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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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Wiffaleen V Abbey ****** WON ********


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Hi Karne

 

I'm a bit confused about why I'm applying for a stay. Pls can you explain what this means ? From my understanding of the stay it indicates that I should be contacting them in an attempt to settle before court...( which i dont' think they are going to do know) and then after 28 days we are back to court anyway??!!

 

Pls help this is all getting too much for a mere novice like me and I'm thinking of giving it all up

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Hi The reason this has been suggested is because there is already a test case listed in the Mercantile court.

On the basis of that your case should be stayed pending the outcome and conclusions drawn from that hearing.

We should not draw conclusions at this stage but our experience of Mercantile court hearings so far make for interesting reading !!

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi karne & martin 3030

 

Thanks Martin 3030 for your reply, that explains the suggestion to apply for a stay.

 

Karne (or anyone else) what do you think to the letter i drafted, if its ok I will get it sent today

 

Thanks for all help as ever (getting more & more confused by the minute)

 

x

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[quote=wiffaleen;377015]Hi Karne

I'm a bit confused about why I'm applying for a stay. Pls can you explain what this means ? From my understanding of the stay it indicates that I should be contacting them in an attempt to settle before court...( which i dont' think they are going to do know) and then after 28 days we are back to court anyway??!!

Pls help this is all getting too much for a mere novice like me and I'm thinking of giving it all up

 

Hi Wiffaleen

 

Don't give up. Sometimes it feels like thats the way to go but dont let shABBEY take the p*ss and think of all the hard effort that youve put in already.

 

I'm exactly like yourself and am a novice with all this legal marlarky...but im learning every day!!

 

Our cases are different but they lead to the same conclusion it seems. shABBEY will pay back your charges in the end by whichever path this follows. They'd rather do that than explain how their blasted penalty charges are made up.

 

Hope ive given you some support. I know exactly how you feel as does everyone on this forum.

 

Hold your head up and do whats best for you!!

 

...and Good Luck.

 

:D :D

 

LIP

ABBEY

DPALetter received by bank on 100406.

£10 Cheque cashed by shABBEY on 200406.

14 statements received between 8-10 0506.

40 day limit reached on 19/5/06.

LBA sent special delivery on 20/5/06

7 days up on the 270506 for the LBA

Prelim approach for repayment for an estimated amt sent. 14 days up on the 200606.

DPAorder for NON-Compliance served 220606. Expires 060706

Final LBA sent, 14 days will be up on the 060706.

Defence from shABBEY received for DPANon compliance 050706

Financial claim deemed served to shABBEY on the 220706

AQ for DPANon Compliance handed in to court on 24706

Defence and 50% offer for Financial claim received 140806

AQ for Financial Claim received 170806

AQ for finacial claim handed in 010906

Hearing 4 amended claim 270906

Fast track Allocation 270906

Disclosure ordered 191006

shabbey failed to disclose 191006

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Hi Wiff

 

Seems we are in the same boat with very similar hearings and orders. I am going to write to the judge and go with staying the claim pending a decision in a test case involving abbey, unless some one sujests otherwise. I think a number of cases are already in the mercantile court, so no point clogging up that one as well. I need to check how many if any have been settled out of court in the multi track, might be worth bringing that to the attention of the Judge in the letter. I will keep you informed of any progress and will keep a beedy eye on your thread as well. Good luck and best wishes.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Hi all

 

Thanks for the support that you given especially lost in paradise, bish & Karne

 

Was having a bit of a bad day and was losing the plot slightly!! seems as though it's all out of my hands.

Anyway now I've sent the letter to Abbey applying for stay. As my prelim is on 28th do I wait to see if I hear anything or do I notify the judge anyway that I've asked for a stay?

 

Thoughts & comments appreciated as ever

 

Thanks so much for all help rec'd

xx

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Hi all

 

haven't heard anything from abbey (surprise surprise) Do you think that I should phone them to check whats happening or just write a letter?

