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

Out of the blue Bailiffs turned up for a ccj I didn't know about. - **SET ASIDE AND COSTS AWARDED**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4638 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

  • Replies 212
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Will do that tomorrow. On reflection of ways to contact me. It's just occurred to me they had/have all my exes details. Phone number, address the lot - they knew we were on good terms and were ALWAYS discussing the account with him. It was in my name, but they were alwas more then happy to talk money with him. How about a statement from him as my evidence saying they didn't try to contact him either - I know they didn't because we're very close friends and he'd have told me. He's also aware of what's going in now - so had they have contact him at all - I'd have known.

Link to post
Share on other sites

Another spanner -

When I first sent the kids to the nursery it was called one thing (let's say nurseryA), sometime later it was taken over by another group (I now realise because nurseryA had a bad name and many had been shut down), let's call the other group nurseryB. Most paperwork still came through with nurseryA's name and cheques were always made payable to nurseryA. The claimants name on the court letter I have today is nurseryA, but, I go to nurseryA's website it directs to nurseryB. I just looked on companies house and nurseryA isn't there, only nurseryB.

 

I was only looking as it's almost a year and I wondered whether or not to make the cheque payable to nurseryB as that's now the name they use for everything.

 

(the one I sent last year was to nurseryA as that was the name I'd always put on cheques)

 

Did that make sense?

Link to post
Share on other sites

I have had a look again at companies house and I can see they changed their name last year, so am gonna send it to the new name on the basis, they aren't going to be able to cash a cheque in their old name as that company no longer exists - so there's no chance of them doing it.

 

(Name changed after I sent the last cheque - phew)

Link to post
Share on other sites

I agree with your friend send a formal written request for copies of the recordings.

Claim number:

In xxxx County Court

EzyChic

 

v

 

xxx Nursery

Formal Request

Date:

For the attention:

Mr caught telling porkies

Cobblers Solicitors

Liars Avenue

Bailiffworld

 

Dear Sir,

I formally request you provide Copies/Transcripts of the two recorded telephone conversations it is claimed you held with myself in respect of the above matter, to eliminate any doubt, the reference for this request is our telephone conversation of xxx July 2011 and the calls you alluded to having on file.

I trust you will treat my request with some urgency due to the scheduled hearing of the above claim for xx August2011 and, I anticipate you will fulfill the rquest within 7 days from the date of this letter.

Yours

Can you send me PM with what is on your N244 then I can use that as a base to expand your WS I have just noticed post by Matt63 and strongly agree with him about paying the debt immediately, then if refused they will be seen as being unreasonable.

 

WD

 

Email? or should we go for 'signed for'? (not written it yet). Bearing in mind I've had no reply to my previous email. This is quite good fun actually :-)

Link to post
Share on other sites

IMHO I suspect that your set aside may fail, for several reasons:

1) You acknowledge you owe the money

2) You deliberately didn't tell them your forwarding address, so any papers were served upon your old address as that was the last known address they had for you.

3) You didn't organise any mail redirection for a year or so from your old address - something a reasonable person would have done, or left a forwarding address at your old address.

 

However on the upside, they need to have behaved reasonably, and if they haven't done so, then the set aside may well be allowed. You'd be well advised to cancel the old cheque if under 6 months old, and re-issue a new one to the nursery.

If you can prove they got your final letter (which in hindsight, you should have sent recorded delivery as it was a reasonably important letter given you moved and didn't give a forwarding address to them) then this would (IMHO) constitute a reasonable defence (i.e. you had already attempted to pay, but the payment was ignored/refused at the time).

 

On the other hand, the whole thing is down to the judge on the day, some of them will be by the book, others will look upon it with sympathy, others will be having a bad day. They're all human remember! You'd be better off appearing in person, rather than by post though.

 

HTH, IANAL :D

Link to post
Share on other sites

Thanks Cyberprog,

 

I can't work out whether or not they did get the original letter and cheque, if they did why didn't they cash it and if they didn't why did they not say that when I mentioned the letter and cheque later in email correspondence.

 

The old cheque is over 6 months so would be no good now anyway. Reissued one will be on it's way later today...

