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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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    • 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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Claim Stayed – Due to Unenforceable CCA Test Cases.


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Sorry guys,im still a little confused,hence the name (Dizzy Blonde):D

 

What does a stay actually mean in simple terms, does it suit Cohens more than me, ? or does it just simply mean no progress can be made until the stay is lifted ?or could cohens sneakily go for judgement without me being able to have a trial?

 

Any help much appreciated

 

DB

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judgement passed down 10 am Xmas Eve

 

and a big F*** you to the banks who thought they would get away with blagging "reconstituted" agreements

 

the law is black and white and thank the lord it has been applied correctly.

 

Hope this puts an end to their "creative" Blue Peter antics.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Hi docman,

 

I'm humbled you took the time to read my lengthy thread and really appreciate your comments. Yes, I've often felt NW's sols have dragged this out for as long as possible. I shall continue with this (along with my other Marbles case) as soon as I possibly can. Thanks again.

x:)x

 

 

 

texanbar & dizzyblonde, I've just read both your threads in full. IMO it appears the other sides solicitors are trying to pull the wool over the court's eyes in texanbar's case and the judge in dizzyblonde's case was looking for a quick way out of court today!

 

The Manchester cases (and please someone correct me if I am wrong here) are to determine whether the bank's etc can get away with 'reconstructing' documents in order to meet requests for documents under Ss77/78 of the Act. If they fail to do so, the claims management companies [CMCs] that are behind the cases in Manchester, and then proceed to get the credit card debt/loan quashed on the grounds that the credit agreement is unenforceable/does not exist. In short, the CMCs are trying to use the Act as a sword to fight the banks who are running scared.

 

Both texanbar and dizzyblonde are defending claims brought by the creditor banks. They have asked for copy agreements as part of the litigation and are using the Act as the shield that it was always intended to be by Parliament to defend themselves.

 

If the judgment in the Manchester cases wasn't expected tomorrow, I would suggest fighting the 'adjournments'. As it is, if the decision is as we have been led to expect, (and with the holiday season) I don't think there is a great deal lost. But if the case in Manchester does go against the banks, then IMO both these cases should be pursued with all vigour. Use the existing sections of the Act (Ss61, 65 & 127(3) if possible) together with the existing case law.

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Sorry guys,im still a little confused,hence the name (Dizzy Blonde):D

 

What does a stay actually mean in simple terms, does it suit Cohens more than me, ? or does it just simply mean no progress can be made until the stay is lifted ?or could cohens sneakily go for judgement without me being able to have a trial?

 

Any help much appreciated

 

DB

 

A stay is a suspension of a case or a suspension of a particular proceeding within a case by order of the court. In your case the reason the Judge would have ordered the 'stay' would probably be becaiuse they felt that a similar case was underway in a higher court.

 

Nobody can do anything sneaky and you will probably know before the stay is lifted who it benefits the most.

 

It would appear that it will be to your benefit at the moment so just keep following the threads.

 

Regards

 

Pedross

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Sorry guys,im still a little confused,hence the name (Dizzy Blonde):D

 

What does a stay actually mean in simple terms, does it suit Cohens more than me, ? or does it just simply mean no progress can be made until the stay is lifted ?or could cohens sneakily go for judgement without me being able to have a trial?

 

Any help much appreciated

 

DB

 

 

DB

 

A stay means that the action is frozen until such a date that the court sets. If there is no date (like here) it is up to one of the parties to make an application to the court to have the stay liftd or unfrozen.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Hope this puts an end to their "creative" Blue Peter antics.

 

Jud

Edited by Josie8

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If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

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not sure if I would be looking forward to an announcement ,... so in reality the consumer is Sr*wed??????/ so does that mean its pointless even starting legal proceedings ,.. and who as the power to scrape the entire 1974 CCA ,..its a complete set up and same we could not group together and get One test case in Europen Court of Human Rights ,.. so if agreement is wrong with brokers fee added to balance and subject to interest over 7 years is fine and I can do nothing , and a secret commission in place , which is classed as a type of bride, I can do nothing ,..then putting restricted and unrestricted credit together as one agreement no terms in place ,..and after paying 25k back over the years ,is it still ok to owe £44k,..loan was only £31k ,... and is it ok to add restricted credit to unrestricted credit to put loan over regulation limit ,.. how can the court expect respect when their are putting 2 fingers up to the consumer and bending the rules to suit ,.. and then remove the whole act which provides that protection ,.. The amount of people who will be stuck for challenging the agreements should protest and highlight what is going on and maybe a good time to put this across as the banks are always in the news lately ,.. and surely their dont expect the consumer to sit back and take it ,... or is this just wishful thinking and we have to take it? well look forward to other peoples views

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Judgment was formmally handed down this afternoon. Regrettably the creditors are to be allowed to reconstitute agreements

 

So in stark contrast to what Baggio was telling us? Who do we believe,i seem to remember you giving out the opposite advise to Baggio when the cases started aswell,im preety new to all this but have to question whos side you are on?

