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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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Return of Goods Hearing - do courts take circumstances into consideration


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Hi

Hope someone can help.

I bought a car in 2009 on finance.Paid every month till I lost my job in May 2012. Continued to until money ran out. Got another job where own transport is essential but less than have my previous wage. I advised GMAC I wwas struggling with the payments but they would not set up an arrangement.

 

Cut a long story short, my friend/partner offered to settle the finance, fix the car and sell it on to claw back his money. He was also going to provide me with another vehicle to get me to work and back. He called the finance company who said fine, but needed my authority. I called up 48 hours later only to be told that a new law had just come in today and a third party can no longer settle any finance. My only hope of settling this mess gone. I rang a few times but got nowhere with GMAC who stated that only I could settle the account. They have now proceeded to court to repossess the vehicle which will mean me losing my job as I do not have any other mean of travel and public transport does not run from where I live to where I work.

Will the court take into consideration my offer to settle that was rejected (by fabrication as I have never been able to find such a law that was passed on 9th November 2012) and my circumstances. Or am I wasting my time disputing. I feel that GMAC have treated me unfairly and done everything to prevent me settling with them. Initial finance was £18,000, now owe £4600. Do I stand any chance at all.

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If they do issue court proceedings you can defend and ask the court to allow you to make payments going forward - as you have already paid for almost 4 years I cannot imagine the court allowing GMAC to repossess the vehicle.

 

Couldn't your partner transfer the money into your account and you then pay GMAC ?

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Hi

Thanks for your responce. My friend was settling the amount on his company credit card the fixing and paying the creit card off when he sold the car.

 

GMAC have issued proceedings.. Date set for April 8th. Is it worth me giving me side of the story?

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Yes, you should definately defend their claim. Did you receive a defence form with the claim? if you need help with drafting a statement for it please let me know.

 

Do you have proof of all the payments you have made on this agreement (you should get annual statements fro GMAC)

Do you have copies of any letters you sent to them advising of your problem with payments - and also any letter from them refusing to set up an arrangement?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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It is not unreasonable for them to refuse a third party credit card payment. It's a well known tactic of fraudsters to use stolen credit cards to pay off someone else's finance in exchange for a vehicle, then sell the vehicle on. Turns a stolen credit card into cash. So that won't be a defence for you. Can you pay the balance by instalments?

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