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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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Right so i did a quick search. My computer is down at the moment so I am on my iphone so it's a little difficult.

 

Am I right in thinking that I should write to the HCEO to inform them that they have levied on vehicles owned by my company ()? Or do I write them "from my company" telling them that they have levied on goods not belonging to "me"?

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If they have seized vehicles not belonging to the debtor then the owner needs to make a claim in writing to the HCEO as to ownership. The owner will need to provide proof of ownership by way way of copies of receipts etc.

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If they have seized vehicles not belonging to the debtor then the owner needs to make a claim in writing to the HCEO as to ownership. The owner will need to provide proof of ownership by way way of copies of receipts etc.

 

Thanks Tom, it's my company that owns them. They were purchased when I was a sole trader. I went limited 6 months after I bought them and as far as I'm concerned they also became company assets.

 

I have the work invoices from my sole trader Acc being paid into my account, my account also shows the money being withdrawn to pay for the vehicles.

 

Would this be enough to prove they belong to the company. In comparison my tools also from my sole days became ltd assets.

 

Many thanks

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If the vehicles are registered to "Blogs Ltd" and the registration documents show that to be the case you need to send them copies of same. Only if the creditor refuses your third party claim and 'ownership' is challenged by way of interpleader, will you need to 'prove' purchase of the vehicles was made by the Ltd company. Then you will have to show the sole trader who purchased the vehicles, duly recorded the transfer of all assets on forming the Ltd company.

 

However, if your main concern is to protect the vehicles then, prior to returning to court you will need to make a proposal to the creditor or via the HCEO, that will enable a payment schedule be put in place to the satisfaction of both parties. When you attend the hearing for your variation order you give the exact same proposal to the court and ask the stay of execution be kept in place until the proposed regular payments see the Judgment satisfied.

 

As long as you stick to the terms of the agreement there can be no further enforcement action taken, however if you miss a payment or fail to ensure a payment is met on the due date, enforcement will automatically resume without any warning.

 

The above is all you need to do for the hearing, if you want to argue the fees charged to you it would be wise not to make any mention of them at that hearing. If after the hearing you are still of the opinion you have good reason to challenge the fees then you will need to start another action to the detailed assessment I mentioned earlier. Please be in no doubt..if you go down this route and lose the few hundred pounds you have challenged will look to be but a drop of rain in the ocean of costs!!!

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Hi WD thanks for the lengthy response, you have cleared things up a lot for me. The HCEO has 10 more days to return the SAR back to me then I'm hoping to see what has been charged and why etc.

 

With regards to the vehicles they were still in my name as I thought this was the correct thing to do as I would be taxing them etc.

 

How would I have transferred them over legally as assets? I didn't realise that there was an official way to do this..

 

I have sent the HCEO this email.

Dear Sir/Madam. I have recently sought Legal Advice. I Have been advised to inform you that some actions your HCEO has carried out are not lawful.

 

I advised the HCEO verbally that the vehicles he has levied on do not belong to me, yet they have still been levied on and charges applied.

 

I informed him that the vehicles belong to my Ltd company and not me personally. I have proof to show this. The vehicles may well have been in my name however, this is to show that I am "responsible for registering and taxing the vehicles and does not prove ownership"

 

The caravan which was also levied on is used for storage and also belongs to my Ltd company.

 

I would request that any fees relating to these levies are removed from my account..

 

Kind Regards

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Sorry I also meant to ask, will the SAR definitely show all the fees charged and for what visits etc?

 

Many Thanks

 

Gareth

 

Not necessarily but the HCEO should provide you with thsi information when requested anyway.

 

An SAR is to show what information they hold on you. So often people are misguided as to the effect of an SAR.

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  • 3 weeks later...

You can write to the HCEO reminding them that the SAR is overdue and saying that you will complain to the ICO if they do not deliver in 7 days time and copy in the ICO when you write.

The ICO are pretty slow off the mark generally, but when their name is involved hopefully that will motivate the company to send you the SAR. They can face a fine for not

complying and it is not as if they will have that much to send you anyway.

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Hi thanks for the reply. I sent them the email and quoted about the ICO. They have replied saying I haven't payed the fee. Even though I paid directly to there bank and stated on the SAR that the payment should only be used for the SAR etc. being messed about big time :-(

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Hi thanks for the reply. I sent them the email and quoted about the ICO. They have replied saying I haven't payed the fee. Even though I paid directly to there bank and stated on the SAR that the payment should only be used for the SAR etc. being messed about big time :-(

 

 

You are entitled to the sar as you know so do not be dissuaded.

 

If they took the payment and did not provide you with the SAR I recommend a new complaint to the ICO and FCA providing them with proof of your sar request, proof of posting, proof of payment and their letter saying no payment received.

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By obtaining the SAR I am hoping to see what has been charged, where and how much. The HCEO has still got proved what he's charged for etc. I have written to them numerous times asking for a full itemised breakdown. They have also levied on 3rd party goods like I have said so I need to know what fees have been charged for that and when etc. Once this is done, I can then pay any other fees due.

