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    • 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 the 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. So if you subtract the time you took to drive from the entrance. look for a parking place and park in it perhaps having to manoeuvre a couple of times to fit within the lines and then unload the children followed by reloading the children getting seat belts on etc before 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.
    • New version after LFI's superb analysis of the contract. Sorry, but you need to redo the numbering of the paras and of the exhibits in the right order after all the damage I've caused! Defendant's WS - version 4.pdf
    • Hi  no nothing yet. Hope it stays that way 😬
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      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.  

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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.

      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.

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      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
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Welcome moved the goalposts


slimblondeuk
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Thanks

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Hi wondered if you could help, I got a car from welcome in March this year, in July this year I lost my job and could not afford to pay them the full amount of 227.12, after a few months of struggling to pay I rang them, they couldn't have been nicer and said I could just pay what I could afford. Sometimes I paid £20 a month sometimes up to £50 a month, always a 'field' visit, and also by somebody different everytime as people kept leaving the company. I last spoke to my 'current' account manager in december when I paid by debit card as I had for the last 3 months, she said she would speak to me in January to get another payment from me, she also gently reminded me that I was in arrears, and I said that i understood but i didnt have a job yet and hopefully things would get back to normal. I never had any letters or anything. Then on Monday 4th Jan 2010 I got a 'Without Prejudice' default notice saying that if i didnt pay 900 odd quid in the next 14 days they would take th car from me. I rang and spoke to the 'branch manager' and said how could they all of a sudden move the goalposts, I hadn't defaulted as I had a payment plan which they had agreed to, he just kept reverting back to the original agreement. I couldn't reason with him, he contradicted himself and didnt know what he was talking about. What can I do? I have 3 kids, and an opportunity of a job that requires a car. PLEASE HELP!

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Hello and Welcome, slimblondeuk.

 

I'll move your thread to the Welcome Finance Forum.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi Slim do you have a copy of your agreement? If you do scan it in and use photobucket to post a link to her here lets have a look at the agreement make sure you delete all personal information but leave the figures in there :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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hi thank you to everybody that replied to my post, just knowing i have people trying to help me makes me feel a lot better. I shall photobucket my agreement, also in response to ozzywizard, it doesn't give a numerical date just says, and i quote: 'fourteen (14) days'.

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Hello slimblondeuk. Do not worry yourself about that Default Notice. Is it the first you`ve had the pleasure of receiving?

 

There being no numerical date is important. That alone makes it toilet paper.;)

 

Why would they send a DN that they do not intend/ are unable to use in a court of Law? With Out Prejudice means just that. :D

 

Cheers, MARK

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Hi Slimblonde,

 

What I have done.....and it seems to work (more by trial and error LOL) is go back to your album page and then copy and paste the link bar from the top into your thread.

 

Hope this makes sense.....I'm a bit computer illiterate.

 

Dawn

xxxx

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Seems Ive Totalled Another Agreement Today

Option Fee

Whats That

Normally Its An Option To Purchase The Car But Its Normally About Fifty Quid

 

Now Ime Going To Give You The Good News

 

You Are Paying Interest On It

Thats A No No As Its A Charge For Credit

 

That £1 Has Just Made The AgreemenT Crap

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The Option Fee Is An Option To Purchase

 

Thats A Final Payment That Goes With Your Last Instalment.

But It Has Been Included In The Charge For Credit, Being Its Having Interest Charged Against It.

This Option Fee Is A Charge For Credit So No Interest Is Allowed To Be Charged Against It.

 

Thats A No No

 

A Quid Does Not Sound Much But Its A Healthy Sum For Welcome Over The Term Of The Loan At There Apr

 

Well Done

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just a thought, the option fee may be included on the agreement, but the amount actually credit to the account at the start maybe different by the £1.

 

Check the amount at start on a statement and see if there is a difference to the agreement. This is what happened on mine. not sure if this makes a difference or not!

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I see the total amount payable is quoted as £11,152.78, whereas the 48 payments x £227.12 = £10901.76...looks like they have added the deposit in to the t.a.p as well, like on the agreement on MICHFERGIEs thread:

 

http://www.consumeractiongroup.co.uk/forum/welcome-finance/230291-welscum-3.html

 

Also, its strange they havent stitched you up with an Acceptance Fee...they usually do :confused:

 

...shame for them about the Option Fee though :D

Edited by djwigster
typo
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