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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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Fed up, need some encouragement!!


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After listening to my mate (who now has been paid out by A&L, and extremely easily) she had me convinced that barclays was one of the easier ones to sue! After reading more closely i now know that this isn't the case. Issued court proceedings on 12th Sept, which i now know won't be acknowledged until about the 13th/14th day, then the wait of another 28 days!! Is it really worth the sleepless nights?! Is it likely that it will then be defended in which i will have to pay more money and spend more time, listing my charges?? I don't know how you really work out the interest, as using your calculator, my mate who just got a cheque wrongly thought you added the total at the bottom of the calculator to your charges fees, so she had to then file an amendment, but before they got that they paid, and about £500 more than she had worked out on the amendment. If you have to pay for the next stage, do you have to stay at the figure you have already filed for?? Am i worrying too much?? Going mad!! :-x

Prem letter sent 19th August asking for £1465.00

Fob off letter received 24 August :mad:

LBA letter sent 3 September

MCOL started 12 September

Deemed as served 17 September

Offer of £550 received 18 September :(

(Not accepting, waiting for acknowledgement!)

Acknowledged on 25 September yey! :)

Defended on 8 October

Allocation Questionnaire received 14th October

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Oh, fallen7682....poor u!

 

Don't loose sight of why you first started. They have taken YOUR money unlawfully and you have every right to claim it back! Chin up... keep strong and keep reading everyone elses threads, it keeps me motivated!

It will be worth it!

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Thanks for the encouragement. I'm getting married in December and could really do with the money, and at this rate will be lucky to get it before then. I find your words helpful and i will stick with it, just having a bad week lol, and wish there was some ending to this. Good luck with yours and let me know how you get on. Kate

Prem letter sent 19th August asking for £1465.00

Fob off letter received 24 August :mad:

LBA letter sent 3 September

MCOL started 12 September

Deemed as served 17 September

Offer of £550 received 18 September :(

(Not accepting, waiting for acknowledgement!)

Acknowledged on 25 September yey! :)

Defended on 8 October

Allocation Questionnaire received 14th October

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Many congrats on wedding... just think, you will have the money in the new year to start your new married life!!

It is definately a rollercoaster ride but remember .....IT IS YOUR MONEY!! Well worth fighting for it back!

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ps- yes Barclays are 'bloodsuckers' as people on this site have been known to refer them as, and they do try and fight a little (more than other banks) but they are just wasting their money in the end by dragging it out. And, they are trying to scare people off.

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Hi Heidik.

 

Chin up.

Issued court proceedings on 12th Sept, which i now know won't be acknowledged until about the 13th/14th day, then the wait of another 28 days!!
Think you will find its 28 days from the date of issue of claim, after they acknowledge your claim they have 14 days to submit defence.

That should cheer you up.

Argyle.

Story So Far:

Pre letter sent 14th August.

Barclays Reply 18th August.

Barclays Reply 5th Sept.

Lba sent 30th August.

Rejection letter sent 9th Sept.

Barclays reply 13th Sept.

Mcol submitted 15/09/2006.

AQ received 21/10/2006.

AQ returned 23 /10/2006.

Court Date:25/01/07 10.30am

Phoned Barclays 08/01/07 Said they would contact me shortly.

15/01/07 Received letter offering a full settlement however figure was short.

22/01/07 Received telephone call from Barclays asking for a settlement figure.

CLAIM SETTLED IN FULL!!!!!!!!!

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Thanks you all for being so supportive, was having a really bad day which didn't help. Feeling a lot more optimistic about it all now, at least the longer it takes the more interest they will have to pay!!! Look forward to hearing how all your cases are doing to keep me posted, and thanks once again for brightening my day :D

Prem letter sent 19th August asking for £1465.00

Fob off letter received 24 August :mad:

LBA letter sent 3 September

MCOL started 12 September

Deemed as served 17 September

Offer of £550 received 18 September :(

(Not accepting, waiting for acknowledgement!)

Acknowledged on 25 September yey! :)

Defended on 8 October

Allocation Questionnaire received 14th October

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Just keep us all updated on the steps you take and if you have any doubt ask us before you send in the letters or do whatever. We will help you through this. Good Luck, we will be watching with interest, you will find if you follow it through you will hit the roof when the cheque arrives on your doorstep, i know i did.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Hi Heidik.

 

Chin up.