 

I am going to report them for not giving me the SAR anyway because as of today they are 3 weeks overdue.

 

I'm in court in 2 weeks and the judge will be expecting me to have resolved this. I've had a blow today as the solicitor which was dealing with my case has told me he is leaving the firm and will no longer be accepting instruction. He's given me no advice at all upto now. How do I roll the ball with regards to a detailed Assesment? And could I file an N1 form with regards to the fees he has charged?

 

My head is about to explode

 

Many thanks

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OK, I'm a little confused as in post #11 you provided a detailed breakdown of the fees they have charged you.

 

Secondly, did the owner of the goods levied make a 3rd party claim at the time (as advised previously) and if so what was the outcome? Until it is proved the goods are not yours then the £161.59 Valuation Fee and £5.45 Daily Seizure Fee apply. These fees could be deducted after proof.

 

Whatever the answers to the above they should have complied with the SAR and you appear to have cause for complaint.

 

A detailed assessment should only be considered if you are sure the fees charged have been done so incorrectly. The assessment will only be on the 'incorrect fees' which means the cost of the assessment probably outweighs the application fee and time involved. Also if you are found in the wrong you could also end up with two sets of solicitors costs. Therefore you must consider this very carefully.

 

And no, an N1 form will be dismissed as there is the prescribed structure of challenging fees above. Again, you could end up with costs against you.

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So sorry, I did reply to your last post but it hasn't posted??

 

Thanks for your reply. With regards to post 11, yes they did give a breakdown, but it is very vague. It doesn't show what charges they have added and for what reason/work they have done etc. I submitted the SAR in the hope that it would give me a full picture of what fees have been added. I would then be happy to pay what is owed etc.

 

One of my main concerns is they have levied on 3rd part goods. Like I said I have told them on numerous occasions the goods don't belong to my company and not me and they are not interested.

 

Also then they came to remove the 3rd party goods, I had to give them the £2000 which is offered to settle the account. When I paid this in cash to them, they then added £400 and said it was removal fees! To remove what? Goods which don't belong to me! So I would say there is at least £500 to come off.

 

Can I send them some sort of stat dec and a letter from my company making it more formal?

 

I'm really not very good with all this legal, paperwork stuff.

 

Thanks again for any help.

 

Regards

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[quote=Looneyfitter;4546208

 

One of my main concerns is they have levied on 3rd part goods. Like I said I have told them on numerous occasions the goods don't belong to my company and not me and they are not interested.

 

 

With 3rd party goods the only way this can be done is for the owner to provide proof of ownership. It's no good you writing or just telling them - proof needs to be provided (by the owner) usually by way of an invoice or similar.

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PT is right and further to this it needs to be in the right format. I did suggest you Google 'interpleader' in a previous post.

 

Any claim should be made by the owner of the goods (our company) and should specify the owners name and address, the exact goods claimed, any proof of purchase and if possible some explanation as to why they do not belong to the debtor (you).

 

Given the length of time its taken any claim is technically well out of date but even so, putting one in now may help your cause.

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Many thanks. I will speak to the accountant . I will google interpleader too.

 

What would you say I'm am to do when I go into court on the 12th? I was hoping my solicitor would have all this sorted but he's left me in the lurch. I'm worried that when I go in the judge will say I've had enough time.

 

I've tried all I can to get my solicitor the details he wanted, emails, payments, n55's etc.

 

Cheers

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To be honest, you really need to find another solicitor as soon as possible as it sounds a fairly complicated affair and representing yourself could end up costing you.

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  • 2 weeks later...

Hi just thought I'd post an update. I've been back into court. Before the court date, I sent the judge all the info I had, emails etc I had sent to the HCEO asking for breakdowns and costs. Also the numerous I & E forms I have sent after they said they hadn't received them.

 

The judge was in a lot better mood so to speak. He seemed to understand my predicament and was very understanding. I asked him to also note that this was the second time if been to see him and the other party hadn't even bothered to turn up.

 

Anyway he ordered that the creditor give me all the information I've asked for :-) so hopefully I will receive this pronto.

 

Also the I sent the creditor the 3rd party claim over assets etc and they have admitted it and all levies have now been Lifted :-)

 

My questions now are:

 

A. The last visit they made, they added £480 I'm fees ,when I questioned this, they said it was so much because they were taking the car and there was 2 of them. They collected £2000 cash this day. So is this fee now void? And any other previous fees they have added?

 

B. They say they have made 16 visits on this account. My question is why? I've never missed a payment since I set up the agreement in 2011. They said they had to visit to levy and to collect I & E forms. Now I have emailed them the I &E forms on numerous occasions and they said they hadn't received them.. Funny that eh!!! Where do I stand here?

 

Feel like I'm getting somewhere now :-). Many thanks

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