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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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'No Parking Sign on private land - by that I mean OUR land


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Hi Guys,

 

I'm a wee bit angry! About 18 months ago we bought a new build house! It has a garage, but the garage is attached to a coach house. Our garage is right at the end and against the wall and so we have a long drive as there is no need for anyone to drive behind us. So my husband tends to park on the drive and I park behind him or vice versa. I'm not 100% sure where the drive ends and where it is a 'public road' but even if it is a public road by parking there the only person it could possibly block is me or my husband.

 

Since the coach house was sold (about 4 months after we bought our house) we have had nothing but problems with them. They are young, but that's no excuse. Firstly they demanded part payment of their buildings insurance because our garage formed part of 'their' building. And then we got letters dictating what we could and coudn't keep in our garage. I was livid and wanted to fight it, but my husband looked at the deeds and saw it did indeed say they were entitled to ask for 1/6th of the buildings insurance for the garage - he paid it - behind my back - I was willing to fight it but he just wants a quiet life.

 

Last week we got a knock on the door asking if my friend (who had just popped over for a chat) could move her car as it was parked behind mine and was obstructiong them - I really don't see how it was, but, my friend moved it anyway - even she came back and was confused as to what the problem was.

 

Tonight my husband has come home and there is a sign right behind out drive, next to my car saying 'no parking', the land it is refering to is either OUR land or, public land - it certainly isn't theres. Tempting as it is to rip it down I'd rather do the right thing. I can grab the plans and see if it is on our drive - but then what, do I go to the police and say someone has vandalised our land? If it is public land do I contact the council?

 

I am so angry but do not want to be hasty, and want to be the grown up here.

 

What do you guys suggest?

 

Thanks in advance - sorry if I missed anything or if I'm in the wrong place - I could be wrong as to who put it up - but someone has.

 

Am I right in thinking that no one has any right to do that?

 

Thanks

 

Sam

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I don't see why you are so angry apart from the parking episode you are in the wrong, you should have checked the deeds when you moved in getting angry with your new neighbours because they are asking for money you legally owe them is hardly going to foster a good relationship is it?

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If it is your land, then they have no right to put up a No Parking sign and neither do they if it is Public Land, I would think.

 

I guess the first thing you need to do is establish just whose land it is.. then take it from there :)

 

A friend once said to me if we were allowed to own guns as they do in America.. we would end up shooting one another over parking !!

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Hi Ezychic,

I always say if you're going to fire a gun make sure there are bullets in it.

So how to get those bullets.... Well for a start you can claim adverse usage which in laymans terms is possession is 9/10ths of the law. Check with land registry what the actual boundaries are and ring the council to check the position regarding any rights of way. If you want to further this i would advise you that you will be in it for the long haul, you will need a specialist boundary dispute lawyer.

So go and get those bullets and post back here with the details.

Kind regards

Gbarbm

Gbarbm

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All I can say is thank god you are not my neighbour!

 

????? You would put a sign up on your neighbours land saying no parking and then be p*ssed off when they parked there?

 

We have parked there since the house was built, it's our drive!

 

Or - you would stop parking on your drive because someone put a sign up telling you you couldn't park there? (when you have paid £250k for your house).

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just pin a copy of the deeds on the notice

 

dx

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We have parked there since the house was built, it's our drive!

 

 

Just as its your garage but you refused to pay the insurance on it when asked and still think you shouldn't despite the fact the deeds you signed when you moved in said you should? If my neighbours put up a sign I would speak to them and ask what the issue was not waste my time slagging them off on a website.

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I think the advice in post 6 is spot on. Stay calm for now, do a bit of research, and if you are satisfied that you have free use of that land and it's none of their business, and you're not causing some kind of problem for them, put it in writing to them, rip down the sign and you're OK again. (It might be a bit optimistic to think you will remain on friendly terms with them though.)

 

Assuming you are all clear to park there, you may also consider fencing it off somehow.

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Just as its your garage but you refused to pay the insurance on it when asked and still think you shouldn't despite the fact the deeds you signed when you moved in said you should? If my neighbours put up a sign I would speak to them and ask what the issue was not waste my time slagging them off on a website.

 

What can I say other then you seem so chilled out! If I'm ever around your way I will live free in the knowledge that I can put signs up on your property indicating what you can and cannot do.

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Hi Ezychic,

I always say if you're going to fire a gun make sure there are bullets in it.

So how to get those bullets.... Well for a start you can claim adverse usage which in laymans terms is possession is 9/10ths of the law. Check with land registry what the actual boundaries are and ring the council to check the position regarding any rights of way. If you want to further this i would advise you that you will be in it for the long haul, you will need a specialist boundary dispute lawyer.

So go and get those bullets and post back here with the details.

Kind regards

Gbarbm

 

Hi, already checked the land details as we have them here (we got a copy with the house). By rights or way do you mean they may need it for access? Not at all - our garage is in the corner. right up the side of it is a wall (which we park against), perpendicular to that wall is ours and next doors garden gate and a wall. it's a complete dead end. The only people that would ever need to access it is us.

 

I was just wondering whether we should just pull the sign down or whether we should make them remove it and repair the damage they have done to the wall (the deeds show it as ours).

 

Will contact planning tomorrow and the local council to double check - if for whatever reason it is on council land will see what they suggest re removal - as in do we do it or do they.

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Maybe this is in the wrong forum? Seems to me that it is a property issue rather than a transport one.

 

Hi, thought parking as it was a random parking sign - propert isn't in question. Not to worry will see what the best action for removal is tomorrow.

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Hi Ezychic

Let us know what the council say....oh and one other thing, I note you said your property was a new build, do you have any documentation from the developer which may give details regarding the coach house?

Gbarbm

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Hi Ezychic

Let us know what the council say....oh and one other thing, I note you said your property was a new build, do you have any documentation from the developer which may give details regarding the coach house?

 

Hi,

what kind of documentation?

 

I think TBH they were told a load of lies by the sales guys and STILL don't see they were taken for a ride. I remember ages ago them mentioning not parking where we were (as in on our drive) as they wanted to put two cars on their drive like the sales girls said they could. And if we kept parking on our drive they would be blocking us in - I remember being baffled as to how anyone could imagine getting two cars there without blocking access to what was quite clearly our drive.

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Hi Ezychic

Let us know what the council say....oh and one other thing, I note you said your property was a new build, do you have any documentation from the developer which may give details regarding the coach house?

 

 

What kind of documentation?

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Just checked with a mate who is a conveyencing solicitor - he says no rights at all to put the sign up. Contact the council re: removal so we can't be accused of theft.

 

Does he specialise in parking matters then? Sorry but in my opinion this is a property dispute. Parking regulations (private or otherwise) have nothing to do with this unless someone has been clamped or issued with a 'parking charge notice'.

 

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What kind of documentation?

 

 

Deeds and the like.

 

I think initially this was a parking issue.. regardless of whether it was not to do with fines or clamping.

 

IMHO, it is slightly irrelevant because the OP has attracted comment/advice.

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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