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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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Fraud by false rep - need guidance


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I've been recently charged with Fraud by false representation (1st offence), for returning a low value (under £50) clothing item to a store for a refund.

 

A week after this, I was arrested because the shop claimed the item wasn't their stock and tags were placed by mistake.

 

This was purchased from their online store if that matters.

 

Now I have a Magistrates' Court hearing and will be pleading not guilty.

 

I am scared for my life and how I will be able to argue my innocence but will demand a trial by jury, which will drag this process for much longer and make it very costly for myself.

 

Any thoughts and suggestions please?

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short. but you need to see a criminal solicitor. if not before, then the duty sol on the day at the mags. you might be entitled to full aka 'legal aid' depending on your circumstances.

 

welcome to cag btw :)

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Hi and welcome to CAG.

 

While criminal matters are not my game I believe you are entitled to representation. Phone around and find a solicitor who does legal aid. Many solicitors offer 30 minute free appointments to gauge whether you have a case or not.

 

As this is a small amount, it is highly unlikely that you will get transferred to crown court.

 

When you were arrested, did the plod not offer you a duty solicitor?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I have filed a legal aid application,

 

 

I will be entitled to some help in Crown court but will have to contribute to it.

 

 

Probably no help in Magistrates.

 

 

Not sure if anyone will be with me when I enter my plea, don't think it is necessary. No idea what else to do.

 

Yes, I had someone with me at the station.

 

 

They will continue to represent me.

 

 

I will ask for it to be transferred so I get a fairer trial.

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as a TOTAL side issue

 

 

when RLP come a knocking TOTALLY IGNORE THEM.

 

 

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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I've been recently charged with Fraud by false representation (1st offence)

for returning a low value (under £50) clothing item to a store for a refund.

 

 

A week after this, I was arrested because the shop claimed the item wasn't their stock and tags were placed by mistake.

 

 

This was purchased online if that matters.

 

 

Now I have a Magistrates' Court hearing and will be pleading not guilty.

 

 

I am scared for my life and

 

 

how I will be able to argue my innocence

 

 

but will demand a trial by jury

 

 

Which will drag this process for much longer

 

 

and make it very costly for myself.

 

 

Any thoughts and

 

 

suggestions please?

 

Where was it purchased from online?

 

Was it the same company as the retailer?

 

If purchased online surly you should have a receipt for the internet transaction and a bank statement to correspond to the transaction.

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Just for clarity

 

You say you brought the item online.

 

But returned it to one of the company's branchs.

 

Now you say you returned it to the same shop you brought it from.

 

Please clarify the situation

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They asked 'was it the same company as the retailer' yes, it was! Bought online, returned to the store that corresponds to it!

 

Ok so you do have a copy of the online reciept?

 

What are they exactly accusing u of?

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This is not a payment issue. It was an online purchase with a valid receipt paid on the same card that it was refunded to.

 

They discovered later that it wasn't their stock and notified the police.

 

 

Struggling to see the issue here.

 

I have constructed a fictious scenario from the information provided.

 

you purchased online 1 x thinggy from retailStores LTD

 

You needed for whatever reason a refund. So you went to a local branch of RetailStores LTD who processed a refund of 1 x Thinggy

 

Its the same company but has a different range to the internet site.

 

the proof of payment shows the product came from the same business.

 

So where is the fraud they are accusing you off. Some information is missing here

PLEASE HELP US TO KEEP THIS SITE RUNNING

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They say the tags were placed on an item that wasn't theirs.

 

You say it was theirs?

Purchased online?

 

Save a copy of the webpage showing it.

Order another online. Video yourself unpacking it.

 

Produce the 2nd one in court.

Ask that they produce the one you returned in court.

 

If you returned (to the store) the one you got online, it should match the second one you purchase online, scuppering their claims you substituted a different item.

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I wanted some advice about court proceedings because I am very worried......

 

 

the crim procedure rules outlines

eg

http://www.justice.gov.uk/courts/procedure-rules/criminal/rulesmenu

part 9 re 'allocation and sending for trial' http://www.justice.gov.uk/courts/procedure-rules/criminal/docs/crim-proc-rules-2014-part-09.pdf

http://www.justice.gov.uk/courts/procedure-rules/criminal/practice-direction/part5

 

but, you really shld see your sol, or the duty sol at the mags on the day. simply requesting a jury trial re either way offence is not really applicable anymore. as you'll see, if under 5k, and within sentencing range, then usually 'must' be the mags

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the crim procedure rules outlines

eg

http://www.justice.gov.uk/courts/procedure-rules/criminal/rulesmenu

part 9 re 'allocation and sending for trial' http://www.justice.gov.uk/courts/procedure-rules/criminal/docs/crim-proc-rules-2014-part-09.pdf

http://www.justice.gov.uk/courts/procedure-rules/criminal/practice-direction/part5

 

but, you really shld see your sol, or the duty sol at the mags on the day. simply requesting a jury trial is not really applicable anymore. as you'll see, if under 5k and within sentencing range, then 'must' be the mags

 

 

Everyone has got the right of a trial by jury. My sol tells me that it can easily transferred after 1-2 hearings at Mags. I believe I will get a fairer trial there. I am in such a mess I don't see if it's worth it fighting or even living.

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Everyone has got the right of a trial by jury. My sol tells me that it can easily transferred after 1-2 hearings at Mags. I believe I will get a fairer trial there. I am in such a mess I don't see if it's worth it fighting or even living.

 

 

not everyone necessarily, depends on the circumstances. i dont know your full circs, your sol does. hence why i reiterate seeing your sol or the duty sol on the day. then your sol can rep you at the mags and try get you into the crown court.

 

ps, i posted the 'rules' you asked for. have a read, prob will take more than 10 mins though if not seen before.

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OK so did you transfer the tags form the one ordered online onto something else?

 

As for your health, I suggest you see your doctor and make sure they are aware of how you are feeling.

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