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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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Paul V's Abbey


firefly1975
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Hi all... Havent had a chance to check the forum in the last couple of weeks.

 

Thanks dozerblue.. Good luck to you as well.

 

 

 

Ok, So abbey had untill the 30th april to submit details of when i was overdrawn.

Easy enough info (and non-incriminating) to come up, but as some of you said, when i phoned the court today abbey have failed to submit anything as yet.

 

The court told me i should fill out a request for judgement asap (a much more helpful and supportive clerk than the one i spoke to before).

 

I have friday afternoon off so intend to submit my request for judgement then.

 

 

A couple of questions.

 

Anyone with experience of requesting a judgement... How long does it normally take to get a decision and then if in my favour how long will abbey have to pay me?

 

Also when i make the request i must add interest since filing my claim and the £100 for my aq.

 

Is it also possible to claim any costs... eg. the 10 odd recorded letters, paper, time, the 3 half days i have taken from work etc etc ?

 

Or do i now settle for the claim plus interest without costs ?

 

Thanks guys/gals

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Just come across another matter that slightly worries me...

 

Whilst looking through my figures for the judgement request, I noticed that the formula i took from this site to work out the daily rate of interest doesnt actually tally up with the amount that the spreadsheet (also from this site) has added per day since the date of issue.

 

the amount on the spreadsheet is some 8p per day less than the figure placed on the claim form.

 

I will of course be using the spreadsheet figure as i will supply an upto date schedule with the request for judgement.

 

Is this a problem... could my claim be quashed on this?

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  • 3 weeks later...

New Update.

 

I filed a request for judgement on 4th may at the local court.

 

Today (24th may) i received the following from the judge:

 

 

 

To the Defendant

 

You have not replied to the claim form.

 

It is therefore ordered that you must pay the claimant £****.** for debt (and interest to date of judgement) and £###.## for costs.

 

You must pay the claimant a total of £####.## by 14 May 2007

 

 

 

 

What should i do now?

 

Little confused as to the payment date being before i received this letter.

 

Also the clerk said not to get too excited just yet as they could apply to have the judgement set aside ??

 

Should i allow them time to respond?

Should i contact them? if so who?

Should i just go ahead and seek a warrant of execution now ?

 

Thanks for all your help so far

 

Paul

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get the execution in its been over a week

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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get the execution in its been over a week

Your right of course, however from when i spoke to the court i got the impression that they were sent the judgement at the same time as they sent it to me as such abbey would have only received it today or yesterday as well

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Hi Firefly

 

You asked for timescales...

 

I got judgement at N1 stage, Abbey didn't acknowledge (they should have by 16 April) on 18 April I filed for judgement in default saying I wanted the cash by 7th May, then it all went quiet,

I got the Judgement for claimant on 30th April and then I got a copy of Abbey's defence (from Abbey - can't remember the date but after I got the judgement order) I rang the court and they said the judgement stood and then the cheque arrived on 4th May!

 

Hope this helps!

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  • 2 weeks later...

quick update, been busy so havent had time to visit the court till today.

 

Its now 22 days past the judgement date and i havent heard a word from abbey, no letter, no email, no phonecall and definately no cheque.

 

The court were very surprised that abbey hadnt paid or applied to have it set aside or contacted me in anyway.

 

so i filed my warrant of execution.

 

no idea what happens now or how long it will take.

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oooo that is exciting, i think that the baliffs will contact you and ask what branch you want them to go to, personally i would have it at my local branch and pop along with certain members of the press and pBC and Sky and watch all the fun :D

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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The Warrant would be issued to triton square as thats where all contact has been directed and was the address on the claim.

 

Really dont know anything about what happens now, I assume the court will contact them giving them a final deadline before the bailiffs are sent

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The warrant will be issued to wherever the claimant wants it to be executed because the baliffs will ask

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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I assumed it would be issued to the address on the warrant form (triton square), not really bothered where, just the result concerns me.

 

From reading the court literature i'm of the impression that they will have another chance to pay now anyway, so i would doubt it would come to the bailiffs anyway... Though i may well be wrong

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Today i recieved a cheque for the full amount :D

 

However, this was sent before i filed my warrant, as such i am down £55.

 

Is this possible to reclaim, or will the court refund it when i contact them to let them know its been paid?

 

Also, should i let the court know now or wait till the cheque has cleared?

 

Cheers

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