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

Fed up, need some encouragement!!


fallen7682
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6321 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

Hi Fallen

 

Not sure if this will help you or not, but MCOL is only updated once a day after 10 am. I too am a self obsessed MCOL checker! lol. With regards to getting fed up, I know where you are comming from, it's a big rush at the beginning and then comes the waiting game:cry: . But stick with it as it's well worth in the end - as I am hoping thats going to be very soon for me.:p

 

Keep Going

Cheers

Ali :D

Prelim Letter sent 4/7

Standard fob off letter received 7/7 (promising looking into my claim and would get a response by 31/7)

LBA sent 28/7

Received partial offer of £430 on 1/8

Another fob off letter recieved 4/8:idea:

Sent Thanks but no thanks Letter 7/8

Claim issued 15/08

notice of issue rec from Northampton Count Court 17/08

Claim acknowledged 21/08

Filed for Judgement by default 19/09

Link to post
Share on other sites

  • Replies 51
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Thanks Bookworm :)

 

My form definately says that the defendant 28 days from the date claim was served, to file a defence. So you filed in April and have a date for November?? - patient you! I was thinking of going for xmas (to Oz) so was hoping it wouldn't be until the New Year anyway ;)

 

Sorry Fallen for taking over your thread, but glad we sort of cleared up the time scales!

 

HeidiK

Link to post
Share on other sites

I don't mind you taking over my thread, it's great to be able to check and see that your not alone. Still confused over the 28 day thing. My claim has been acknowledged today and this is what it said on the MCOL:

 

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

 

they were served on the 17th, which then implies that they only have 28 days in total which is the 14 October!!

 

Is this the never ending debate? lol?

 

Anyway, glad i've had an acknowledgment, will keep you all posted.

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

Link to post
Share on other sites

I don't mind you taking over my thread, it's great to be able to check and see that your not alone. Still confused over the 28 day thing. My claim has been acknowledged today and this is what it said on the MCOL:

 

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

 

they were served on the 17th, which then implies that they only have 28 days in total which is the 14 October!!

 

Is this the never ending debate? lol?

 

Anyway, glad i've had an acknowledgment, will keep you all posted.

 

It's definitely 28 days in total:

 

Once a claim is issued at the County Court, you have 14 days to acknowledge the claim form, and either admit all or part of the debt, or submit a defence. Acknowledging the claim within 14 days extends the period to serve a defence to 28 days.

 

So 14 days to respond with either a) a defence or b) an acknowledgement of service.

 

If b) then the defendant gets a further 14 days 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

Link to post
Share on other sites

I'm glad that it's only 28 days in total, although expecting them to defend it :mad:

 

Used the interest calculator, so if i have to list the charges and interest, is that easy to do, or should i have done it differently?

 

Why do we have to have the awkward bank, why :eek:

 

I can't believe how long they draw it out! At least it means the interest can build up, although, i know it isn't a lot.

 

How long on average are they taking to file defence before the end of the 28 days? They have got till the 14 October, anyone want to take a guess, place your bets please!! lol!! :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

Link to post
Share on other sites

  • 4 weeks later...

Help!!!! Just got my allocation questionnaire through and don't know what i am suppose to be doing next. Got to have it in by the 1st Novemeber. Advice would be gratefully received. :o

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

Link to post
Share on other sites

I found a piece on filling out allocation questionnaires on one of jonni2bads' threads, was really helpful so thanks to him. Already to send now, lets hope it gets resolved promptly. So....what do i do now, where do i find the things i need to prepare for court? Has anyone had a settlement from barclays, because they seem few and far apart, it's a bit unsettling! Scared now!!! Will i get the £100 fee for the allocation questionnaire back, and if so how?

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

Link to post
Share on other sites

If you're reading around the forum, as you should, these steps shouldn't really come as a surprise. The AQ and the preparation for court are standard steps, so, of course the answers are in the Templates Library!

 

For the AQ advice, click here.

 

For court preparation, click here.

