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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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Lloyds TSB get worse..


DerekW
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Also, please start your own thread to avoid confusing things!

DerekW

 

Rock On!

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

Lloyds TSB - Claiming £1645

8 August - Prelim + Schedule Sent

10 August - Overdraft facility withdrawn(!)

15 August - SOD OFF Arrived

21 August - LBA Sent

25 August - "Final Response" letter received

4 September - Claim filed at local court.

13th September - Claim deemed served

15th September - Acknowledgment of service filed (SCM)

7th October - Defence filed + AQ received

16th October - AQ filed at local court

22nd November - Court date set for 22nd February 2007

30 November - Full Settlement Accepted

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Hi All

 

Took a little walk down to the court today an filed the claim:-)

 

I asked the very nice and helpful lady there (I almost asked her out!) to make sure I had done everything right - just a couple of minor things which others should be aware of. The Claimants name must be preceded with a title and I had not put "Mr" and also I had put "Lloyds TSB" as the defendant, where it should have been "Lloyds TSB Plc". She said that might have held things up.

 

Today is exactly 14 days since the LBA as it turns out after all.

 

Anyway, now the waiting game begins - ho-hum!

DerekW

 

Rock On!

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

Lloyds TSB - Claiming £1645

8 August - Prelim + Schedule Sent

10 August - Overdraft facility withdrawn(!)

15 August - SOD OFF Arrived

21 August - LBA Sent

25 August - "Final Response" letter received

4 September - Claim filed at local court.

13th September - Claim deemed served

15th September - Acknowledgment of service filed (SCM)

7th October - Defence filed + AQ received

16th October - AQ filed at local court

22nd November - Court date set for 22nd February 2007

30 November - Full Settlement Accepted

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Good for you Derek - fingers crossed for ya :D

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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just a couple of minor things which others should be aware of. The Claimants name must be preceded with a title and I had not put "Mr"

 

Just for clarification, that is not necessarily the case. I've filed 5 cases so far, not one of them with the "Mr" or "Mrs" (on purpose, as DH and I have same initials), and not one of them ever delayed because of that.

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  • 2 weeks later...

Hi All

 

Just got the Notice of Issue back from the court Claim Number 6PH04364 - deemed served on the 13th September 2006 - they have until the 27th September to reply. That means they will file an acknowledgement of service on the 28th - this is all getting very predictable isn't it!

 

What a blatant abuse of the court system this is - it really makes me mad that they are able to intimidate people by using the court system for their own advantage. There is also the financial aspect, they of all people know full well that people who are struggling to pay their charges are also likely to be unable to afford the court fees and may fall down at the AQ stage because of lack of funds. Something I will definitely be pointing out to the judge if they get all the way to court. Is there anywhere we can complain about this?

DerekW

 

Rock On!

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

Lloyds TSB - Claiming £1645

8 August - Prelim + Schedule Sent

10 August - Overdraft facility withdrawn(!)

15 August - SOD OFF Arrived

21 August - LBA Sent

25 August - "Final Response" letter received

4 September - Claim filed at local court.

13th September - Claim deemed served

15th September - Acknowledgment of service filed (SCM)

7th October - Defence filed + AQ received

16th October - AQ filed at local court

22nd November - Court date set for 22nd February 2007

30 November - Full Settlement Accepted

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Hi Derek,

 

I totally agree with you, its pretty obvious that they'll never payout before the claim is filed as its at that point which i'm sure many people never get passed due to having the initial outlay, its dam right unfair, if people had money to payout like that they wouldnt be claiming there charges back... which makes me all the more determined to fight for every penny they owe me...

 

best of luck

christina

 

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Hi Christina

 

Yes, the banks have the unfair advantage of knowing everything about your financial situation, which is not the norm when you're being sued by someone!

 

Some people I've spoken to about what I'm doing have said straight away that they would do it as well - but just can't afford the court fee when they have rent and bills to pay. Catch 22 - they can't sue to get their money back because of lack of money caused by the person they want to sue!

