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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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Warning: Kitchenware Scam Uk


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Just got conned tonight so pass this round. Dutch guy came round to the door saying that he had been exhibiting at the Ideal Homes Exhibition in Glasgow (not till October but I didn't know that at the time) and had some "Waltmann und sohn" sets of cutlery, chef's knives and pots and pans for sale at 85% discount because he "couldn't take them back with him on the boat". They look like fantastic quality, but there was something about him that I wasn't convinced about. Of course I listened to him and was conned into buying a set of chef's knives for £80 which he told me retailed for £595 (should have smelled a rat). He asked me to write the cheque out to his personal account "C Brennan", which again I thought was dodgey but I figured maybe he was conning the company he worked for or something (more fool me). He had a business card but now I look at it, it just has a UK mobile number and his first name only "Peter".

It was just nagging in the back of my mind because after he left I thought - if you can't get these knives home on the boat how did you get them here in the first place?? So I looked up the internet and I found the same set of knives retailing in Amazon for £23.50. I felt sick. Then I called RBS and they cancelled the cheque for me by direct banking. They've put it through as a lost cheque so I'm not even going to be charged for it. What stars! So even though they shafted their shareholders, I would like to kiss RBS tonight ;-))

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Then I called RBS and they cancelled the cheque for me by direct banking. They've put it through as a lost cheque so I'm not even going to be charged for it. What stars! So even though they shafted their shareholders, I would like to kiss RBS tonight ;-))

 

 

Don't rejoice just yet. You might get a letter from someone at the bank saying, in a chuffed manner, 'I saved the day, I found your lost cheque and put it through for you'. :)

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Don't rejoice just yet. You might get a letter from someone at the bank saying, in a chuffed manner, 'I saved the day, I found your lost cheque and put it through for you'. :)

 

Confirm your cancellation in writing & take it to the nearest branch

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Can you legally do that?

 

I mean can you legally cancel a cheque that you issued when you agreed to buy something, and also keep the goods???

 

Mossy

 

No he/she should tell the guy to collect their knives giving them perhaps 7 days after which they will dispose of them;)

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No he/she should tell the guy to collect their knives giving them perhaps 7 days after which they will dispose of them;)

 

I'm still not convinced it's legal to cancel a cheque for something which you have agreed to purchase and had the goods for.

 

I thought the correct legal process was that you had to request a refund from the seller???????????????

 

Mossy

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I imagine that the seller may have a cause of action for breach of contract. Then again, the buyer has a cause of action because the goods were not as described (they are not worth £595); in addition the seller's actions might amount to fraud.

 

It will be interesting to see if the cloggie reappears to complain about the stopped cheque, in which case the knives could be returned - or the police called. I suspect he will realise that his scheme has been rumbled, and that will be that.

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Surely in a private sale, which is what this was, it's a case of buyer beware.

 

The seller offered for sale a set of knives and asked for £x, negotiation took place and a price was agreed £y. The seller agrees to sell at price £y, the buyer agrees to buy at £y, money and goods are exchanged. Buyer and seller are both happy.

 

Sometime later the buyer discovers that the knives are available cheaper and cancels the cheque, without informing the seller or returning the goods.

 

Notwithstanding what was said, or might have been said (we don't know that because we were not there), the facts seem pretty straight forward to me.

 

Could I go into Asda buy a TV take it home, and then see the same TV on sale at Tesco where it was £100 cheaper and cancel my payment to Asda?

 

I think not

 

Mossy

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Surely in a private sale, which is what this was, it's a case of buyer beware.

 

The seller offered for sale a set of knives and asked for £x, negotiation took place and a price was agreed £y. The seller agrees to sell at price £y, the buyer agrees to buy at £y, money and goods are exchanged. Buyer and seller are both happy.

 

Sometime later the buyer discovers that the knives are available cheaper and cancels the cheque, without informing the seller or returning the goods.

 

Notwithstanding what was said, or might have been said (we don't know that because we were not there), the facts seem pretty straight forward to me.

 

Could I go into Asda buy a TV take it home, and then see the same TV on sale at Tesco where it was £100 cheaper and cancel my payment to Asda?

 

I think not

 

Mossy

 

err no the seller deceived the buyer by claiming they are worth many hundreds of pounds rather than the now proven tens of pounds. Also he approached the buyer in his home the buyer did not actively seek the so called bargain therefore the CE argument is greatly weakened if not extinguished

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I think you're right - what you have said below is almost word-for-word what my friend, our local policeman, said. If he shows up for his knives he is more than welcome to them and I have been instructed to call the local police. Have told as many people as I can think of so that they don't get caught out with this one.

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I am more than happy to return his knives to him if he shows up again. I am also happy to show him where he can put them, and to let him know that our local bobby would very much like a word with him. Not quite the same as buying from ASDA, since he gave me no receipt so he has no proof of sale - just a dud cheque made out to his personal account. What does concern me is that he has my account number, sort code and signature on the cheque so could set a direct debit mandate to a bogus company. RBS assure me he can't, as they would require further security information, but watch this space (as I keep a close eye on internet banking)...

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Surely in a private sale, which is what this was, it's a case of buyer beware.

 

.............

 

Could I go into Asda buy a TV take it home, and then see the same TV on sale at Tesco where it was £100 cheaper and cancel my payment to Asda?

 

How should one expect to negotiate a private sale at Asda?

 

:lol:

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Aren't you entitled to a cooling off period if someone cold calls? Not sure of the details or if it only applies to signing agreements but something in the back of my mind is saying you can cancel if you didn't make an appointment for the salesman to come to your home. This sounds like a one off con artist rather than a 'salesman' but the same rules would surely apply.

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The relevant legislation is The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008.

 

In order to cancel, a notice must be served on the trader or another person specified. Surmising then that the trader left no particular address to which to send a notice, I am surprised (to say the least) to see it supposed that it is wrong to cancel a cheque instead, as if the inference of cancelling a cheque would be insufficiently obvious to such a seller.

 

Regulation 13. is especially worth a mention

 

Return of goods by consumer after cancellation

 

13.—(1) A consumer who has acquired possession of any goods by virtue of the contract shall on the cancellation of that contract be under a duty, subject to any lien, to restore the goods to the trader and meanwhile to retain possession of the goods and take reasonable care of them.

 

(2) The consumer shall not be under a duty to restore goods supplied under a specified contract in circumstances where—

 

(a) he is required to pay, in accordance with the reasonable requirements of the cancelled contract, for the supply of such goods before cancellation; or

 

(b) the trader has begun performance of the contract before the end of the cancellation period without a prior request in writing by the consumer.

 

(3) The consumer shall not be under any duty to deliver the goods except at his own premises and following a request in writing signed by the trader and served on the consumer either before, or at the time when, the goods are collected from those premises.

:rolleyes:
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Any chance you can get RBS to give you a new bank account now the current one has been 'compromised'.

 

You might also want to consider checking your credit report to see if anything 'funny' is going on there - although that can open up a whole new can of worms....

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