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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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euro parking/gladstones claimform - PCN maghull centre merseyside **DISCONTINUED ++ COSTS**


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??nothing to do with the form that's only for ref...

 

 

fill this out please

and copy n paste it back here answering the questions

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***(2-Viewing)-nbsp

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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hi...

claimant is euro parking services ltd..

 

..issue date 21/02/17.

 

..particulars of the claim

1.the driver of the vehicle (reg) incurred the parking charge on 20/10/16 for breaching the terms of parking on the land at maghull centre

 

2.the defendant was driving the vehicle and /or is the keeper of the vehicle

3.and the claimant claims £160 for parking charges/damages and indemnity costs if applicable,

together with interest of £3.33 pursuant to s69 of the county courts act 1984 at 8% pa,

continuing to judgement at £0.04 per day

 

..sorry couldn't get my head round the copy and paste thats required

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good

 

is that ALL the particulars of claim state [bar pers info?]

 

so your defence is due by day 33 from the date on the claimform where by that date is one in the count

you do NOT miss it.

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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hi..

thought i had followed everything right so far as you have told me.

 

..do i need to put in a defence and counterclaim.

 

.i have a form here to do it and do i send that to gladstones solicitors.

 

.i have also found a letter from gladstones i thought i had lost dated 02/02/17..

 

."LETTER BEFORE CLAIM"

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the claim is cobblers,

they have to prove who the driver was,

they cant just put "the defendant is.was/maybe someone who may have been present at the time or maybe not"

 

Also the amount is nonsense,

if the contract offered by the sign says £100 then £100 it is, not soem made up amount.

 

The reason they do this si because most people either pay up when they get the claim or ignore it and lose by deafault.

 

Only 15% of the 200,000 claims in the county court are defended

so once you join that minority the parking cowboys start to brick it because they are then into a losing situation and have paid some snake oil mercahnt good money to issue a claim and they will get nothing but grief for their money.

 

OK, you need to acknowledge the service of the claim and

 

for a defence I would put something like

 

"the defendant denies that any contract was formed between the palintiff and himself.

It is put to srtict proof that such a contract exists as there is no keeper liability under the POFA in this matter.

 

The Particulars of Claim contain no detail as to the nature of such a breach of a contract,

the amount claimed does not reflect any contractual obligation and the general vagueness of the claim means that it is not possible to submit a proper defence It is therefore requested that the claim be struck out under CPR 16.4"

 

You do not counterclaim.

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hi and thank you once again..

.i have been on here in the past and was told to ignore everything.

.you even told me to send the paperwork to yourselves and you will ignore it for me but that was many years ago.

 

 

. i have successfully appealed in the past when i got a parking ticket at Aintree hospital because i couldn't get a disabled parking place for my father who had emphyzema and couldn't walk very far and had to leave the car near the entrance and was told by security that they would make sure i didn't get a ticket but i did..

.Had to appeal to solicitors in southampton..

 

so from what you have told me i just need to wait now for a reply off the solicitors..is that right..

i don't need to do anything else?..

 

 

when you say i have to acknowledge the service of the claim,

how to i do that?.

..we will be making a donation to CAG once i get all this sorted

 

 

...do you think i will end up in court having to defend this because i am well up for it now .

..i have had a belly full of these companies

best regards

steve

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until the Beavis decision all of the parking co's had to show a schedule of loss,

the same way as a landowner suing you for trespass would

- ie they claim DAMAGES and you haven't damaged their car park so nothing due.

 

 

The Beavis decision placed these parking contracts in the same basket as business to business contracts

whereby you could be sued for a penalty sum for damages, even if no loss was actually made.

 

 

The idea of this is not to be punitive but a "commercial consideration" and £80 was deemed OK.

Most parking co's have crept that up to £100 since Beavis, typical greedy act of a disreputable industry

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leave the paper claimform alone

all you need that is for ref

do it all online

 

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

 

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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Share on other sites

whats that about it in post 32 for then?

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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Share on other sites

looks ok then

 

 

post29 then

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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Share on other sites

:yo::yo:

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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  • 2 weeks later...

they arent going to respond so tomorrow you write to the court ( or the bulk centre if a court hasnt been allocated yet)

and request that the claim be struck out under CPR 16.4 as ECP havent shown a cause for action based upon the CPR 31.14 request

- no locus standi and have failed to show proof of who the driver was at the time asd there is no keeper liability in this matter.

 

You probably wont get the strike out but you may well get a demand for your defence evidence for a case management hearing to determine whether they can carry on. At worst, the first thing the judge will ask them is why they have made this claim if they have no proof of contract with you.

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you are writing to the court so your details and the claim number, normally written as: ECP v defendant, claim ref 12xy23456. then say

 

I wish to request that the claim against me is struck out under CPR 16.4 as ECP have failed to show a cause for action against the defendant by failing to supply enough detail as to what the claim is for in the Particulars of Claim and by failing to respond for evidence of their locus standi and reasons for the claim by way of a CPR 31.14 request.

 

 

It is not possible to defend a claim that doesnt say whether it is brought as a breach of contract or monies owed under a contract or whether they have identified the defendant as the driver at the time as they havent said they are relying on keeper liability under the POFA 2012 to create a liability by the defendant.

 

you dont send this the ECP or Gladstones, just the court. you may well not get a reply, the court may well tell Gladdys to show a reason for claiming or lose the claim without a hearing or it may get filed until acourt and judge are allocated..

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defence was due FRIDAY!!

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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no need to fax do it on MCOL.

 

 

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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