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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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Please help just had a high court enforcement officer at door my heart is pounding.. **Stay Granted**


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Hi,

I've just had two huge men at my door

I didn't answer as they looked scary,

 

they ve posted a high court form no 55 throught the door which has scared me to death

 

it says they can come in and take my things,

 

my husband has a business

 

he has a ccj for the company these people are coming for

 

but he has a court order to pay monthly £50 which he does through direct debit,

 

now the house we live in is mine as I had it before we meet and married so it's all in my name ,

 

I'm absolutely terrified there going to come back please help what should i do?

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Don't let them in! Presumably the CCJ applies to the company, if so and the property is not his they may be on a hiding to nothing. However they may try to have your car away, but won't deal with you by claiming DPA prevents them.

 

Wonkeydonkey and ploddertom are the experts on High Court Enforcement so will be along soon no doubt.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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In that case they may only seize the goods of the Ltd Co.

 

As he already has a Court Order in place for payment

 

he should be asking his Creditor what they think they are doing.

 

The correct way would have been for them to apply to have the Order increased.

 

Are you sure this is definitely for the same debt and not for another that he may not be aware of?

 

Did he give a personal guarantee at all for this?

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thank you ploddertom for your help btw,

 

no its defiantly for the same company,

 

plus the court order is one figure and this letter that has come through the door is nearly two grand more,

 

plus there is no official court stamp on this letter thas has come through the door,

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Sounds like the creditor is ignoring the court and trying to double dip.

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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Post #6

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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It sounds as if the creditor has transferred the debt up to High Court for a writ of Fi'Fa',

that they have done that with a Court order in place to allow the debt be paid by installments is very naughty and it could end up costing them dearly.

 

As PT has already said

 

...the correct way would have been for the creditor to make their application to the Court seeking a variation to the payment order that is current.

 

As there is already an order in place you will need to make an application to stay this writ subject to a further application set aside,

on the grounds the debt is under Court order and has not been subject to default on the payments.

 

You will need to go to HMCT website and download form N244, if you need any help filling that in please come back and ask.

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If the creditor has ignored a court order and instructed the HCEOs anyway (this does happen) then they will more than likely be liable for the HCEOs full fees.

 

Follow the sound advice from wonkeydonkey and ploddertom.

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Calm down and READ.

 

You will need to go to HMCT website and download form N244, if you need any help filling that in please come back and ask.

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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Yes please do calm yourself...get the kettle on. This is nothing for you to panic over, nobody will be coming to break in and take your goods, arrest you or anything else take a deep breath and start by looking at HMCT website and find the form N244. Read through it and the accompanying notes also take a look at form ex160a as it might be applicable to your financial circumstances.

 

Once you get your head sorted come back and ask as many questions as you like, caggers will give you all the advice and support you will need to get you through this/:grouphug:

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Just remember. if they do come again, dont open the door and make sure the door and windows are locked. All they can do then is stamp their feet and come another time.

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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Dont worry. Someone will be around soon. Sit tight and youll get advice :)

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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