Jump to content


  • Tweets

  • Posts

    • 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.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

CSA non compliance


skiton
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4756 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have had an on going fight with the CSA since September 2004 over arrears of just over £2000. Basically I requested a re-assesment in september 04 as I had changed careers and was on a lower income. Each time I called them I was always put through to someone who could'nt help and was always told someone would call me back to deal with my request, but no-one ever did.

About two years later I got a call from the CSA saying they were returning my call and how could they help. I went balistic and after I had calmed down I explained again about my request, again I was told that they would have to get someone to call me back as that particular person could not help. Any way about a year passed and I received a letter from the CSA saying that they had done a re-assesment and that there would be no change to my payments. I called the CSA and asked where they got the info from in order to carry out a re-assesment. The info they used was over 10yrs old and when I explained the above again, again I was told someone would call me to sort it out. Anyway after many more letters and calls over a 5yr period I get a letter dated 1/4/09 stating that the CSA intend to apply to a Magistrates court for a liability order. So I called the nice people at Bolton to find out what was going on and explained again the situation with my request and was told again someone would call me back.

 

No-one called and in May 09 I received a letter stating a liability order had been granted.

I called Belfast Enforcement and explained the situation yet again and was told that the liability order would be put on hold and someone would call me to sort it out. I have recieved only 2 calls since then from the CSA chasing the arrears, and not to sort out my request. The last call I received was in October 2010, I explained the situation again, and again was told someone would call me back the following week, and guess what! no one has.

Today 14/3/11, I received I letter from Marston enforcement giving me 7 days to pay the arrears or they will visit my home to levy on goods and thereafter remove the goods for public auction. Called the CSA again today and guess what, someone is going to call me back LOL.

 

Where do I stand as to non-compliance to a request for re-assesment. And as far as Marstons are concerned is this a civil debt and can I deal with the bailiffs as a civil debt situation.

Also going to arrange to see a solicitor about the whole thing.

 

Cheers

Link to post
Share on other sites

Firstly

1. When was the last time u made payment

2. If your earnings change once you have let them know it's down to them to re assess you on new income

3. R u Still paying?

 

You can combat this by sending sar requesting all communication activity including phone calls and letter responses as this will show you tried to solve this issue

u must do thus asap

Link to post
Share on other sites

SAR is in the post, for a next day delivery signed for.

Last payment was made in Sept 04 just before my eldest was 17. CSA was informed over the phone that I would not be making any more payments until re-assesment was made on new income. I had 1 more year to go before my youngest was 17.

 

As mentioned above re assesment was done in Oct 2007 but this was done using info I gave to them in 1988.

Edited by skiton
Link to post
Share on other sites

Why didn't you go to court to attend liability hearing this is why they are hounding you as the court has given csa judgement as you didn't attend!

 

When I recieved the letter about the liability hearing I called the CSA and explained again the situation and it was supposed to be put on hold, I was told someone would call to sort the problem out but no one called.

Link to post
Share on other sites

Called CSA explained situation again to supervisor, told her my intentions with SAR and legal action, and it is now going to be sorted out. Also spoke to Newcastle Legal Enforcement and bailff action is going to be put on hold.

Link to post
Share on other sites

Does anyone know if the CSA bailiff contractors can use self employed bailiffs. Regarding my first post, the re-assessment that was done, was done in Oct 2007 using info I gave to the CSA in 1988.

 

Cheers

Link to post
Share on other sites

  • 1 month later...

Just an update. Still not heard anything from CSA regarding my case. Received my SAR but missing important telephone transcripts, lots of them in there but not the important ones. I have a list of calls I made between 2005 and 2010, the name of the person I spoke to, time and date of call and call duration but none of these appear in the SAR. Also telephone transcript in the SAR from my original call in 2004 but big chunk of it missing, I know this because I have it on tape. Will write to them again asking for the transcipts for these particular calls.

They state several times in the SAR that they have no record of any calls from me between 2004 and 2011. Look forward to see what they come up with.

Have had to call Newcastle Enforcement again to get bailiff action put on hold again.

 

Skiton

Link to post
Share on other sites

  • 4 weeks later...

Can anyone help.

Sent Non Compliance letter giving 7 days to provide info and had no reply. Does anyone know of the type of court order I need to get, in order to force the CSA to comply.

 

Thanks

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...