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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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RBS credit card claim won now new claim after sale by OC


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Really sorry to hear that Hammy,

 

I hope you don't mind asking a quick question it is pertinent.

 

I had a case discontinued ( I filed a defence) , the DCA who claimed have now sold the account back to the OC. Firstly I have never received a NOA, secondly the OC has now filed a Claim.

 

What should I do first do i need to write to the court asking if they requested permission, or does that go in my defence?

 

Thanks

 

Pumpytums

 

Hi Sorry for butting in/.

Did you recieve a notice when the debt was transefered to the dca in the first instance?

 

Was it assigned or did they get it wrong and had to own up when you filed your defence.

If this is the case then who sent the DN they are now relying on, because if it was the DCA it would have course be invalid.

Just a thought may not be applicable

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi Peter,

the account was transferred to the DCA( I received a NOA from them), they terminated and demanded the full balance I wrote to them asking where the DN was their answer was to file a Claim. In my defence I asked for all the documents they relied upon, once in court they requested a summary judgement the judge said no not until you have produced all the documents you case is based on. They discontinued due to economic considerations not the fact that a no DN was every issued.

 

The OC has now issued a DN and a claim, however the OC has never issued a NOA.

 

Pumpytums

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Have you done CPR with the OC? Who’s involved and is there a separate thread? Sounds like a Santander job...

 

 

I hope you don't mind hammy

 

link to my thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?236115-Pumpytums-goes-to-Northampton-Help-Please!

 

One last thing does the CPR go to the Claimant or their solicitor I always get confused on this?

 

Last page is the current state of play, this will be small claims. Very astute by the way donkey.

 

Thanks

 

Pumpytums

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Pumpy, As I was advised, put it in your defence and also make an application to strike out their claim there's no harm.

 

Thanks guys for your comfort and words of wisdom, I have found a direct access barrister who helps and gives guidance kindly mentioned to me. I am awaiting a reply but time is running out.

 

I might just forget the appeal and put this to bed, no response to my instalment variation as yet.

 

I have come to the conclusion that it is not the end of the world but me thinks they are planning another claim for my overdraft - so maybe the hassle isnt over yet, that will be good the original balance was £1.76 now £2000 hilarious all charges. I will cross that bridge when I come to it.

 

HH

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me thinks they are planning another claim for my overdraft - so maybe the hassle isnt over yet, that will be good the original balance was £1.76 now £2000 hilarious all charges. I will cross that bridge when I come to it.

 

HH

 

If this is the case I would be inclined to put in a complaint to the bank in question that the charges are unfair and disproportionate to the original debt. If it has caused you particular hardship explain why. If you don't get a satisfactory outcome, escalate it to the FOS.

 

If you do this, and they do indeed put in another claim you will be able to prove that you have not ignored the matter and actively tried to resolve the situation prior to any action. If it gets to FOS, even if it takes a while for them to investigate you'll be able to prove that the account is in dispute.

 

IMHO, the best way to avoid court action is to be pro-active.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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On looking back at my posts I realise the one thing I should never have done was to sign the consent order. At the time I thought oh they have decided to discontinue. If I had not signed the action would have proceeded to trial and thereby the claimants would have had their claim struck out due to the failure of service of a DN.

 

A lesson to us all, dont sign a consent order, get them to formally discontinue which is what I should have done!!

 

HH

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The barrister has now been in touch with a very long and descriptive advice. He has not seen my documents as yet but going by my email he said that if I actually appealed on the defective DN the claimants could come back again with a fresh DN and start the process again!!!!

 

He also said that I should have endorsed the consent order saying "this consent is in full and final in respect of any liabilities to the bank". I must confess my lack of legal knowledge shone through here and I did not think at the time I would need to do this.

 

My appeal is going to cost approximately £3000. Unfortunately money I do not possess so I will have a think over the next few weeks.

 

My biggest regret in my life was signing that bloody consent order!!