 

I've made damn sure I've got the £100 for the AQ when it gets to that point (even though it's a struggle), but someting really needs to be done to stop this ridiculous practice.

 

Good luck with yours! :-)

DerekW

 

Rock On!

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

Lloyds TSB - Claiming £1645

8 August - Prelim + Schedule Sent

10 August - Overdraft facility withdrawn(!)

15 August - SOD OFF Arrived

21 August - LBA Sent

25 August - "Final Response" letter received

4 September - Claim filed at local court.

13th September - Claim deemed served

15th September - Acknowledgment of service filed (SCM)

7th October - Defence filed + AQ received

16th October - AQ filed at local court

22nd November - Court date set for 22nd February 2007

30 November - Full Settlement Accepted

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Share on other sites

The worse thing is, with Lloyds at least, they actually seem to try to make sure you don't have the money for the court fees. I'm my case as soon as they realised I would take themto court they demanded the repayment of my overdraft! They know your situation, and they will use any dirty trick they can. If it wasn't for my parents lending me the court fees I wouldn't have been able to proceed with my claim for a while.

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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My situation is very similar to yours Mindzai! See the beginning of this thread and that's exactly what happened to me, but the withdrawal of my OD facility came a bit too quick after my prelim letter for the two to be directly connected, unless I had said something on the phone to them when I complained about the charges a couple of weeks earler - I can't remember.

 

Like I said before - is there anywhere we could all write to complaining about this? Any Mods know? Or would we be wasting our time?

DerekW

 

Rock On!

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

Lloyds TSB - Claiming £1645

8 August - Prelim + Schedule Sent

10 August - Overdraft facility withdrawn(!)

15 August - SOD OFF Arrived

21 August - LBA Sent

25 August - "Final Response" letter received

4 September - Claim filed at local court.

13th September - Claim deemed served

15th September - Acknowledgment of service filed (SCM)

7th October - Defence filed + AQ received

16th October - AQ filed at local court

22nd November - Court date set for 22nd February 2007

30 November - Full Settlement Accepted

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To be honest I wouldn't be surprised if the DPA request flags your account now, they know how the process works. I'm sure they know exactly what's going on and whats going to happen the moment they get that letter. It's just a giant game of poker where we have the royal flush and they have a pair of 2s, it's just a matter of waiting for them to stop bluffing and fold. And fold they will :D

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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Mayby the whole question has just been answered by bookworm - check out the latest announcements....

DerekW

 

Rock On!

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

Lloyds TSB - Claiming £1645

8 August - Prelim + Schedule Sent

10 August - Overdraft facility withdrawn(!)

15 August - SOD OFF Arrived

21 August - LBA Sent

25 August - "Final Response" letter received

4 September - Claim filed at local court.

13th September - Claim deemed served

15th September - Acknowledgment of service filed (SCM)

7th October - Defence filed + AQ received

16th October - AQ filed at local court

22nd November - Court date set for 22nd February 2007

30 November - Full Settlement Accepted

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Just got another letter from the court - SCM have filed the acknowledgement of service on the 15th - a bit quick methinks! Makes no difference to the timescale though - still 28 days from the service date...

DerekW

 

Rock On!

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

Lloyds TSB - Claiming £1645

8 August - Prelim + Schedule Sent

10 August - Overdraft facility withdrawn(!)

15 August - SOD OFF Arrived

21 August - LBA Sent

25 August - "Final Response" letter received

4 September - Claim filed at local court.

13th September - Claim deemed served

15th September - Acknowledgment of service filed (SCM)

7th October - Defence filed + AQ received

16th October - AQ filed at local court

22nd November - Court date set for 22nd February 2007

30 November - Full Settlement Accepted

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Mayby the whole question has just been answered by bookworm - check out the latest announcements....

 

Must be missing something, have you got a link?

 

You're on a very similar timescale to us, ours were aknowledged 13th, and were served on 10th, very quick response for us as well.

