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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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Idem Claim form - Lloyds Loan -***Claim Discontinued***


Tiredngrumpy
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as soon as you get a claimform

 

theres no harm in sending another CCa request

either

even though it might not be applicable

or you've sent one before the claim arrived

 

as theres a doubt here it IS a bank account

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks DX,

 

Regarding the doubt over the type of account here,

 

I'm 99% certain this IS in connection to loans.

 

The SAR info suggests so and so does the PPI paperwork.

 

"Oleg" also picked up on this point in an earlier post

 

and point 3 of their statement of particulars rather shoots them in the foot if they think otherwise wouldn't you say?

 

Does a new CCA request go to the dca or the solicitors address at this stage please?

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sols

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The claim has now been acknowledged on MCOL with my intention to defend all.

 

I've sent off a new (2nd) CCA request and CPR disclosure request to the solicitors via special delivery yesterday.

 

My main/first line of defence is a lack of agreement and their failure to respond to my CCA request at this stage BUT there's still this grey area over the type of debt. (I'm 99% certain this is for loans but they say it's for an overdraft.)

 

Is there anyone with insider knowledge of how the banks "package" defaulted loans? Could it have been that they used my current account overdraft to accumulate the defaulted loans onto? - I'm only speculating here and trying to cover why they may think this is linked to my current account.

 

When I still had a repayment plan with Lloyds/BLS the statements were always for one large amount which was the sum total of the 3 seperate loans added together. I don't have any paperwork to suggest this is in any way linked to my current account .

 

Can anyone assist me with my defence please?

 

Thanks

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Is not unusual to amalgamate loans and overdrafts...but it makes life simpler for the claimant to plead its a current account as the paper trail will be minimal and easier to get judgment on the balance of probabilities.

 

If you are sure that they are consolidated loans then you must fight it as that and request copies of the agreements etc.

 

Regards

 

Andy

We could do with some help from you.

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It's now been 7 calender days since submitting a request to disclose (CPR 31.14) to their solicitors. We've obviously had the Easter Bank holiday during this time so I'm not sure if this affects things?

 

Baring in mind I now have a week left in which to submit a defence, what would be a suitable course of action? - Embarassed defence?

 

Thanks

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No such thing as an embarrassed defence you submit a defence that puts them to strict proof.

 

Regards

 

Andy

We could do with some help from you.

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Sorry andyorch, Please can you explain a bit more?

 

This is all new to me and I thought I'd read posts where the claimant had not responded to disclosure requests and the defendant included a section within the defence stating they are embarassed into defending with a lack of information?

 

Is there a draft defence that 'puts them to strict proof' please?

 

Thanks

Edited by Tiredngrumpy
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There are defences as such but I have no idea what it means or who came up with the idea and are not CPR compliant who ever drafted it.

 

Most of the threads surrounding yours or at least on page 2 of the Legal Forums contain defences that put the claimant to strict proof to disclose.

 

Regard

 

Andy

We could do with some help from you.

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Thanks for clearing that up.

 

I assume the correct action is to apply for a directions order to the court to "force" disclosure or strike out?

 

This may seem a daft question but is the cost for an order added to the case costs or payable up front by the defendant?

 

Thanks

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No thats not the correct approach again that idea was dreamt up by the person who devised the " embarrassed defence "

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Oh ok,

 

It seems I'm not achieving anything from the posts I've been reading as everything is incorrect.

 

I'm not sure what you mean by "post 2 of the legal forums"? Do you literally mean the 2nd page of peoples cases or is there a sticky?

 

I'm finding this rather hard going as everything I seem to have read is wrong. :sad:

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Page 2 of the legal forums not post 2 will contain ongoing threads were posters have already submitted their defences..their are some on this page.

 

Evereything you refer to is old..times have changed.

We could do with some help from you.

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It's not that I've done this before in days of old or anything. I've just been using the site search tool at the top of this site.

 

Sorry "post 2" was a typo.

 

So to be clear, I don't apply for any orders, write to anyone else, just submit a defence using info from page 2 here?

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Yes thats the procedure...obviously you edit any defence to suit your situation ...once you have submitted your defence then their will be plenty for you to do. look at the dates of the threads you are viewing...obviously if it 4 years old look for something fresher.

We could do with some help from you.

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Unfortunately I'm still struggling to find anything of relevance to support a defence in my case within the first few forum pages. :|

 

I've been thiking about the letters I have from Lloyds and Idem stating no CCA exists..

 

A) Can these be included as evidence in my defence?

 

B) Would Estoppel apply if they try to argue the debt is for an overdraft. (I have no clue how Estoppel works at this stage, just some brief reading.)

 

Thanks

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I've started working on a defence now which I will post up in due course.

 

How do I go about including some background details to the case please?

- I was thinking of including the covering letter I received from Lloyds with my SAR info which clearly states

I had 3 loans and no agreements are available for these.

 

I don't know where or under what heading this should be in my defence?

 

I could also include some of the other SAR info which shows the loans ad up to the same amount which is then shown in statements

(proving a link to this debt and the fact it IS for loans and therefore should need a CCA or 3 in fact.)

 

The only downside I can see to this is that I will be disclosing original account numbers which could help them with forging CCA's?

 

Any assistance please?

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you have until the 2nd of may?

 

the DQ is where you go into details

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you have until the 2nd of may?

 

the DQ is where you go into details

 

Thank you for the response dx100uk.

 

Yes, 2nd of May sounds about right I think but not sure if you were questioning the cut off date or my timing? - You've worried me now. :???:

 

DQ = Directions Questionnaire, yes?

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  • 2 months later...

Hi,

 

I haven't posted for a while..

 

I submitted my defence before the deadline, I also wrote a letter to the sols asking for disclosure of the docs metioned in the PoC under CPR.

 

They replied saying they required 14 days and could I ask for an extension. - I ignored their request as I'd covered non disclosure in my defence.

 

I checked that the defence was with the court on the Royal Mail Tracking Website and it was.

 

All went quiet so I called the court after about a month and was told it was still waiting to be looked at.

 

Today I have received a letter from Arden stating that my debt will be passed to Wescot within 5 days of the date of the letter which is dated 27th June, so basically it's happening today. It doesn't say it's been sold, just passed to Wescot to be collected on their behalf.

 

WTF?? :!:

 

I'm guessing Wescott are still under the Paragon umbrella?

 

Surely they can't do this while my account is in dispute with pending court action?

 

Any pointers on a course of action here please?

 

Thanks

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Ignore them they cant do anything...as you state its now a matter of litigation.Shows you how competent they are they dont even realise they are in the middle of suing you.:-)

We could do with some help from you.

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Thanks Andyorch!

 

Just phoned the court to make absolutely sure nothing else was happening and

 

they said that the case is STILL being processed,

 

it went to the DJ about a month ago so they're not sure what the hold up is

and have put a query note on my file to find out what's going on.

 

I mentioned the latest letter to the court assistant who told me there was a bar on any action being taken by the claimant until the DJ had commented.

 

- Not sure what that's all about?

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If you have not received a directions questionnaire N180...its going nowhere ..the claimant has not responded to your defence if your submissions exceeds 28 days.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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