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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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ive messed up big time but ****WON****


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Give them a weeks notice to file a defence, or you'll apply for judgement in default. Use this - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/34232-judy-3.html#post495803. Take note of the instructions on that post regarding faxing SC&M with it as well as post, plus sending a copy to the court.

 

If they don't respond within 7 days, then file for judgement.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Give them a weeks notice to file a defence, or you'll apply for judgement in default. Use this - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/34232-judy-3.html#post495803. Take note of the instructions on that post regarding faxing SC&M with it as well as post, plus sending a copy to the court.

 

If they don't respond within 7 days, then file for judgement.

 

Unfortunatley i once again shot my bolt early (not unusual the wife says)and applied for judgment earlier today at the court ,as i read on another thread that the court struck out the defence by default and they were paid within a week. Only since reading others have i realised they will apply to set it asside,giving them more delaying time.

I have read the JUDY letter,it would have been perfect but is it not now unapplicable as i have already (stupidly) filed for judgment by default?

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I faxed this to S.C.M today

 

Dear Sir/Madam, 6/02/07

Re:Claim no 6QZ61854

 

I write in relation to the above claim and specifically for the proposals you intend to make to me in order to settle the claim, before a court hearing as per your request in the allocation questionnaire dated 30/10/06.

 

You requested a stay to be ordered , in order that a settlement is reached by way of negotiation. And as yet you have failed to contact me once in the three months since the AQ.

 

I am writing on the assumption that your request to the court was made in utmost good faith and with the genuine intention of resolving the matter in hand, rather than merely an attempt to further delay proceedings in this case. I trust that as the representative of a reputable and esteemed organisation, you would not hold the honourable court's order in such contempt as not to respond to this letter positively and in the manner in which your request for the stay has indicated.

 

As such, I will expect a response within two weeks prior to the date set by the court for the directions hearing 12/03/07 informing me of how you intend to proceed.

 

A copy of this letter has also been sent to the court.

 

Yours faithfully

 

As i said yesterday im now worried they will ask to have my default judgment set aside and i was wondering if anyone could help with any ideas regarding sending a letter to the court to the judge, asking him to consider very carefully their request (to set it aside) as i see it as yet more time wasting tactics from a defendant whom has yet to even defend one single case in court ultimitley because they do not believe in the strength of their case.

Does anyone think its a bad idea to compose such a letter?

Thanks.

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Just wait for the default judgement to come through now - there's not alot you can do untill it does. They may try to set aside, they may not, you just have to cross that bridge when you come to it.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Thanks Gary ill do just that,the only reason i was thinking about writing a letter to the judge to try and disuade him from letting them set aside was because he seemed fully aware at the ammendment hearing of how they put off and put off the inevitable conclusion to simply try and get people to drop the case through frustration.

 

P.S do you think the wording of my proposal to settle letter was okay(even though most of it was your text, so sue me ,just kidding B.T.W)

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Yes, thats fine - sending it certainly won't do any harm, you've nothing to lose and everything to gain.

 

Don't worry, I won't sue! There's no copyright on any of my letters, in fact if people are getting benefit out of them then thats great.

Please remember to DONATE! Help CAG keep up the fight!

 

 

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Glad to be of help:)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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I got a letter this morning from the court saying

 

1. This matter is to remain listed for hearing at court for the 12/3/07.

2. No judgment to be allowed.

 

So it looks like i should get the new draft order ready for then, also has anyone been to a directions hearing ? Just to know what is expected of me and what i should take along.

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Here you go, this should tell you all you need to know -

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/64911-got-court-date-guide.html

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 2 weeks later...

After a very bad last week (fell off a roof breaking six back vertbreae my chestbone and little finger for good measure) i got some great news when checking my account online

THEY ONLY BLOODY PAID UP!HALLELUJAH.

So i would like to thank everyone who has posted on my thread and other usefull threads, also the moderators and especially Gary H who has given so much of his time and effort to help others who are not so comfortable dealing in such matters.

THANKS AGAIN!

The other thing is it was paid in on the 19th of this month but as it seems with others there has been no correspondence from S.C.M(who are ye,who are ye) or Lloyds telling me of there intentions.

Although im off for a good 2 months a least (with flat wages)i will still be donating to the site as it would not of been possible without the templates , legal knowledge and expert advice passed on so brilliantly.

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Geez, I'm not sure whether to congratulate you or not!!! The accident sounds awful - hope your back on your feet soon.

 

Anyway......

 

CONGRATULATIONS!!!

 

Fantastic news, well done!!!:D:):D I'll see that your threads title gets changed to include **WON**

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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After looking through the letter temps i cant seem to find a letter to send to the court telling them they have settled (in payment only) i was wondering if i need one or will a phonecall to the court suffice?

Thanks.

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I thought i had seen one by gary at some point thanks for that, did you see the banks sweating on Trevor macs show tonight(tee hee)

Everyone now knows what we have for some time that £4.50 is what it costs to return a d/d or s/o etc. And according to the show they seem to think in March the O.F.T will either rule in favour of a return of the monies levied without all of this hulabaloo or more in favour of the banks,either way i best get a S.A.R request into my fiancees Halifax account sharpish and my result this week gives me a lot more confidence to do so.

I suppose thats one good thing about being off, I can now devote quite a bit of time to this new one and get more less everything in the early dialogue printed off ready to send off (and hopefully make a few less, no no more mistakes although probably not knowing me l.o.l)bye for now everyone and thankyou. :)

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