Jump to content


  • Tweets

  • Posts

    • 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.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Response by Howard Cohen/Santander **WON** (claim struck out)


hammyhound
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5133 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 122
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Thanks Donkey,

 

they are lying, I know they are, why didn't they pay the hearing fee in the first place - they did say that they did not receive the original order:D and I said I suppose you didnt receive the unless order either how convenient. If they didnt receive the original order how did they know when to send the hearing fee - all b*****cks to me. The only order they have received was the order striking out the claim so why on earth did they not speak to the court to clarify - courts records show no telephone calls no correspondence.

 

I will oppose. They said they would send a copy of their application to me. I will post it on here for everyone to have a laugh at. In the meantime I have prepared and will send to them my bill of costs and notice of detailed assessment.

Link to post
Share on other sites

Howard Cohen really are the lowest of the low.

 

Not surprisingly the Cleckheaton office has no real solicitors registered there, just a load of 'litigation assistants', I wouldn't be surprised if it was like the Marlin office (sit a one desk to be CL Finance or move to another and be Howard Cohen).

 

As for an admin error, they are expert at this, just like the 'you have been given a CCJ and have been ordered to pay £**** per month' letters that were an 'admin error'

 

Stand up to them and show the Court what t**ts they are, then get your costs:grin:

 

Pookey

I'm in the DCA kicking business ..........and business is good!!!!

Link to post
Share on other sites

  • 1 month later...
  • 4 weeks later...
  • 4 weeks later...

Well I just thought I would update.

 

After sending my commencement of bill of costs to HC (by recorded delivery and they signed for it) they did not raise points of dispute so a default costs certificate was issued against them.

 

Still no money so I am sending the bailiffs in to CL Finance. According to HC they have never received anything since the court order in January - liars - like the hearing fee they sent to the wrong court and also the application they said they sent to the court to have the judgment set aside - all lies.

 

What I am trying to find out is the warrant of execution. If I fill it in as I am the Defendant the bailiff will come to me. Do I transpose the parties so I am the Claimant.

 

Any help appreciated.

Link to post
Share on other sites

HH, have a read of RobinWayRobinMe's thread from about post 482 onwards... pt2537 offered some advice that may just help...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/212396-trying-set-aside-judgement-49.html#post2905868

 

HTH

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Thanks CB

 

Will probably just send in the warrant of execution with the parties name transposed as I think I am now claimant in this matter and CL Finance are the Defendant. The order was dated 15th April. I think I have given them enough time to pay

 

HH

Link to post
Share on other sites

If and when I do hear anything I will inform on here. Apparently it is a long and slow process as it is not my local court they have to send the Warrant to CL Finance's local court and then a 7 day letter is sent to them before they go in but I will keep you updated.

 

Just had another thought, when they rang me last week they said they would take their client's instructions on how to proceed. I had to inform them of the law and that this was the final straw for their client - either pay or they will be in contempt of court. She said she would have to go and look it up:eek: How much are these morons being paid.

 

HH

Link to post
Share on other sites

How much are these morons being paid.

 

Hi HH,

 

in the past when they got CCJ's undefended, they probably got paid a lot. But because we are fighting back, they are finding it a little bit tougher, the more people we enighten, the less they earn.:D:D

 

Debs x

Link to post
Share on other sites

  • 2 weeks later...

Cheque for costs received today - yippee.

 

So Post the minibus is cancelled I am afraid.

 

An end to this matter at least.

 

BTW as this was an order against CL Finance for costs and as they did not pay within 4 weeks of the date of the order then they will have a judgment registered against them for the next 6 years. I would love to see their credit file:D I know I know, they are not going to last 6 months but it makes me all warm inside knowing this.

 

Thanks everyone a small donation is on its way.

 

HH

Link to post
Share on other sites

Well done Hammy, top marks for perserverance.

 

Hope the cheque doesn't bounce! :D

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.

 

Link to post
Share on other sites

Cheque for costs received today - yippee.

 

So Post the minibus is cancelled I am afraid.

 

An end to this matter at least.

 

BTW as this was an order against CL Finance for costs and as they did not pay within 4 weeks of the date of the order then they will have a judgment registered against them for the next 6 years. I would love to see their credit file:D I know I know, they are not going to last 6 months but it makes me all warm inside knowing this.

 

Thanks everyone a small donation is on its way.

 

HH

 

Hello HH, that has made my day :D

 

At least you can forget about this now.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Lucky you M&M!! :D

 

Can you post a link to your thread?

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.

 

Link to post
Share on other sites

Lucky you M&M!! :D

 

 

Can you post a link to your thread?

 

Hi FG.

 

The link >>> http://www.consumeractiongroup.co.uk/forum/legal-issues/226662-mandm-ge-money-court.html

 

will be updating today, mum in laws account so just reading through the bits and pieces and sorting out the AOS today.

 

M

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...