement and chasing for the remainder so fingers crossed.

 

Hadders86

I think that you may find it won't happen with loans, mine is a CC debt that I will now never be able to pay off due to no work, age and level of debt.

Cheers

Jim

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Jim

 

I think the advice you have been given on this thread is perfect. Gat them to confirm that by 'no further action' they mean that the remainder will not be passed on to another party for collection - in other words, although the debt is only partially settled, the arrangement constitutes a full and final settlement between you and them.

 

 

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  • 1 year later...

Hi all

 

Update

 

I did as havinastella suggested and paid the amount through a third person.

 

True to their word (so far) I have not heard anything else from MBNA A&L regarding the remainder, so I think by now that they intend to keep their word and not send anyone else after me for the balance.

 

I will of course keep all correspondence and tapes of calls, for many years (just in case)

 

Jim

 

 

Did anyone else from this thread go forward and offer F&F successfully ??

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Hi steven4064

 

Thanks for the reply.

 

I see only too often that there is no follow ups to threads, it leaves the reader wondering what has happened next (after reading hundreds of posts sometimes). I just thought that folks should know not to be too shy of doing F&F with creditors as some are OKish.

 

Yes totally agree I will keep paperwork etc probably much longer than 7 years.

 

Hope someone else sees this and reports similar results.

 

Cheers

Jim

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  • 2 weeks later...
Hi Jim, quick question. Was this originally an A&L credit card that was taken over by MBNA? Thanks :-)

Hi minmoo

 

Yes it was a credit card, and yes mbna were the creditors. If you are thinking of trying Full & Final with them make sure if sending payment that it is through a third person. In my case they took the 3 payments from a third persons credit card. Yea I know that credit should not be paid with credit but I suppose they didn't care.

Cheers

Jim

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