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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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    • 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.  

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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.

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Pepper UK/engage mortgage/Mars Capital - excessive unlawful fees reclaim+Eviction


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It might have been an idea to ask the court to take S36 of the Administration of Justice Act into account.

 

 

Do you know if there are any legal reps on duty at the court in the morning.

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OK, type up another statement to hand to the judge -

 

Caim No

Between

XXXX

and

XXXX

 

"I respectfully request that the court consider the following facts which are supplementary to that which is contained within part 10 of my N244 application.

 

I respectfully request that the court take into account S.36 of the Administration of Justice Act and allow me to reduce the arrears by installments.

 

I also request that the court consider the order made by Judge XXX on XXX as the Claimant has, despite this order and several requests by myself, not complied by providing a true arrears figure.

 

The sum the Claimant pleads includes £XXXX of arrears monthly charges and legal fees and is misleading the court as to the true arrears figure. It is my belief that the Claimant is frustrating my attempts to establish the situation."

 

I believe the above to be true and factual.

 

Signed......................... date.........

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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hiya all

 

im back,,,looks like this is already in hand then fab as usual

 

thanks also from angel x

 

God Bless you all

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Hi jansus,

 

Its due on the 30th October, yes it is.

 

 

Ok Just checking as usually they are due at the begining of the month - so at the moment they should not be includiing that figure.

 

Best of luck AGAIN for the morning.:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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hiya jansus and underdog

 

im sure survivor will appreciate your thoughts, i do thank you

 

yes a fair minded judge who actually understands that mortgage arrears only and not just a figure without actual paperwork by the claimants sols

which includes charges and fees which should not be part of the court case - only the arrears in question should be

 

again with ell-ens help, we have done our best and i dont really know what else we can do if it should fail again tomorrow but hey fingers crossed guys

 

until then there is alway hope

 

nite nite, off to bed soon as ive had a reply on one of my own cases

 

thanks for looking in

 

laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Hi Ell-enn,

 

We are now in receipt of the supplementary statement and we have all additional docu to take with us as well just in case. I am also taking DWP paymnet info just in case and tel convo/letter from SARS since Mar 08 disputing the figure.

 

All we can now do is pray and hope for some sort of justice.

Thanks a million for all your support and help.

 

Were in at 9.45 however it depends on time slots etc, so might not be seen straightaway.

 

Survivor

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I'll be thinking about you - are you both going to the hearing?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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keep checking in to see how you are. Hope no news is good news.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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:( no news yet?

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi guys,

 

Just to update you on the progress of repo hearing.

We had a family wedding on friday so was extremely busy after events on thursday.

 

Went to court for a hearing time of 9.45,

didnt leave court until 5pm as when the judge heard the case he felt we needed a higher judge

ie. a circuit judge, hence the wait

major long day coupled with nerves and feeling stressed.

 

The circuit judge postponed the hearing as he did not have the notes from the hearing on weds and he felt for a fair hearing all notes relating to the case were needed.,

 

its been postpone until nxt tues at 10.30 and the warrant suspended until after the hearing.

 

their solicitor asked if he could apply for a emergency eviction order and the judge said he could stop him but couldnt see what difference it would make.

 

A twist

when we went to the hearing

was the judge who originally was booked for the hearing

did not have the day b4 info either

 

asked their sol who heard the case,

he responded the judge name and he said he was next door,

 

the sol responded if he had time it would be better if he heard it and he dealt with it yesterday.

 

I immediately said no as I felt it would be bias and unfair and I doubt he would be able to see it in a different light from the day b4, hence the 5pm wait.

can you believe his audacity suggesting that knowing it would put us at disadvantage.

 

the crooks of it is were back on tues with the unfair charges as our defence and the previous order by the judge.

 

The judges last words were he felt it would be in the claimants best interest to consider taking the lesser amount as in the order before they would be worst off.

 

He also felt discuss with the lender that option and hopefully we mght be able to come to a resolution without coming back to court. I doubt it.

 

Thanks for all your help and well wishes.

 

Il log back on tonight just incase i forgot to mention anything that was important.

 

S13

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At least you live to fight another day, S13:) Good on you for preventing them handing the case back to the unsympathetic judge!

 

The judges last words sound promising for you - advising the claimant to accept the lesser amount, etc:D

 

Best of luck for Tuesday:)

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Thanks Underdog,

 

Your support means a lot and indeed yes we live to fight another day and we'll give it our best shot. Sent fax to lender on Friday with offer of lesser amount waiting for a response -though not holding my breath.

 

Once again thanks

S13

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Thanks for the update - I guess they had better get their act together before Tues or they could be trouble.

 

Best wishes to you and sorry it is still dragging out . Bet you feel exhausted.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi Underdog/Jansus,

 

Thanks for checking in.

 

 

Indeed im exhausted

angel has been a pillar of strength during the times when I falter.

The moral support from the forum has been a great help, truly appreciate it.

 

Im spending tonight going through the duty sols letter of the events that took place in the hearing just incase iv missed anything that could help on tuesday.

 

 

I dont think he did a great job and seemed way too friendly with the lenders sols, aww well.

 

Keep you posted

S13

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hiya all

 

trying to catch as been away at weekend,

 

so hoping for good news tomorrow now

 

and thanks survivor we will get through this

 

catch up laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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