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    • 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 the 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. So if you subtract the time you took to drive from the entrance. look for a parking place and park in it perhaps having to manoeuvre a couple of times to fit within the lines and then unload the children followed by reloading the children getting seat belts on etc before 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.
    • New version after LFI's superb analysis of the contract. Sorry, but you need to redo the numbering of the paras and of the exhibits in the right order after all the damage I've caused! Defendant's WS - version 4.pdf
    • Hi  no nothing yet. Hope it stays that way 😬
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HPH2/? Claimform - Old 2009 Santander Overdraft 'debt' ***Settled by ADR ***


Ladylovessalsa
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no don't chase

 

 

it comes to you

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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DX,

 

I have found this and wondered whether I could use this as a defence.

 

 

See below:

 

Particulars of Claim

 

1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.

 

2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.

 

3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.

 

 

The Claimant claims:

 

The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54

 

Costs

Defence

 

The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.

 

2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974

 

Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

The claimant is also put to strict proof to:-.

 

(a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited by Andyorch
Particulars added for cross reference/amended checked.
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Defence amended and checked......good to go Ladylove if you are happy with it.

 

Regards

 

Andy

We could do with some help from you.

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No nothing, unless something came today. Did you?

 

I have teeted up my defence and I am ready to press the button on Sunday evening. Is there anything else I need to do?

 

Sorry no I haven't submitted my defence yet.. DX told me to leave it to the very last moment so I will do it Sunday night for Monday..

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Teeted ?......I had already checked and amended it in post #53 13th May

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Hi Andy...

 

 

What I meant was I have copied and pasted the defence that you have amended in post 53 into the MCOL tool but I haven't submitted it yet. What I meant was that I am ready to push the button on Sunday night ready for Monday 25th May.

 

 

I just wanted to know whether there was anything else I needed to consider before submitting the response. I've had no response to the CPR request.

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Okay that's fine...I didn't know if you had edited or added anything further.......

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Not unless something arrives

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Defence was submitted at 11:03 at today. Deadline for submission is tomorrow 25th May before 4.00pm

 

How do I get alerts/notifications when someone adds something to this thread.. I have to keep coming on the site to check? grrrrr!

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How do I get alerts/notifications when someone adds something to this thread.. I have to keep coming on the site to check? grrrrr!

 

Is it that arduous, LLS? :) Have you checked your User CP panel settings [at the top of this screen] to see if you've asked to have email notifications?

 

HB

Illegitimi non carborundum

 

 

 

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as long as your defence has been ack'd as received

next move is the claimants if they want to proceed or run or let it get stayed.

 

 

dx

 

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hello..

 

 

I have just had a letter from the courts. I can't scan it in cos I'm at home but this is what it says:

 

 

Date: 26 May 2015

 

HOIST PORTFOLIO HOLDING 2 LIMI -V- LADYLOVESSALSA

 

I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitors).

 

The claimant may contact you direct to attempt to resolve any dispute.

If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed.

The court will then inform you of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence.

 

After that period has elapsed, the claim will be stayed.

 

The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

 

No signature at end.

 

 

So Hoist may contact me to resolve dispute..

. If we can't resolve it then they will tell the court they want to proceed,

after they do this,

they have 28 days from when they received a copy of my defence.

 

 

If the 28 days elapsed and they have not made contact with the courts then the claim will be stayed by the court,

and then the claimant will have to apply for an order to lift the stay if they want to take any further action against me...

 

 

Is this my position? I am waiting for them to get in touch?

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std court response

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Still no news from courts or claimants

 

They have 23 days yet to respond

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • 2 weeks later...
  • 2 weeks later...

Most probably the claim is stayed...check with Northampton.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • 2 weeks later...

std letter that any company must send ever 12mts if they think they own and are a creditor of your debt

to a line to the FCA rules

nothing relevant at all

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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