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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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Help wanted.Restons / CCJ


ianjen
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Thanks so much - yes if anyone is will to come along that would be great - really can't thank everyone for their support.

 

Court case will be held at Chester the home town of the MBNA!!!

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Ah...Yes-this is the Court which actually referred the CCA cases (or a selection of them ) to Manchester.

 

So we can be CERTAIN its not something they are in the dark on.

We have had a few bad results from there-there was rumours that MBNA are a big employer and of course Chester is also home to those other sinister outfits like AK.

But dont let that put you off-it has certainly not put us off.

Good preparation and a will and determination to fight are a must.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I will post out a shout for a Court Buddy for you.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi ianjen, northampton must have accepted your payment proposals after looking at your income / expenditure section section of the origonal court papers or come to the decision themselves after seeing same paperwork therefore has anything changed to bring on the redtermination ? . What is shown on the paperwork asking for a redetermination ( length of time etc), the answers to these questions may help you build up a defence against redetermination if you were to accept origonal judgement.

sleepingdog

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It is a Notice of Transfer of Proceedings and states the following:

 

To all parties

 

This claim has been transferred to the Chester County Chourt for that court to deal with the claimant's application for redetermination.

 

That court will send you and the other parties notice of the time, date and place of hearing.

 

It is issued by Northampton CC

 

Nothing has changed from the original paperwork sent. The CCCS ran through our expenditure and updated it and sent us a copy to send with the initial Court Application

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Hi ianjen, As I don't know the figures involved I guess that the payments that you were making to the DMP concerning the MNBA account would have meant that the length of time to fully repay would have taken 10s of years. If I am right then I am guessing that they want payment sooner by either a increase of payments or a charge on your home. If you are not fighting the origonal judgement then you need to be looking at why the payments should remain the same and also why the judgement should not be changed to forthwith.If you look into charging orders on this site it outlines what sort of objections to use , and if you look at threads on charging orders again you can get a lot of info on fighting the change of judgement to forthwith. If however you are thinking of fighting the origonal judgement then you will need to tackle this differently and therefore you need to look into either option and decide which way to proceed allowing posters to help you rather than possibly confuse you.

sleepingdog

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Hi we have just recieved the notice for our redetermination hearing 30/3/2010 @1045am

Now we need to work a defence but am still not sure which way to go

any help/advice welcome

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Hi just spent a couple of hours reading threads and come to the conclusion that what restons/mbna are really after is a charging order, if the judge turns this to a forthwith then they will get what they want.

Is there any mileage in the fact that the DNs were possibly incorrect so therefore the original ccj is invalid

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Hi ianjen, just because MBNA want the judgement changed to forthwith to allow them to go for a charging order does not mean that the judge will change it. You need to show how it affects other creditors ( are other debts higher than the MNBA largest debt) , that you have tried to deal with your debts (DMP) ,that you have been making regular payments to them that reflects your financial situation , is debt yours but house in both your names, do you have any positive equity in house etc.Even if they do get order changed to forthwith you can still fight charging order.

sleepingdog

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Hi just spent a couple of hours reading threads and come to the conclusion that what restons/mbna are really after is a charging order, if the judge turns this to a forthwith then they will get what they want.

Is there any mileage in the fact that the DNs were possibly incorrect so therefore the original ccj is invalid

 

 

You could mention about the DN's at a Redetermination hearing but you may very well irritate a Judge, who will just tell you you should have applied for a Set Aside of the CCJ and then you could bring the defective DN's into play.

 

A Redetermination hearing is just that; a look at an application to redetermine the terms of the CCJ repayment.

I see sleepingdog has provided some excellent advice on this.

 

Have you given any thought about applying for a Set Aside seeing as you were incorrectly advised by CCCS ?

 

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Hi Ianjen sorry to read of the troubles you are experiencing with this duo, have noticed another thread going through a similar situation to you at present & hope you will gather some information from it to help you.

http://www.consumeractiongroup.co.uk/forum/legal-issues/241308-redetermination-hearing-advice-pls.html

 

I hope you find it useful and wish you every success in getting this sorted soon.

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Hi Ianjen,

 

The link in the previous post is to my original thread.

So sorry to hear you are going through the same. We were also incorrectly advised by the CCCS and now we are fighting a CO on our home, or rather I am as it's my husband's cc debt.

Anyway, I have just started a new thread called Fighting CO MBNA/Restons so that has all the updated info.

 

In our redtermination hearing we had an awful judge who wasnt bothered that MBNA didnt turn up, wasnt interested that my husband had been paying the monthly instalments as set by northampton since Aug 2009.

:(

He then ordered Judgement Forthwith which of course we couldnt pay and now I am objection to this CO.

The default notice was also invalid.

MBNA have also faffed about for many months when we treid to find out about unfair charges etc, but none of this seemed to matter :(

They have 9 days left to respond to the SAR.

 

When we get back to court when the CO is made final this is when I need to object so this is my task now, get as much info as possible in my objection so that the final CO isnt made. I worry most about a forced sale.

It is his debt and he will pay it minus unfair charges hopefully.

Our circumstances are slowly improving and all our creditors are now getting increased payments but not MBNA/RESTONSas they didnt want to be part of our DMP in the first place and went straight for the CCJ.

Sigh.

 

I have everything crossed for you for your redetermination. I will subscribe to this to see how you go and lend an ear, I know exactly what it's like, it's been avery rough time for us and pressured learning all the legal jargon etc :(

 

Good luck, have a read of my new thread about fighting the CO. Hopefully we can support each other through this difficult time.

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Hi Northstar, thank you for your support :) Our situation is very similar, this too is my husbands debt (but we are fighting together)

 

We are waiting for the subject access request from the MBNA but have not heard a peep out of them since we requested it over a week ago, but I suppose they have a few weeks to go yet.

 

However, we also applied to Restons (and the MBNA) for the CCA - Restons sent it back with the £1 postal order and saying the following:

 

Please find enclosed a DRAFT LETTER which purports to come from you but which is unsigned

You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it.

Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response.

 

I also spoke with a guy from the CCCS about CO and the retermination hearing which is actually on the 30th and not the 31st as I said!!! They informed me to defend the payments the CCCS by stating that nothing has changed since Northampton CC so why did MBNA/Restons want a redetermination if that is all we can offer - he also stated to treat the CO like a secured loan on your property and not to worry about it!! Easy to say when it is not you that could end up with a CO!:(

 

I will check out your new thread and yes lets hope we can support each other - Jen

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Hi ianjen, one of my creditors tried to get a order changed to forthwith to allow a CO but I was able to fight it off , they have since stated that their client has a policy of keep applying to get a CO . Also one of my workmates had a CCJ ordered as forthwith with the view to the creditor getting a CO yet they were also able to get a redermination allowing the debt to be paid in instalments therefore stopping the CO so be positive .The fact that Restons are being unhelpful in regard to the CCA will have no relevence on the redermination ,and even if there was no agreement again it would not influence the redermination ,you would need to apply to have the CCJ set aside. On another note the CCCS advised me in my case that the creditors were entitled to apply for a CO and that they were likely to get it, luckily for me that wasn't the case and I must admit I was concerned at the advice I was given by the CCCS.

sleepingdog

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