 

I'd like to know where I stand so I can sort out arrangements for 28th if need be

 

Comments appreciated from all

x

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Hi Wiffaleen

 

I did post the full order that I received from the court, have a quick look and see if it is the same as yours. I read from mine that 14 days before the hearing abbey had to send me and the court either details of proceeding test cases or draft directions for my case to be heard as a test case. I have received nothing from abbey, so I am assuming the court has heard nothing, in which case abbey is in breach of the order. I am sending a letter to the court explaining I am unable to attend, that I am happy to abide by the Judges decision and that I have not received the required information from them. Iwill also send a copy to abbey. What do you think. I did pm Karnevil for some feedback on this but not heard anything yet. Wan't to get letter in by 5 day deadline, so needs to go in post now.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Have just completed my court bundle of almost 200 pages - just spotted the Competition Commissioners report (Karnevil's post) - another 200 pages. Can I just save it to disk and send copies to the bank and court, could I just make reference to it somewhere on the N1 or do I have to print it in full 3 times if I want to refer to it at all in court? Do I just go with what I've already got???!!

Abbey recovered £817 -Jan 07

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HI bish

 

Your letter seems to be exactly the same as mine. But I didn't receive it until 16th Nov, but like you I haven't rec'd anything from abbey. I think you are correct about breach of conditions. I also need to write to judge but I haven't had a reply from previous post yet so don;t know if to contact abbey first or not.

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Hi all

 

Rang abbey this morn to check if rec'd my letter requesting stay. They took my name case no & tel no said would call me back later

 

Just had call and have agreed to settle claim in full - WHAT A RESULT!!!!!!!!

 

am just waiting for email to confirm!!!!!

 

I guess I need to write to judge and notify him of this as tomorrow is 5 days before case

 

YEEEEEEhaaaaaaah

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karn - i'm really confused as to why i still seem to be dealing with dla piper and everyone else is now dealing with abbeys in-house solicitors - do you think they just forgot to update me on the change?? i've sent my bundle to dla now so they can b****y well forward it on if the solicitors have changed!

missphant :razz::D

 

claim commenced 05.06.06

court hearing on 08.12.06

abbey settled in full before the hearing...yippee :cool:

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Hi Wiff

 

Great Great Great news, If they have settled with you then I am hoping they will settle with me now. I am so pleased for you and hope that it will soon be over for me. Enjoy the money, Just in time for Christmas. Best wishes.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Morning all

 

I've rec'd email confirmation from abbey that a cheque has been paid into my a/c (have 2 wait for it to clear in normal abbey tradition) nevertheless a complete result

 

Many thanks once again for all help rec'd keep up good work and maybe 1 day banks will stop ripping us off!

 

WIll donate next week when chq cleared

 

Good luck to all you can do it don't lose hope

 

xxxxxx:D :D

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Woooooo hooooooo well done Wiffaleen.

Congratulations. I'm glad you kept going. Hope the money brings you a very merry xmas!!!!

:D :D :D :D :D

LIP

ABBEY

DPALetter received by bank on 100406.

£10 Cheque cashed by shABBEY on 200406.

14 statements received between 8-10 0506.

40 day limit reached on 19/5/06.

LBA sent special delivery on 20/5/06

7 days up on the 270506 for the LBA

Prelim approach for repayment for an estimated amt sent. 14 days up on the 200606.

DPAorder for NON-Compliance served 220606. Expires 060706

Final LBA sent, 14 days will be up on the 060706.

Defence from shABBEY received for DPANon compliance 050706

Financial claim deemed served to shABBEY on the 220706

AQ for DPANon Compliance handed in to court on 24706

Defence and 50% offer for Financial claim received 140806

AQ for Financial Claim received 170806

AQ for finacial claim handed in 010906

Hearing 4 amended claim 270906

Fast track Allocation 270906

Disclosure ordered 191006

shabbey failed to disclose 191006

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