  • Haha 1

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

Link to post
Share on other sites

Thanks victimnomore, i'll check it out. Need all the help i can get!

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

Link to post
Share on other sites

When i do a schedule of charges, do i put the interest on too and where can i do that? Do i put my court costs there too? Where do they go? Didn't anticipate it going this far, most other banks are paying out a lot easier. Hope i get my money back in the end! This is too scary, back to not sleeping again worrying about it, ah well never mind, what will be will be lol!!!

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

Link to post
Share on other sites

Relax!! Try not to be scared, these people are definitely not worth losing sleep over.

 

You're right though that Barclays seem a lot more stupidly stubborn than other banks. It means, even though they have never yet set foot in a courtroom, you have to be prepared to take them that far.

 

Your schedule should include interest up to your claim date, but not costs.

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

Link to post
Share on other sites

  • 4 weeks later...

Ahhhh! Got a court date for 14 March next year. Please tell me that they are still not turning up!! Been busy working for the past few weeks so i haven't had time to come on so if there are any updates can someone let me know. What do i do now?? Where can i find help with preparing the court papers? :confused::eek:

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

Link to post
Share on other sites

thought i would just start preparing for court, so i started doing a charges schedule but they only go up to current date and i need to do it up to my court date (i think), can i have some help please :oops:

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

Link to post
Share on other sites

Hi fallen,

 

You can get most of what you need for court bundle in library section of this forum you then need to add corespondence, statements, court info letters etc.

 

With regards to your upto date schedule. I have been pondering over this as got court on 15th Dec.

 

What I might do is do a new one including the £100 Allocation Questionnaire fee and the work out the daily interest from date of issue to court date and add that in. Then if they settle before the court date then work our how many days back and knock it off. Alternatively when they negotiate with you you could say well this amount still stands either pay it or i'll see you in court.

 

These are just suggestions see what others think.

 

Not sure if that helps.

 

Tanz

Link to post
Share on other sites

  • 2 months later...

Hi, my problem is that my court case is coming ever closer and my maths ain't good, so is there an easier way of working out the costs leading up to the court case?? I've got to get my paperwork in by the middle of this month. AAGH!! HELP!! I can't believe how quickly it has come up.

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

Link to post
Share on other sites

i've just realised that i haven't sent a schedule of charges before hand. I thought it was something that i didn't have to worry about until i go to court, and other than their defense stating that i didn't give them that and the court requesting that i do this when i make up my court bumpf, i didn't realise you had to. Have i got it wrong, or does it not really matter till sending the court stuff??

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

Link to post
Share on other sites

Thanks mumofthreeboys, I am due to do this in my court bundle, so do i send the whole thing? Why is it important until then? I think i've got a bit confused! Can only do it up to today's date on the spreadsheet, is that adequate and do i put that i have completed it to that date??

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

Link to post
Share on other sites

Guest Mumofthreeboys

You're supposed to send a schedule of charges with all the letters you write, so they have a clue as to where you got your figures from.

 

I think you should send a schedule to Barclays as soon as you can.

Link to post
Share on other sites

thanks tanzarelli, that's what i will do, and going to submit one with the court bundle, court date on 14 March and got to have it in 14 days before, but thought that if i send it now, then they will see that i'm not going to back down and might settle up (chance be a fine thing!!!) When i send it all, do i have to note down that i am asking for the mcol and questionnaire fees that i have incurred, or do they just do that anyway? I think i included asking for it in my claim. Getting scary now, i had grown bored of it as my court date was so far away and now it's almost here!!! Thanks all for your fabulous support and advice 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

Link to post
Share on other sites

They will usually add the mcol and aq fees into settlement. Watch out that they don't forget the daily rate of interest as this is a usual trick for most of them. If however they forget to add these then just inform them that the amount needs to include this before you agree to withdraw your claim with the courts. Also wait until money is cleared in your account before letting the court know.

 

Not long now. :-)

 

HTH

 

Tanz

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...