 

It didn't occur to me to send the letter recorded back then, I had no reason to think they wouldn't get it, and if they hadn't, wouldn't they have told me?

Link to post
Share on other sites

I didn't organise mail redirection as I changed my address with everyone I needed to. I wasn't going to pay to have junk mail redirected, that's all I was likely to get.

 

I didn't expect a court summons to randomly show up. who would?

 

I'm worried now, although even if I lose it's not the end of the world.

 

I'm wondering if it's worth trying to get my own solicitor? Or not?

 

Ezy

Link to post
Share on other sites

They're things a reasonable person might have been expected to do however :)

 

You could talk to a solicitor, and while I wouldn't advise against a solicitor you often get more leway with a judge when they deal with a layperson rather than solicitor vs solicitor. Plus you end up throwing more money at the problem and the only winners are the landsharks.

Link to post
Share on other sites

Morning Ezy

 

WS will be done today,

 

No you do not need a solicitor, as Cyberborg says the Court will be sympathetic to you acting as litigant in person.

 

How long after you sent the cheque was it before you moved house, what I am getting at is, did they have ample time to write to you at your old address before entering into litigation on this matter.

 

You were not obliged to give them your new address or any contact details as you were not aware of any outstanding debt to them. Yes you acknowledged the money was owed and yes you were under the impression the debt was settled, also your email contact was an opening for them to reply to you and discuss any problems they had with the payment.

 

WD

Link to post
Share on other sites

Hi,

 

Not long cheque was send late sept, we completed on this house 30th Sept - we moved within a week or two. Isn't them an email in November (the beginning) because u thought they must have replied by letter-

They repkied via email asking me to conform my details - I did and they never replied again.

 

I stupidly assumed they were just ignoring me hoping I'd go away and take my complaint with me. And that infect is what I did, I really could t be bothered to chase the complaint any further - I had a new house, was also studying, working, being a mum and had just got engaged and had a wedding to plan - I could have gone to OFSTED with the complaint but just though 'b@lls to it, life's to short'.

 

Bloody wish I had have done now!

 

My hope is that a judge sees that I made contact with then which (thank god) they acknowledged - I made a reference to the cheque in the email and to the letter. They ignored me thereafter. That would have been a good time for them to say what cheque? What letter? They didn't!

 

If the judge doesn't see that and I lose, I gues at least it's caused them some inconvenience :-) and I didn't go out without a fight.

 

Staying positive.

 

Thanks WD for help with the WS

Link to post
Share on other sites

A was bought by B before any of this. They sent me letters from B, but the claimant is A.

 

I don't know. Very confusing. I am thinking as A and B are one and the same - but as they use the trade name B now I need to send them the money.

Link to post
Share on other sites

OMG! Why did I not do this earlier - now I could be mistaken, I could BUT- I have a statement that the nursery sent to me with all the payents I have made etc. I have just cross checked it with my bankstatements. Now it would seem - get this, that there is over £600 NOT on the nursery statement that I have paid. I'm going to double check this, but if it's right. It'd seem they owe me money. I do hope so.

 

Thank goodness for internet banking

 

ezy

 

Will update if/when I am sure

Link to post
Share on other sites

If they do, you can get it set aside and lodge a counter-claim :)

 

Yes that would be a good move and as hopefully your statements will show you didn't owe the money anyway, as you overpaid the claimant should then also cop for your costs and some fees for their bailiff...

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 OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

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

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

It would seem THEY OWE ME £300! I didn't owe them in the first place. I have the invoice from them AND all my bank statements. BEAUTIFUL :-D.

 

Unless they've missed something off the statement - which is their fault.

Link to post
Share on other sites

It would seem THEY OWE ME £300! I didn't owe them in the first place. I have the invoice from them AND all my bank statements. BEAUTIFUL :-D.

 

Unless they've missed something off the statement - which is their fault.

 

Others will know more but I would contact the court, and ask to submit the statements and the invoice showing the overpayment, thus blowing their whole case out of the water and take advice about action against them for their muppetry in getting the judgment in the first place.

 

But I'm sure others will be ale to pinpoint the best way forward, anyway good luck on this EzyChic, you are on the home straight now

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 OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

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

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...