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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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Utility Warehouse just broke into my house


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Blomquist, I don't know if you have already done this but I would suggest doing the following.

 

Send a letter by "recorded delivery" addressed to the "complaints dept" and lay out your complaint.

 

List the date you moved in etc (include copy of tenancy agreement even if you have already sent it) and tell them you were completely unaware of any problem prior to the enforcement of the warrant and that as a new tenant you are happy to pay your bill but not any charges relating to the previous tenant including the warrant action.

 

Tell them you expect a reply within 14 days (put down the date) or you will take the matter further.

 

This way your complaint should hopefully get to the right person rather than speaking to a different CSA every time you call in.

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Hi Zazen, no I didn't pay for consumption as they wouldn't give me the option. The rep I spoke to earlier in the week told me that people ask for her extension number all the time, so I asume she is full time staff.

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the warrant of entry is charged against an address and not a customer with an outstanding debt ie whoever is at address.
.

 

 

Until UW know that you ere tackling the legality of the warrant they will continue to worry with remarks like that. Why have you not visited the magistrate court and sorted this? Until you do so they can rely on the warrrant to continue to deny you.

 

If you are chary of going tto the court to talk this over with the magistrate clerk why not see a solicitor using one of the free sessions that they offer?

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Why have you not visited the magistrate court and sorted this?
Good question? If you don't want to do that then why not do as I suggested before?

 

Send a letter by "recorded delivery" addressed to the "complaints dept" and lay out your complaint.

 

List the date you moved in etc (include copy of tenancy agreement even if you have already sent it) and tell them you were completely unaware of any problem prior to the enforcement of the warrant and that as a new tenant you are happy to pay your bill but not any charges relating to the previous tenant including the warrant action.

 

Tell them you expect a reply within 14 days (put down the date) or you will take the matter further.

 

This way your complaint should hopefully get to the right person rather than speaking to a different CSA every time you call in.

 

I have used this method over the years with various companies and always managed to get some sort of solution to my problem.
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Shining light.

 

Absolutely

 

He must do something other than try to talk on the telephone to various faceless customer services people.

 

A formal letter of complaint with its implied threat of referral to the Ombudsman may well produce in time what the the OP requires. That letter must contiain the fact that he will go to the court to investigate the application and warrant as he believes that the only way that UW could have obtained the warrant was by deceiving themselves and the court.

 

At the moment UW's position relies completely on their claim that the warrant was obtained lawfully - that the OP was informed of the applicatiion and that it was obtained on correct information being given to the court.

 

The OP has shown no sign to us and not to UW that he is set to challenge the warrant. It is a very serious matter to misrepresent the facts to a court and I am quite cetain that UW will do the OP's bidding if he takes the obvious route.

 

Blomquist.

 

A lot of posters including me have put a lot of effort in advising you. It must be clear to you that this whole matter revolves around the validity of the warrant. As I see it there are only three reasons why you do not go to the court.

 

a) You are intimidated by the idea. I am not a lawyer and I have been to magistrates court to speak to the court clerk on three occasions about warrant applications. On each occasion applicatgions were sent back to the utility and I was thanked for my trouble. It was all very civilised.

 

b)you feel that the court will not own up to and rectifyy a 'mistake'. That is a very jaundiced view of Briish Justice. The courts can only consider the facts as set before them and they have not made an error if those facts are true. The courts are eager to dispense justice and if it is obvious that their 'mistake' was due to incorrect facts sworn by UW then there will be a remedy.

 

c) The 'breakin' was not a total surprise and that you knew that something of the sort was in the offing and you buried your head in the sand and did nothing.

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I'm amazed this thread still going on,just read all the posts from page one

 

Two things spring to mind

 

A simple phone call to a utilities company at the start of the tenancy ?

 

We simple have not been told the Full story !

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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I'm no lawyer but... I thought that even if they did have a warrant, it would have to have had a name on it. If you are the current occupier and your name wasn't on the warrant, it would make it void. Therefore they would have entered your house illegally... is that right ?

In any case, companies that think they can get away with half arsed legal loop holes are going to get a shock as there seems to be a new breed of lawyer coming through. I have seen ads for firms dealing with claims against utility suppliers and they have a real good track record. Soon the big companies will have no choice but to sort their crap out otherwise they will have trouble heading their way.

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THe OP meeds to go to the court to find out what name was on the application and what reason was given for a warrant of entry to change the meters. The occupier (the OP) had no debt.

 

Th courts are usually very efficient at informing the defendant of the hearing but if the letter they sent was to the wrong name then this letter could quite easily have been readdressed to the previous occupier. The stakes are so high that I would expect any utility to say that someone was sent round to deliver a letter informing of the hearing. You just cannot trust them especially where staff reputations and hence jobs are at stake.

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The stakes are so high that I would expect any utility to say that someone was sent round to deliver a letter informing of the hearing. You just cannot trust them especially where staff reputations and hence jobs are at stake.
I don't think any Utility company is going to deliberately mislead the court simply to enforce a Warrant, like you said, there is too much at stake. The procedures are in place to protect both the consumer and the company issuing the warrant.

 

In most cases, if something is done incorrectly it will usually come to light. If the 3rd party company acting on behalf of the utility company falsified the documentation relating to the action taken by them, they would lose all credibility and a lot of clients/money.

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  • 1 month later...
  • 1 month later...

