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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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12 Days plus 2


dive1082
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Yes use the account in dispute letter from the CAG library

( green tab top LH side of forum)

Always head I do not acknowledge any debt to you or any

company you claim to represent.

Any lawful request for documents or information is

not an acknowledgement of liability.

 

Brig.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Hi all,

 

I have sent this letter today to the DCA's and will keep you updated of their response.

 

 

"Dear Sir/Madam,

RE: ACCOUNT IN DISPUTE − Account/Reference Number

 

Thank you for your letter, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On XXXXXXXXXI made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/78. This was acknowledged by you in your recent letter.

You have failed to comply with my request, and as such the account entered default on 06th December 2011.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become currently unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

 

I look forward to hearing from you. This should be in writing; I have no wish to correspond by telephone.

 

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Dear all,

 

After sending the letter to the DCA's telling them that they haven't provided me with the copy of the agreement within the timescale, I have received 5 letters (all identical) from one of them. The letters go like this:

 

"Dear XXXX"

 

We are waiting for your credit agreement

 

I am afraid we have not received a copy of your credit agreement from XXXXX yet. They are still trying to retreive it from their archives. We have placed your account on hold until we receive further information.

 

When we have received it from them, we will post it to you straight away.

 

We won't write to you again until we have the agreement but if you have any questions in the meantime please call us on XXXXXXXXX"

 

 

So, does anyone know what I can do now? They have failed to provide it within the legal time frame.

 

Thanks all

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The ball is in their court now. I would now forget them until they come up with the goods (if ever)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi all,

 

Does anyone know how I would go about trying to get these removed from my credit file? Is this possible? This is the bit I am interested in as it will make no real difference if it stays on my file even if I pay it or not.

 

I don't know what the process is now that the DCA have failed their statutory duty.

 

Anyone help out?

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Hi all,

 

I have had a response from one of the DCA's regarding the 12 day letter I have sent. Does anyone know where I can upload this for all to see and advise me on it?

I have uploaded them as an attachment but don't know if theis is showing on here.

Regards

 

Dive1082

Cabot response to 12 day expiry.doc

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It's posted ok, seems they have suspended all collection activity

as they cannot retrieve the agreement.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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This looks like thats what they are saying Brigadier....

 

Is there a way to get this off my credit file as this is a disputed credit agreement? Also, this is a duplicate agreement on my file as the original creditor is showing as well as this DCA and both are in default which makes it double bad.

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Ok, this time of year is going to make it difficult to

conclude much.

The fact that an account is disputed is not going to

get entries removed, you must place a notice of dispute

on all the CRAs displaying the entry.

Write to both the DCA and the creditor as a formal complaint

stating that there can only be ONE DEFAULT ENTRY ON ANY

ACCOUNT, copy this to the CRAs and give a 14 day limit to

reply or you will report the matter to the ICO.

Brig.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Dive, keep it ad hoc this is a very much individual complaint.

Start by laying out the events chronologically, then state that

ONE DEBT ONE DEFAULT the current one should be the one

from the DCA wich should be just an amendment of the original

entry and must be dated at the same default date as the original.

 

Brig.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Would something like this do Brig:

 

Thank you for your letter dated 13th December 2011, the contents of which have been noted.

 

I would like to formally complain regarding this account as I do not recognise this account or debt. As you are unable to provide me with the copies of the original signed credit agreement, I can only assume that this matter is now closed.

I would also like to complain that according to my recent copies of my credit file, this account is showing as a separate credit account that is in default. This is in addition to the account that is in default from the original creditor. This in effect shows two accounts in default for the same account which is not correct.

I am now formally requesting that these accounts be removed from ALL credit reference agency records within 14 days of receipt of this letter. Failure to do so, will result in a complaint to the information Commissioners Office, the FSA and the OFT.

Yours Faithfully

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dive that's great, it doesn't look as if it has been

copied or templated, that can be copied to all parties.

 

Brig.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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