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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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Doogie v Halifax


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Having fallen foul of bank charges when I was student and then during the last couple of years when starting my career and having to find somewhere to live in London etc. I had a glance through my last year's statements which I view on line and noticed I have clocked up quite a few. I called Halifax and asked for my statements for the 5 years previous to that claiming I needed them urgently for a meeting with my financial adviser. I was told they would be sent immediately. Naturally, I didn't receive them and after some stern words with customer services on Friday night, who informed me I had never made a request and such requests must only be made in writing, they arrived yesterday. I've totted up £1,500 in total (although I am missing one statement for April of this year which I need to check). Therefore I am going to prepare my letter requesting repayment.

 

I'm a bit concerned about them wanting to close my account though, as I don't think I'm going to find another that will give me the same level of overdraft etc. However, looking at these posts it would appear that Halifax don't usually close accounts - is that right?

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yes it would be unusual for them, however you need to know there is a chance they might, usually you get a slap on the wrists and get told if you are a naughty boy again they will look more closley about your account.

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They've just made me quite a generous offer and they have said in the letter that they reserve the right to close the account if it is not managed properly in future.

Halifax - click here to see details

27th June: Data Protection Act request sent.. finally received full statements 84 days later

27th September: Preliminary letter sent for £1653

11th October: Offer made for £1163 (70%) - decided to accept

12th October: Offer acceptance posted

20th October: Refund of £1163 recieved

 

Capital One

12th October: Data Protection Act request sent

17th November: Preliminary request sent for £360

 

GE Money

12th October: Data Protection Act request sent

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Many thanks guys.

 

One other question in respect of interest. I accept that I obviously cannot claim in respect of interest charged on my overdraft as that is what I agreed with the Bank, but I note from these threads that people have been claiming for interest. There is nothing on my statements which says whether I have been charged a higher rate of interest for going over my overdraft limit or not and I was wondering how, if possible, you can work this out.

 

Thanks

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  • 1 month later...
  • 2 weeks later...

I haven't even had an acknowledgment to my complaint and the 14 day deadline expires tomorrow. Is this normal? I thought from the posts that most people had received some form of communication from Halifax when submitting their prelim letter. If there is any danger of them not having received the letter, should I hold off sending the Letter Before Action?

 

Thanks

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Hi Doogie

 

I would stick to your time scales.

I have read several threads from people that sent SAR before me and didnt recieve statements, whereas I got mine within the 40 day period, seems to be a bit hit and miss with them at the moment... they are obviously trying to keep up with everyone that is requesting this information!

From info I have read on this forum if your claim reaches court they will deem that Halifax recieved the letter approx 3 days (dont quote me on exact time scale!) after you posted it, assuming First Class, so no worries for you about them saying they didnt get it!

 

My suggestion would be to send your LBA as per your time scales, I sent mine off yesterday so just a waiting now! ;)

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I think I'm in the same situation , i'm claiming £1500.

 

I sent my 13 days ago and i've had nothing back from them at all, Not even a phone call.

 

They have 1 working day to respond to me , before I will be sending my LBA. (I actually haven't got the cash to take them to court right now, may have to borrow it)

 

If you keep in line with your timescales you should be fine.

 

If you don't receive a response , simply send your LBA (or your next letter)

 

Did you get proof of postage ?

 

I got my proof of postage , it's free, just go into the post office and ask for proof of postage and hand your letter over, they'll give you a receipt for it and post it off for you.

 

Of course another Idea is to call the Halifax and ask if they have received your letter, May be a worth while idea telling them you had proof of postage anyway , this way they're more likely to admit they have received it.

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Hi all,

Couple of things whilst I stick my twopence worth in!

 

I read above about one working day. Deal in calendar days! When you send a letter with a 14 day deadline, allow two for postage, and after 16 do the next thing. As far as I know this is the 'reasonable' actions court looks for.

 

Secondly, I appreciate that cash can be tight but the cost of a stamp and recorded is £1. Then using the 'track and trace' facility on the royal mail website you can see that it was DELIVERED (and when) and not just posted. Halifax are buggars for 'losing' mail.

 

Finally, If anyone is struggling to get replies or action etc. This woman, who must be sick of me giving out her name, has been very helpful.

 

Kelly Duffy

Senior Customer Relations Manager

Executive Office

Customer Relations

Direct Dial 01422 326326

Fax 01422 326688

[email protected]

 

There are more contact details in my thread. There is a link in the signature but I think Halifax have stolen it!

 

All the best everyone

 

A D

[sIGPIC][/sIGPIC]"Another charge by the Bank?"

 

1st Claim (Current account)

30/11/06 WON! £3146.41

 

2nd Claim (Mortgage charges)

27/3/07 WON! - £277

 

3rd Claim (Credit card charges)

14/5/07 WON! £300

 

4th Claim (Old account 97-99 £444)

20/4/07 Prelim sent

9/5/07 LBA sent

Can't remember now but I WON!!!

My current thread - An A-Z - My previous saga

 

IF THIS HAS HELPED PLEASE CLICK THE SCALES - THANK YOU.

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  • 3 weeks later...

Okay, things have been a little delayed as I was sent away on business which put a spanner in the works and haven't yet sent my LBA. However, I've just received a letter with the usual guff about having to pass on costs etc. and an offer of £1,017. This is roughly two thirds of my £1,600 claim. I'm going to press ahead for the full amount, but wonder what to do about responding. Should I simply send in my letter before action now, or combine it with a letter declining their offer? It would seem that I can't accept this as part payment as the offer is based on my agreeing that the it is in full and final settlement. Any help appreciated.

 

Thanks

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Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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  • 2 months later...

Well, having had to go abroad on business, I haven't been able to do much about this. However, I sent my LBA (accepting offer as part payment but preparing to sue for balance/or all) over two weeks ago and failed to get a response. Have just applied some fresh charges to my spreadsheet and gave customer services a call to see if they had received my LBA. They informed me that they have and want to settle. Very pleasant lady said they've based their offer on highest two years charges. I told her the amount I was about to sue for had now changed due to recent charges. She said that mean she would have to apply fresh calculations but would like to do this and call me in order that we can settle. I told her that I would only settle for the full amount and I was merely calling to ensure the LBA had been received and I was now ready to file my claim with the court, after which they would become responsible for costs and interest. She said she would try and call me back today or first thing tomorrw to try and settle. I made it clear, politely, that if she didn't come back with an offer for the full amount, I will issue. Let's wait and see...

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As promised, the lady phoned this morning having recalculated what my charges were and came up with a total amount £200 higher than I had calculated (£1,800). She then made an offer of £1400 which I declined. She then asked me what amount would I settel for and I said the whole amount of £1,800. She then agreed to pay me this and said that it will be paid into my account in 14 working days, but is most likely to go through within the next couple of days and I don't need to sign anything! Job done

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