I'm looking at the post and see different advise the legal stance is the new tenant has a legal obligation to inform the dedicated supplier for the site that they have moved in within 28 days of the tenancy commencement if this has failed then the supplier has added legal right for charging. As for the letting agent letting the supplier know this is quite common but the supplier has no legal obligation to take the details in fact the contrary is usual to ignore them as under english law a 3rd cannot enter into contract for the 1st or 2nd party unless has written authorisation to do so from the parties. Also its contrary to the Data protection act . It is always advisable to let your supplier know you have moved out and back it up in writing.

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A right of entry warrant is valid for the premises and ascertains to the meter if the name is incorrect its the last registered occupant. The new occupant would need to supply evidence that they provided to information to the supplier that they were a new tenant. If this at collection stage a copy of your tenancy agreement would need to be supplied as documented proof

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Not at all the warrant is for access to the meter not the tenant. They only have to prove they attempted to contact the site by a failed visit or mailing to the site. A occupier can find out who supplies them by going to energylinx or phoning any energy supplier who will access ECOS and let you know your designated supplier

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Have you tried phoning any supplier to ask who the supplier is for a MPAN? I doubt it as you will then know that they will not giv eout that information as they may be infringing the Data Protection Act. They cannot disconnect a meter as they need to prove bad debt relating to the current occupier. The bad debt could be for a previous occupier. Catch 22!

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But there is also onus upon the occupier to prove made all relivant efforts to facilitate the change and yes i have rung a supplier to find not the designated supplier and been told who is.

 

Also Mpas number is inside yellow pages at the front trust me on the warrant situation i am legally trained and unfortunatley the Gas Act/ Electricity Act and the gas & Electricity boards act are all loaded in the suppliers favour. As long as the supplier as made an effort to contact the last know occupant the onus after 28 days of taking over the tenancy is upon the occupant, rental propererties should be informed of the supplier in the tenancy pack and new homes used to be supplied in sellers pack. At some point we have to responsibility for our own actions i know if after 28 days i don't know who my supplier is i be very worried and making a lot of calls.

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When a warrant is applied for the wording is Mr Joe Bloggs / The Occupier thus making it relevant to who ever is in the property.

 

The process required to get a warrant is a long one which is as follows

 

1. The supplier send reminder and some where it will refere to sending to a DCA

2. The DCA will write to the site address Mr Joe Bloggs / The Occupier. advising you of the debt and a caller will visit.

3. The caller will visit the supply address not the billing address and attempt to make contact.

If this fails the DCA will send a Human Rights letter giving Mr Joe Bloggs / The Occupier 14 days notice of an application being made before the court.

 

If this as been followed then a warrant will be issued as it can be proved they have made every effort to validate the occupant.

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Why on earth is this thread been drag up again.

 

Simple common sense if your moving in or out of a rented flat,or buying/selling,is for the tenant/buyer to contact a utility supplier and not leave it up to some else/3rd party......

 

We not had the whole truth from the person who started this thread and they got caught out using gas and electric for free...

 

He/she moved in January 2010

 

Did nothing until

 

July 2010 when they fitted pre-payments meter's

 

resulting in

 

Paying for court cost and gas and electric used for 7 months..

 

End of...

Edited by 45002
in

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Why on earth is this thread been drag up again.

Simple common sense if your moving in or out of a rented flat,or buying/selling,is for the tenant/buyer to contact a utility supplier and not leave it up to some else/3rd party......

 

We not had the whole truth from the person who started this thread and they got caught out using gas and electric for free...

 

He/she moved in January 2010

 

Did nothing until

 

July 2010 when they fitted pre-payments meter's

 

resulting in

 

Paying for court cost and gas and electric used for 7 months..

 

End of...

 

:clap2::thumb:

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  • 2 months later...

Hi All,

 

Just to make you aware:

 

Having had multiple problems getting a clear response from UW, I was eventually told by a rep that I shouldn't be paying the legal charges, this conflicted with the debt department, and having spoken to the debt manager I cut a deal. I will pay all of the debt I owe, if they clear off the £600 legal costs that they charged me for unlawful entry to my property. Happy to report they accepted and having waivered their offer to remove the meters and gp back to credit, at a cost of £100 each (plus £100 removal fee), I am now happily using the services of the wonderful EDF Energy.

 

EDF gave me the opportunity to switch to their credit meter for 28days and then switced me to credit meters for free after this period. Fantastic service and I'm save in the knowledge that they won't break into my house looking for money owed by somebody else.

 

RESULT. Thanks for all of your help and support, and to those who will no doubt be saddened to hear of my triumph after their continued negative postings.... Bah Humbug!

 

Thanks

 

BLMQST

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Hi All,

 

Just to make you aware:

 

Having had multiple problems getting a clear response from UW, I was eventually told by a rep that I shouldn't be paying the legal charges, this conflicted with the debt department, and having spoken to the debt manager I cut a deal. I will pay all of the debt I owe, if they clear off the £600 legal costs that they charged me for unlawful entry to my property. Happy to report they accepted and having waivered their offer to remove the meters and gp back to credit, at a cost of £100 each (plus £100 removal fee), I am now happily using the services of the wonderful EDF Energy.

 

EDF gave me the opportunity to switch to their credit meter for 28days and then switced me to credit meters for free after this period. Fantastic service and I'm save in the knowledge that they won't break into my house looking for money owed by somebody else.

 

RESULT. Thanks for all of your help and support, and to those who will no doubt be saddened to hear of my triumph after their continued negative postings.... Bah Humbug!

 

Thanks

 

BLMQST

..

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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