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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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So if the debt has beed sold to a DCA with a faulty DN, Do I write to them now and tell them that they now can not enforce the agreement and may only be entiled to the arrears at the time the default was issused, or is it best to keep it until it gets into Court.

E.

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,That is for your judgement, however

positive anyone may be now as to the relevance

of the DN, it may not stand up in trial so IMHO

test the validity now.

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There is another thread on here somewhere, where the OP has or is, successfully arguing that once a debt has been sold on the back of a faulty DN, then with the account being unlawfully rescinded that the new owner can not then claim the full amount, just the arrears on the account.....but where it is, I have no idea!:smash:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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There is I remember reading it recently, but have slept since then.:doh:

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Slightly different scenario, the OC issued 4 defaults, every one was wrong.

 

They then terminated and got CCJ & Charging Order for the outstanding balance..

 

This was paid in full when my house was sold in 2006..

 

After SARing the OC a couple of months ago I have been made aware of a dodgy default..

 

So since they have terminated and enforced on a dodgy DN and got paid the outstanding balance, can/should I challenge that it should of only been the arrears they were entitled to?.

 

The OC is Blackhorse BTW.

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The time to have done that was when they issued court papers and you should have entered a defence then. I doubt you will get any joy out of them now unfortunately, they got their money their happy.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Just a word of warning... I've not seen the case mentioned above but it should be noted that general consensus on default notice cases I've read and been told about are of the opinion that termination on the back of a faulty default notice is not possible hence the contract endures... until proper a valid default notice.

 

S.

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So are you saying that even though the debt has been sold on they could still reissue another DN?

How is that possible when they have sold it on and they don't own the debt anymore?

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A default can the be rectified by the new owner

and the original correct dates applied

so there is still onl one default as required.

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Yes but the dates of the original default MUST remain the same, ONLY the name of the muppet chasing can change..

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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There is a duty under the DPA to

ensure the data displayed is accurate

the default date CANNOT be changed

from the true date if an error has occurred

it can be corrected.

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A debt can be sold at any time

defaulted or not, it's similar

in some cases as factoring invoices.

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Most credit agreements allow for the

creditor to ''call in'' the whole outstanding

balance ih breaches are made of the Ts and Cs.

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Everyone needs to check the Ts & Cs of their agreements,

not having seen them I can only guess this is is the case, but

as said the owner of a debt can sell or assign it at any time.

 

Brig.

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IMHO it has nothing to do with CCA 1974

the terms and condition of agreement

can and in most case does state that in

the case of breaches of the terms or default

they can immediately require full payment,

the same applies to overdrafts.

This has nothing to do any legislation or regulation!!

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I see what you mean itc1607...

 

So they issued you with a DN with a date to rectify the account, but sold it before you had a chance to rectify?

 

You would have to prove that their actions meant you were unable to rectify the account therefore leaving you at a disadvantage, therefore, if they had honoured the DN and you were given the full time they stated would you have been able to rectify the account?

 

If the answer is no, then you won't have been disadvantaged.

 

If you could have rectified the account, but were unable to then it might be seen that you were disadvantaged, therefore, all they will then do, is to reissue a new DN allowing you the relevant time in which to rectify.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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As said before the new owner of a debt can

up date the default entry butCANNOT CHANGE THE ORIGINAL

DEFAULT DATE. ALSO 1 DEBT ONE DEFAULT>

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