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i have not got a copy of the judgement, but i have spoken directly to a chambers that have got a copy... and the banks did not succeed in their attempts to get away with simply providing updated T&Cs in response to a sec 77/78.

 

the judgement will state they need to disclose a direct link to these T&Cs and the original agreement.... which we all know they will struggle to provide.

 

happy xmas :)

 

So 2 different outcomes to the same case,or am i missreading it?

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not sure if I would be looking forward to an announcement ,... so in reality the consumer is Sr*wed??????/ so does that mean its pointless even starting legal proceedings ,.. and who as the power to scrape the entire 1974 CCA ,..its a complete set up and same we could not group together and get One test case in Europen Court of Human Rights ,.. so if agreement is wrong with brokers fee added to balance and subject to interest over 7 years is fine and I can do nothing , and a secret commission in place , which is classed as a type of bride, I can do nothing ,..then putting restricted and unrestricted credit together as one agreement no terms in place ,..and after paying 25k back over the years ,is it still ok to owe £44k,..loan was only £31k ,... and is it ok to add restricted credit to unrestricted credit to put loan over regulation limit ,.. how can the court expect respect when their are putting 2 fingers up to the consumer and bending the rules to suit ,.. and then remove the whole act which provides that protection ,.. The amount of people who will be stuck for challenging the agreements should protest and highlight what is going on and maybe a good time to put this across as the banks are always in the news lately ,.. and surely their dont expect the consumer to sit back and take it ,... or is this just wishful thinking and we have to take it? well look forward to other peoples views

 

Unfortunately the british way seems to be to lie down and take anything thrown at us without the balls to do anything about it.

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morning all , so which is correct??????? had a terrible sleep after reading above , and can honestly say do not look forward to announcement in anyway shape or form if against consumers ,.. again who would have the power to do this , scrape entire 1974 CCA , would it not be for parliment to decide? and would it not be in news , as this is a big announcement involving £££billion's ,.. a sad day if true ,... hopefully Baggio is correct and wecan continue to enjoy xmas ,..

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The case Carey v Hsbc was mainly over what a creditor needs to do in order to comply with s. 78 request. They are to be allowed to reconstitute agreements. This is also in accordance with the OFT draft guidance which was introduced into evidence. They do not have to provide a photocopy of the application at all.

 

In addition prescribed terms can be overleaf or referred to as attached for agreements pre 2005. This will be a matter of evidence individual to each case

 

I am sorry if this is not what you want to hear. I would confirm that I am not linked to any CMC company

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Unfortunately the british way seems to be to lie down and take anything thrown at us without the balls to do anything about it.

 

Then a group action should take place , I for one would donate if anyone was to challenge this in Human rights courts , as we sure still have some rights ,... xmas lights are off

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What a Joke - The law is a ass!

 

The Judges are a Joke

The creditors are all going to give us all a dreadful time now,The Banks all get big bonuses then to top it all they can reconstitute what they like by faking agreements and whatever else they would feel they can.

 

HOW DISGRACEFUL AND UNLAWFUL.

 

YEP - WELCOME 2010.

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The case Carey v Hsbc was mainly over what a creditor needs to do in order to comply with s. 78 request. They are to be allowed to reconstitute agreements. This is also in accordance with the OFT draft guidance which was introduced into evidence. They do not have to provide a photocopy of the application at all.

In addition prescribed terms can be overleaf or referred to as attached for agreements pre 2005. This will be a matter of evidence individual to each case

 

I am sorry if this is not what you want to hear. I would confirm that I am not linked to any CMC company

 

Its always been the case that the prescribed terms need to be in the signature document which would cover both "overleaf" and "attached" in my opinion. But it does mean that any agreements that dont have the prescribed terms and just state refer to t&c supplied separately etc wont now comply in court so the quick reply applications should all now be deemed unenforceable?

 

Oh and just to say I'd be amazed if any of the test cases being heard at present go the consumers way... the tide has well and truly turned towards the bank, they may have been complicit in the irresponsible lending but they are to big to fail, the consumers can fall by the way side it appears :-(

 

S.

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Looking on with interest.

 

I attended the hearing on one of the days and the consensus of most people present was that the arguments put forward by the bank were poor. So i'm suprised to read that the judge is ruling in their favour.

 

If judgment has already been passed down is it possible for anyone to put it up on here?

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Abc

Edited by Josie8

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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