 

HH

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Nope all monies up front which gives me probably 2/3 days to find the money before he will entertain a conference so that probably answers my question about a possible appeal. He did say if I win I would get the costs back but it is no comfort to try and find the money in the first place.

 

HH

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  • 2 weeks later...

As per a previous thread I had judgement was awarded against me forthwith. I immediately applied for variation.

 

I gets a letter this morning replying to my application saying they wont accept my instalments and that I should pay an extortionate amount per month or payment in full by 2016. BTW this is a very high debt. They say it will take 50 years to pay it off so therefore they want it all paid off by 2016.

 

One I haven't got £600 per month spare.

 

What do Caggers think a judge may do. Will he award this. If he does it means I cannot pay anything else like my mortgage. Now I am going hairless thinking about it. I put everything down which I pay each month and am left with buttons I offered £40 per month.

 

Where the hell do I think I can get that amount of money.

 

BTW in their letter and application refusing my instalments it says either I pay nearly £600 per month in full by 2016 - there are no other options - is it right that they can dictate what I pay

 

Some advice would be greatly appreciated.

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Hi Sillygirl, thanks for replying

 

Here is my previous thread long and laborious. I did ask a direct access barrister about appealing but again it all amounts to money. He said there would be a possible appeal but I would have to find a couple of thousand for it. It is RBS by the way.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?276677-Reissue-of-court-proceedings&highlight=

 

I am seriously hoping a judge would look at my income and expenditure and see I just could not afford this. It is nearly my month's salary!!!

 

HH

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Presume you do not own a home or any other assets?

 

Complete a detailed I&E based on Court guidelines - there is I and E advice on CAG or contact/look at National Debtline who have a fact sheet on this.

 

A court should never agree to more than you can reasonably afford

Please support CAG and they will support you.

donate

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Yes I jointly own my property but it will take a few years to get back into negative equity and Lloyds stuck a restriction on recently although they are aware if we sold in the next few years they wouldn't get any proceeds.

 

The thought of this is terrifying me. What their rejection application says.

 

We will accept £nearly 600 per month or full payment by 2016.

 

Coledog the court is already aware of my I & E as that is what you say set in your application to vary.

 

If the court awards it, I will not be able to pay my mortgage or utility bills.

 

I know it will take nearly 50 years to pay this off and I will be long gone but that is what I can reasonably afford.

 

Will there be a hearing or is it just automatic that the court will draft an order based on what they require.

 

As I said before the amount they require is nearly all my salary!!

 

HH

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Yes I jointly own my property but it will take a few years to get back into negative equity and Lloyds stuck a restriction on recently although they are aware if we sold in the next few years they wouldn't get any proceeds.

 

The thought of this is terrifying me. What their rejection application says.

 

We will accept £nearly 600 per month or full payment by 2016.

 

Coledog the court is already aware of my I & E as that is what you say set in your application to vary.

 

If the court awards it, I will not be able to pay my mortgage or utility bills.

 

I know it will take nearly 50 years to pay this off and I will be long gone but that is what I can reasonably afford.

 

Will there be a hearing or is it just automatic that the court will draft an order based on what they require.

 

As I said before the amount they require is nearly all my salary!!

 

HH

 

 

It depends on what you ask for in your application. You can pay £40 and not have a hearing and the Order is made on the papers or £80 to have a hearing.

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So I have to make another application again costing more money. This could go on and on, me making application for redetermination, Claimant refusing my payment and court ordering me to pay more than I can afford.

 

Surely a Judge will see from my previous application that paying nearly £600 would mean not paying my mortgage and utility bills or do they just look at the Claimant's reply and say that's what we shall set it at.

 

HH

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If you go ahead it is likely you will be ordered to pay a lot less than the £600 a month they are asking, they are taking outrageous liberties with this. Are you on any benefits as you can claim relief from court costs for this.

 

The online help legal services where you pay to ask questions are very often flawed in their responses - I know because somebody I helped win a case went to one of those first and was told 'not a hope in the world' that they would win....

 

On affordability alone you have solid grounds for a complaint and an N244 (think it is that) variation if they have actually got this order.

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