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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I think this should go there:

 

Bankfodder Announcement

 

Referring to my earlier qustion of the unfairness of the bank's abuse of the court system....

DerekW

 

Rock On!

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

Lloyds TSB - Claiming £1645

8 August - Prelim + Schedule Sent

10 August - Overdraft facility withdrawn(!)

15 August - SOD OFF Arrived

21 August - LBA Sent

25 August - "Final Response" letter received

4 September - Claim filed at local court.

13th September - Claim deemed served

15th September - Acknowledgment of service filed (SCM)

7th October - Defence filed + AQ received

16th October - AQ filed at local court

22nd November - Court date set for 22nd February 2007

30 November - Full Settlement Accepted

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Apologies Mindzai - I meant Bankfodder not Bookworm! Sorry!

DerekW

 

Rock On!

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

Lloyds TSB - Claiming £1645

8 August - Prelim + Schedule Sent

10 August - Overdraft facility withdrawn(!)

15 August - SOD OFF Arrived

21 August - LBA Sent

25 August - "Final Response" letter received

4 September - Claim filed at local court.

13th September - Claim deemed served

15th September - Acknowledgment of service filed (SCM)

7th October - Defence filed + AQ received

16th October - AQ filed at local court

22nd November - Court date set for 22nd February 2007

30 November - Full Settlement Accepted

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Share on other sites

  • 4 weeks later...

Hi All

 

Well after a long wait SCM have submitted their defence - standard crap as far as I can see. Got the AQ, now a question: is it worth writing to them (SCM) before submitting the AQ to see if they will move at all? Or shall I just go ahead and file the AQ so they can spin it out for a few more weeks?

 

The timescale is really starting to **** me off and it's so pointless! All the time this is going on my account is effectively frozen and they have to know there's no way I'm giving up, it's just going to cost them another £100 in the end.

 

Has anyone else got any result by writing to them before submitting the AQ?

 

Thanks!

DerekW

 

Rock On!

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

Lloyds TSB - Claiming £1645

8 August - Prelim + Schedule Sent

10 August - Overdraft facility withdrawn(!)

15 August - SOD OFF Arrived

21 August - LBA Sent

25 August - "Final Response" letter received

4 September - Claim filed at local court.

13th September - Claim deemed served

15th September - Acknowledgment of service filed (SCM)

7th October - Defence filed + AQ received

16th October - AQ filed at local court

22nd November - Court date set for 22nd February 2007

30 November - Full Settlement Accepted

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Well, you only have 14 days to complete and return the AQ, so it's up to you, really. I think that you have done all that's possible, and that it would be pointless, but do I know how their tortuous mind works....:rolleyes:

 

Actually, I have a strong suspicion that a lot of them will be offering reduced payouts as we get closer to Christmas and people get more desperate for money. We'll see.

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Hi All

 

Been down to the local court and filed the AQ - another £100....

 

I've seen a lot of court dates being set for January - let's hope it's not that long, but as you say they may start making measly offers before Christmas when they know people need the money. God knows I do but I ain't settling for a penny less - I don't care if it takes till the following Christmas - it's a matter of principal now!

 

Just a suggestion (forgive me it it's already been done & I've missed it), can we not all write to somebody complaining about this abuse of the court service? One letter from an individual will get nowhere but maybe a few hundred would?

DerekW

 

Rock On!

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

Lloyds TSB - Claiming £1645

8 August - Prelim + Schedule Sent

10 August - Overdraft facility withdrawn(!)

15 August - SOD OFF Arrived

21 August - LBA Sent

25 August - "Final Response" letter received

4 September - Claim filed at local court.

13th September - Claim deemed served

15th September - Acknowledgment of service filed (SCM)

7th October - Defence filed + AQ received

16th October - AQ filed at local court

22nd November - Court date set for 22nd February 2007

30 November - Full Settlement Accepted

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Share on other sites

Good luck Derek.

