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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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Cca Recieved After 18 Months !!


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Hi There,

 

Just a quick one!! I sent 1st Credit a CCA request back in Sep 2008 and they have just sent it to me today, 18 months on.

 

It is the true copy of it and is signed and dated June 2005. In my CCA request to them i advised of the time limits (12+2 days and 30 days) to respond otherwise they must remove it from my files as unsubstantiated.

 

The letter that came with my CCA advised they now see this as enforceable. Is this correct after so long or is there something i can do ??

 

All advice will be appreciated !!

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Hi There,

 

Just a quick one!! I sent 1st Credit a CCA request back in Sep 2008 and they have just sent it to me today, 18 months on.

 

It is the true copy of it and is signed and dated June 2005. In my CCA request to them i advised of the time limits (12+2 days and 30 days) to respond otherwise they must remove it from my files as unsubstantiated.

 

The letter that came with my CCA advised they now see this as enforceable. Is this correct after so long or is there something i can do ??

 

All advice will be appreciated !!

did you ever put the account in despute ????? after the 12+2 days for the cca exspired.
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Would it be possible for you to scan the documents received (after first removing all identifying details, including any barcodes).

 

June 2005 is within the dates that can be queried. Can you tell us who the original Creditor is.

 

 

Yes i'll try and get the documents scanned onto here so you can have a look.

 

The original creditor was HFC Bank.

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did you ever put the account in despute ????? after the 12+2 days for the cca exspired.

 

I wrote to 1st Credit on 17th Oct, 2008 to tell them the time had expired on my CCA request so nothing will be paid etc and the account was in dispute.

 

They wrote back 4th Nov 2008 saying they understand the 12 days have expired and that they cannot enforce it until the agreement arrives. They also said as a month has expired a offence may have been committed. However if it has this does not affect the rights and duties between us and "The Act" provides defences to any offence which they believe would apply.

 

Its all quite confusing to someone who doesn't usually deal with these people !!

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if the agreement is valid then they can enforce- even after all this time - as soon as they comply with s789 their breach ends-

 

however they MUST send you the terms and conditions as applicable at the time you entered the agreement

AND

 

copies of any terms and conditions as varied

 

AND

 

a signed statement of account

 

AND

 

it must all be "easily legible" o

 

 

otherwise they remain in default of s78

 

however, when they first were in default of your request 18 months ago they MAY have committed an offence

 

not sure when the date for removal of the offence came into force

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Images too small, could you please re-post larger.

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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Maroondevo52.............yet another case of OCs and DCAs having all the time in the world to produce documents,there is something wrong in law they have 12+2 days to comply before going into default and yet they have unlimited time to get out of the default,in this thread 18 months in my own case 13 months and still no signed agreement.There has got to be a time limit do you not think>>>>>>>>>>>>Firstship,,,,,,,,,,,,,,,,

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clairebear11....................before you re -scan your documents delete out your personal details,ie name, address, signature, account number,even though your first attempt is to small i can just about make out your signature etc....FS

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Clairebear, I've unapproved your attatchments, you left your name on the first one. Could you Blank it out and re-post please.

 

Thanks.

 

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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They wrote back 4th Nov 2008 saying they understand the 12 days have expired and that they cannot enforce it until the agreement arrives. They also said as a month has expired a offence may have been committed. However if it has this does not affect the rights and duties between us and "The Act" provides defences to any offence which they believe would apply.

 

 

I just can't believe they disregarded the amount of time they had and took 18 months to produce it. The above that i got in a letter from them about 16 months ago just goes to show there arrogance ! :mad:

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No, it's the opinion of someone who knows nothing about why the original poster has asked the question, nor what their situation is.

 

A look at your other posts makes me query what you are doing on CAG, because it isn't to help people.

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DonkeyB, grow up. Going on every post I've made and spamming 'troll' isn't going to help the OP. They will need to come to some form of arrangement to pay off the debt at a rate they can afford.

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i dont think you are a troll, however you have posted only 10 times on the forum and whilst i am all in favour of people playing devils advocate (for they will face worse in court)- every single one of your posts seems to be a negative put down!!

 

if you want folk to respect your opinion and not consider you to be a troll- you could do worse than to actually encourage and debate matters a little more to build a reputation rather than make negative "pronouncements" all the time.

 

As far as your comments are concerned

 

there are no morals held by the lenders- they will happily rack up interest rates whilst base rates fall to almost zero and when debtors get into difficulties they will all too readily "fall back on" the terms and conditions of their agreements and insist that they are complied with

 

those who live by the sword must also expect to die by the sword

 

it therefore matters not one jot what decisions the debtor should morally take- if the terms and conditions (or lack of) or the creditors behaviour be such that they are in contravention of the regulations then tough titty

 

To quote many a lender " you agreed to be bound by the terms and conditions when you signed the agreement"

 

the answer to which is all too often not thrown back at them..............and which is........

 

 

So did you matey!!

Edited by diddydicky
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its not harsh to me- i am just pointing out that as a "newbie " you must understand that folk will be veryt wary of you due to your comments and the number of previous posters who have started out on the same tack

 

i hope you stick around if you have something to offer

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To quote many a lender " you agreed to be bound by the terms and conditions when you signed the agreement"

 

the answer to which is all too often not thrown back at them..............and which is........

 

 

So did you matey!!

 

Yeah....but now the lender has provided the agreement the debtor will need to arrange repayments, they can only pay what they've got though.

 

OP should send an offer in writing. I don't know if it would be wise to wait any more, now they've got the agreement they might be taken to court with it.

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