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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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Help required - mobile phone ("unusual activity" charges)


albacale
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Hi,

I was on holiday in October (Spain) and lost my phone. I then forgot to cancel the contract upon my return. I'm 21 just now but as I was under 18 at the time of taking out the contract - it's still in my mother's name.

A few weeks later my mother told me that she had an old phone that I could use until I could afford a new one so the following day she contacted our mobile phone provider to request that they send out a new sim card. They said that was no problem and they would get one sent out.

The following day my Mum was checking her banking balance online and realised that our provider had tried to debit an amount of £700 from her bank. She contacted them straight away and was told "The account has been under investigation for fraud for 2 weeks"

No one had contacted us to let us know, no missed calls or messages. I also think its shocking that a company would try and debit £700 from a woman whose bill is never more than £25-£30.

They told us that the account had been under investigation because of "unusual activity" and yet they didn't even contact us to let us know. Apparently a large bill has been run up, the phone was lost in Spain. I can only assume that's where its been used unless its been moved on somewhere else.

They have now said that we are liable. I know I'm originally at fault because I forgot to cancel the contract but I'd like to know if our phone company are in some sort of breach because they didnt notify us that the account had been suspended because of unusual activity.

We have been loyal customers for 3 years, never missed a payment or caused any problems and now we need some help but our provider isnt interested.

We just dont have the money to pay and if they take this amount from my Mum it will plunge her even further into debt.

Thanks in advance

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The trouble is the contract has you pretty well tied up. The fact that they have suspended the account goes in your favour, I've seen similar stories with people who have been hit with a £3000 - £5000 bill!

 

Who is your mobile provider?

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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Sorry, PM away :)

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

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http://www.consumeractiongroup.co.uk/forum/showthread.php?287022-O2-stung-Victim-Not-Present-Fraud

 

read this. ask the supplier to reduce the cost to your mother to what the spanish network charged them for the calls (rather than their retail prices which include profit)

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

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locutus have you seen this. Measure of Damages under English law.

http://en.wikipedia.org/wiki/Measure_of_Damages_under_English_law

 

I have no legal training and not sure of what legal basis the Networks are claiming the customers are fully liable for these bills.

Are they claiming using Contract Law for 'Damages' or on the basis that the customer is responsible for some kind of commercial/retail transaction?

 

Considering the Network would never take these types of claims to court I suppose it's a bit academic anyway but I thought it might be of interest.

 

@ albacale just out of interest could you post the numbers they dialled?

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locutus have you seen this. Measure of Damages under English law.

http://en.wikipedia.org/wiki/Measure_of_Damages_under_English_law

 

I have no legal training and not sure of what legal basis the Networks are claiming the customers are fully liable for these bills.

Are they claiming using Contract Law for 'Damages' or on the basis that the customer is responsible for some kind of commercial/retail transaction?

 

Considering the Network would never take these types of claims to court I suppose it's a bit academic anyway but I thought it might be of interest.

@ albacale just out of interest could you post the numbers they dialled?

As you know the real damage the networks do is completely trask the acount holders credit file. Just thaught I'd post that to add clarity. They may not like going to court, but they have an agreement with the credit reference agencies that does the customer no favours in the long run.

 

I often wonder why the international police don't question the recipients of the calls and find out who it was :/ you would've thaught it wouldn't be too hard a crime to trace given the amount of knowledge the people give away about themselves!

 

I also agree that posting the numbers that were dialed may lead to a hint at the [problem] (if any) they were running.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

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  • 6 months later...

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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