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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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No Electric/Gas Bills for 2 years...until now!


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Hi all,

 

I moved into my house almost 2 years ago and sent the new customer with meter reading forms off but never heard anything. I contacted e.on 3 months later to tell them I still hadn't received a welcome pack or a bill and never got anything back from them.

 

Yesterday, I received a HUGE electric bill that I'd been waiting for to cover all the time since I moved in. I know that the billing code states that they cannot charge for more that 1 year if they are at fault so I looked for the proof that I contacted them but couldn't find it!!

 

I registered for an online account based on the info in the bill and saw that they have actually been taking meter readings since I moved in but just not billing me so I took screenshots of it all and plan to write to them.

 

Is there a template somewhere on this site that I can follow? I tried to look for one but didn't find anything.

 

And also, do you think I have a case using these screenshots as proof that they were taking meter readings (as they are tied to my user account).

 

I'm just waiting for the gas one to fall through the letter box now!!

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I was in the same boat as you. Despite phone calls and letters I did not receive an electric bill for 9 years. The meter was read every 3 months. When I did receive a bill it was for the last 12 months and they were asking for £800. I rang and they agreed to spread the cost over the next 12 months.

 

There is not a template for this. I am surprised that they are asking for two years worth. Just write stating that they have failed to send you a bill and therefore the code of billing states that they can only charge for the last 12 months. Either ask them for a revised bill using correct meter readings or make an offer you think reasonable for a years electric usage and say you will pay this over the next 12 months

Edited by wino
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  • 2 weeks later...

Nottslad

 

Was it a new build property? If so proof will be needed that you contacted eon to request the account set up.

 

As you know I have been very interested in this for a long time. Can you tell me the legal basis for asserting that it is up to the occupier to contact a utility otherwise the Billing Code does not apply ?. Of course as you work /have worked for a utility you can tell us what their policy is but that is not very consistemt with the code. In practice the utilities almost invariably say that the code does not apply so maybe you are stating what they would have customers (and their staff!) believe rather than the true position. The utility knows that they are supplyimg the meter so why have they not billed the occupier?

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I don't know the law behind it, I just know the requirements of the regulators. There is a clause in the billing code that if a customer has deliberately avoided receiving a bill i.e. by not providing information then the code does not apply.

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I don't think there is a law behind the billing code as such, just an agreement between ofgem & the suppliers. I disagree with a couple of you comments pelham. Suppliers do not invariably say the code does not apply. After all, the code in practice, is applied by the people who do the bills. By & large, they have no vested interest in refusing or allowing the code. There are many cases where they cannot apply the code because an account just doesn't qualify when they actually feel it should & others where it is applied through gritted teeth when the person doing the bill knows the supplier has been "had".

Sometimes, especially ombudsman cases, suppliers are asked to amend an account in the "spirit" of the billing code, even though it doesn't actually apply.

The rules are actually quite clear. Sometimes they work in favour of people who don't deserve it & sometimes against those who do.

I also disagree with your comments about occupiers contacting the supplier. I believe there is an onus on people who move onto a property letting the supplier know. We all have to pay for the gas & electricity we use, we know that & I don't think inertia is an excuse. Of coure, sometimes there will be mistakes, but you seem to see something sinister behind them all & that just isn't the case.

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  • 4 weeks later...

Daveshug

 

It would be unusual for a large bill not to be sent. I have no evidence that the utilities apply the billing code in the first bill they send. If the customer invokes the billing code 'almost invariably' the first reply is to deny that the code applies - prove to us that you ramg us etc. They do not apply the spirit of the code.

 

The problem with deemed contracts is that many people do not know about them and do not realise that when they move to a new property it is wise to ring the supplier (just to give a start reading) if indeed they know who the supplier is. Deemed contracts do not make it obligatory to contact the utility who can lawfully bill 'the occupier'.

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Is it not common sense then, that if you are using a service provided by a company that you contact them?

 

When you move to a property, you contact the council to register for electoral services and council tax, you don't wait for them to contact you! And whilst there are flaws in the system, a deemed contract needs to exist, the supply to a property will not be disconnected when someone moves out and then reconnected when someone else moves in and signs a contract, it wouldn't be logistically possible or cost effective in the least, and what about for any supply used by agents/landlords etc - who would bill them?

 

And of course if you had to have a written contract with a supplier, if there was a supply existing then what would there be to stop someone using the supply and not signing a contract therefore making any collections activity unenforceable and thus providing free gas and electricity - whose cost would this be at?!

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Special K,

 

Just a quick question the answer to which may change some of the advice given to you here........

 

You say you have applied for an online account based on the information in the bill sent to you and that it shows they have been reading your meter every 3 months but not sending you a bill.

 

When you look at the online account when does it show as the start date for you being the account holder - is it when you opened the online account or does it go back the 2 years to when you moved in and sent off the new occupant form with the meter readings?

 

If the online account shows you as being the account holder for the last 2 years - from when you moved in and sent them the form - surely that is enough proof needed that the billing code would apply and not a case of you trying to avoid admitting liability for the property?

 

Also, have there been any bills during the 2 years addressed to either the previous occupant or addressed to 'the occupier' (or similar).

 

I have to admit that I won't be able to give any advice but the answers to these 2 questions may assist those who are answering as it appears at the moment that advice isn't necessarily being offered based on the information you have provided.

 

Feebee_71

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