 

My dates have been set for early Feb so Jan doesnt sound unlikely...

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

Link to post
Share on other sites

Thanks!

 

Not sure if I've cocked up here but I've just got a letter from SCM with their AQ, requesting a copy of mine. I didn't copy it because the lady at the court said there was no reason to. Ah well...

 

I see in theirs they have asked for a postponement of 1 month to "attempt to settle the claim" and that they are not available for all of October and November - how ridiculous is that??!!

 

I will write to them (when I've calmed down) asking why they want a month extra when they've already stated their "final response" and how a firm of solicitors can be unavailable for 2 months solid. I will copy the court as well. This is just taking the **** out of the court system...

DerekW

 

Rock On!

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

Lloyds TSB - Claiming £1645

8 August - Prelim + Schedule Sent

10 August - Overdraft facility withdrawn(!)

15 August - SOD OFF Arrived

21 August - LBA Sent

25 August - "Final Response" letter received

4 September - Claim filed at local court.

13th September - Claim deemed served

15th September - Acknowledgment of service filed (SCM)

7th October - Defence filed + AQ received

16th October - AQ filed at local court

22nd November - Court date set for 22nd February 2007

30 November - Full Settlement Accepted

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Thanks!

 

Not sure if I've cocked up here but I've just got a letter from SCM with their AQ, requesting a copy of mine. I didn't copy it because the lady at the court said there was no reason to. Ah well...

 

You're fine. You are not obliged to send them a copy of your AQ, just a courtesy

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Thanks!

 

Not sure if I've cocked up here but I've just got a letter from SCM with their AQ, requesting a copy of mine. I didn't copy it because the lady at the court said there was no reason to. Ah well...

 

I see in theirs they have asked for a postponement of 1 month to "attempt to settle the claim" and that they are not available for all of October and November - how ridiculous is that??!!

 

I will write to them (when I've calmed down) asking why they want a month extra when they've already stated their "final response" and how a firm of solicitors can be unavailable for 2 months solid. I will copy the court as well. This is just taking the **** out of the court system...

 

They started off being unavailable for 1 month which just happened to put them in the same position as if they were allowed a stay, now they do what ever they can get away with. SCM are a joke, they more or less admitted to me on the phone today they can't cope with all the claims. make sure you keep them on their toes.

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  • 2 weeks later...

Thaks folks, sorry I haven't been on here for a while...

 

I sent them this back for what it's worth - probably won't even get read but it's something else to produce in court to prove I'm making an effort....

 

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

I acknowledge receipt of you letter and Allocation Questionnaire dated 16th October 2006. I have filed my Allocation Questionnaire and was told by the court that it was not necessary to copy the document, however the details were as follows:

A: No

B: No

C: Yes

D: 0

E: No

F: No

G: I expect this hearing to last no more than 1 hour.

H: Yes

I am astounded to read that you have requested that the claim is postponed for one month “so that you and the other party can attempt to settle the claim either by informal discussions or by alternative dispute resolution”. I remind you that your client has made absolutely no attempt to contact me regarding this matter since the claim began and their last communication clearly stated it was their “final response”.

If your client wishes to settle this matter then I suggest that they do so, or proceed to court as soon as possible, where the matter will be resolved, I see no reason to delay this matter further.

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

 

Almost feel sorry for them, probably a good bunch of solicitors with their name being dragged through the mud by the bank. But I suppose they're getting paid for it....

DerekW

 

Rock On!

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

Lloyds TSB - Claiming £1645

8 August - Prelim + Schedule Sent

10 August - Overdraft facility withdrawn(!)

15 August - SOD OFF Arrived

21 August - LBA Sent

25 August - "Final Response" letter received

4 September - Claim filed at local court.

13th September - Claim deemed served

15th September - Acknowledgment of service filed (SCM)

7th October - Defence filed + AQ received

16th October - AQ filed at local court

22nd November - Court date set for 22nd February 2007

30 November - Full Settlement Accepted

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