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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.
    • New version after LFI's superb analysis of the contract. Sorry, but you need to redo the numbering of the paras and of the exhibits in the right order after all the damage I've caused! Defendant's WS - version 4.pdf
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Do you think its a good idea for me to offer to pay just the original loan minus the charges £400 - £45 so offer£365 as they have already had 8 times the one months interest from extension fees which i never asked for/ agreed to. Or will I have to add on one months interest making it £481 to offer.

 

Until the figure is agreed to I wont be able to work out exactly how much i can pay a month so wont know how much to offer on a repayment plan. so should i just offer an amount I know will be doable and then increase later?

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Wow. sorry for some reason this never got bumped and i lost the thread. Gimme a min.8

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Ive had a reply to the cca request from payday express here is the information.

 

Loan amount £400. over 28 days total to repay £516

 

I have had extension fee of £116 taken from my bank account on 8 occasions totaling £928

plus 3 default charges of £15 taken totaling £45

 

And this leaves me with an outstanding balance of £632 which equals the original amount plus one more extension fee of £116.

 

I now want to write to them with the object of arranging a repayment plan. But would it be worth me trying to say I will only pay a certain amount as what they want is unfair?

 

Thank you

 

 

Ok. First, you could complain about them as they obviously havent taken your circumstances into account, as they have allowed you 8 rollovers. Also, the default charges are completely unenforceable and you should either reclaim them ( if they terminate the contract), or deduct them from the amount they say you owe.

 

As for a repayment plan, take some time and work out a detailed I&E for your eyes only. You need to get yourself on a budget so you can manage your debts. Under NO circumstances send the PDL the detailed I&E.

 

Remember, a PDL is very low priority. They are on the level of catalogue debts so they arent important, even if they think they are. You offer what you can REALISTICALLY afford without neglecting your day to day life or your priority bills. If this means they get a fiver a month, or even £1 a month, then thats all they will get. If they are stupid enough to go to court, a judge would side with you as you can clearly show you want to pay the debt but they refuse to agree. In some circumstances, the courts can reduce the debt significantly or even wipe it.

 

So as you see, there really isnt much to worry about. What you can do is work out your repayment proposal and remember, keep it realistic. Dont be pushed into something you are going to struggle with and cant stick to.

 

Also, feel free to draft a letter, post it up and we can tweak it. We know how PDE work and they are pretty easily dealt with. However, its best not to use a template letter with them as they normally ignore it or bin it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Thanks for the reply great info for me.

 

So today I received a reply from MMF for the details of my peachy payday loan. The first thing to note is that despite me clearly stating it in my letter the postal order was used against my balance. Also the reply doesn't include a full statement of the account. All it has is the original payment plan ( i had a 2 month loan ) and the amount I now owe. So I cant tell what they have already taken and added on in interest and fees.

I should of repaid £301.53 and my balance is currently £531.53.

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Ignore MMF. They have no regard for the law and even do borderline criminal practices. If they fail in their duties once, get a full complaint to rob sands - compliance director for MMF. They have also breached OFt guidance and regulation by using the CCA money as payment to the debt.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 2 weeks later...

A quick update on where I am currently with this.

 

Pounds to payday: Added no charges or interest and accepted my payment plan straight away

 

MMF/Peachy: Replied to my request without a detailed statement and used my £1 postal against the balance. Have sent a complaint letter regarding this.

 

Opus/Minicredit: No reply received.

 

PAR/Wonga: Had reply saying my request has been sent to wonga and I will get a reply from them. As of yet ive had nothing. They also returned the postal order.

 

Payday Express: Replied in time with all info. Have written to them with regards to paying back over with a repayment plan.

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