Think you will find its 28 days from the date of issue of claim, after they acknowledge your claim they have 14 days to submit defence.

That should cheer you up.

Argyle.

 

No, Heidi is correct, you're not. It's 14 days to acknowledge, then 28 days from acknowldgement to lodge a defence.

 

Heidi, if you've filed 12th September, don't think about seeing your money until March, April earliest. I lodged mine in April, and they still haven't settled. (However, hearing date's November 2nd, so one way or another, it shouldn't be much longer :-D)

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Hi,

Please keep going dont get down, claiming back whats your's is full of obstacles, precisly put in your way to put you off claiming back your charges, the banks want people to think it's too much of a hassle, and they make things as difficult as they can, but believe me whern you persevere and WIN you feel a million dollars, I had times when I was very frustrated and I too thought it's doing my head in, but Please continue It's worth it in the end.:)

 

 

GOOD LUCK ......................:D

LETS ROCK !!!:D :D :D

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Acknowledged

The Defendant is allowed a total of 28 days from the date from when they are served with the claim to reply.

 

Doesn't this mean that they only actually get another 14 days on top of the claim to respond and file defence?? When they are served with the claim they have 14 days to acknowledge or defend plus then if they acknowledge they get another 14days but that from their website surely means from the date they are served??? Oh im confused.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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I thought the same orfoster. The Step by Step instructions are clear on this. The link http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

 

state that the Defendant has a TOTAL of 28 days from "date deemed served".

 

Bookworm, can you check on this please?

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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I thought the same orfoster. The Step by Step instructions are clear on this. The link http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

 

state that the Defendant has a TOTAL of 28 days from "date deemed served".

 

Bookworm, can you check on this please?

 

AFAIK it's a total of 28 days. Fourteen days to defend or acknowledge, then if acknowledged a further fourteen days.

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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From HMCS site:

 

Within 14 days of receiving (being 'served' with) particulars of your claim, the defendant must send to the court (called 'filing') either:

  • an acknowledgment of service; or
  • a defence.

 

and

 

Why would the defendant file an acknowledgment of service instead of a defence?

 

Filing a Form N9 (acknowledgment of service) gives the defendant extra time in which to prepare a defence. The time for filing a defence is increased from 14 to 28 days from the date of service of your particulars of claim.

 

So in theory, it would seem so. But I have had 5 claims forms coming back to me form Northampton now, and every single one of them stated on the AoS that the defendant had "28 days from this date (on AoS) to file a defence".

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From HMCS site:

 

 

 

and

 

 

 

So in theory, it would seem so. But I have had 5 claims forms coming back to me form Northampton now, and every single one of them stated on the AoS that the defendant had "28 days from this date (on AoS) to file a defence".

 

My AoS clearly states:

 

"The defendant now has 28 days from the date of service of the claim form to file a defence.

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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The question that then springs to mind is, why claimants have been filing for judgement - and allowed to do so - at the end of the 28th day after the defendants were deemed to have been served.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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A-ha, clarified. My mistake, or should I say my misunderstanding:

An Acknowledgment of Service of your claim has been filed today, a copy of which is attached.

 

The defendant now has 28 days from the date of service of the claim form to file a defence

 

So yes, 14/14, then, which means that retrospectively, I let Natwest get away with it a few months back! B*gger, b*gger, b*gger :mad:

 

Apologies for the confusion, grovel, grovel, etc... :-)

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Bookworm, no problem. I do feel it is very confusing until you look at it with an open mind. I called the court about this as it made no sense to me. I may be on first name terms with them soon lol.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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I was getting confused just reading it all!!! Kept me entertained for 5 mins lol!! Made me grin about the whole thing, which i haven't done for a while. Thanks guys for all being so supportive. Trying not to check my online claim every 5 minutes so made a bet that i will not check it till after 1pm from now on, and it's only 9.17am and it's killing me!!! Keep me posted on any developments :razz:

Prem letter sent 19th August asking for £1465.00

Fob off letter received 24 August :mad:

LBA letter sent 3 September

MCOL started 12 September

Deemed as served 17 September

Offer of £550 received 18 September :(

(Not accepting, waiting for acknowledgement!)

Acknowledged on 25 September yey! :)

Defended on 8 October

Allocation Questionnaire received 14th October

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haha you sad person lol

 

Thats what i did as well. Its suprising how good it makes you feel when you get that cheque in the post which in sure you will very soon.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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