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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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Thanks Andy.

 

I don't want to be facing extra costs if I can help it and the court papers say that I can defend later than the initial 14 days or even at the hearing but I may be charged court costs for the delay. I'm still deciding what to do for the best.

 

However, if I complete the defence form, how much information do I have to give regarding my defence and counterclaim? There's not much space on the form to put in my full defence and claim. Can I just put a few words (eg: Landlord in breach of ****) and then explain fully at the hearing?

 

One more thing, this should be thrown out on just the Section 8 being on the wrong form so could I just put this as my defence but if the judge disagrees at the hearing can I then put forward my counterclaim?

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Attach a separate sheet

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Thanks and what about this?:-

 

"One more thing, this should be thrown out on just the Section 8 being on the wrong form so could I just put this as my defence but if the judge disagrees at the hearing can I then put forward my counterclaim?"

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  • 3 weeks later...

All evidence and statements must be submitted/served at least 7 days pre hearing....you cant ambush another party in litigation

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Hi Andy, I'm sorry I don't understand.

The defence form notes say that the court will accept defence at any time before or even at the hearing and I have heard of tenants not submitting their defence before the hearing but just turning up at court on the day.

 

it seems acceptable to the courts to defend on the day but I was just wondering if I can defend verbally or do I still have to submit the defence form at the hearing for my defence to be considered?

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Okay if that what it states.....not normal procedure in money claims.

 

I would expect it would be better to draft a defence than try to remember it mentally on the day

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Its your choice.... for the sake of spending an hour or so drafting it out logically and presenting it professionally and also if you are relying on any evidence...(documents) you cant present them " orally "

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  • 1 year later...

In a nutshell, I have not managed to disclose all my documents by the date required (due to ill health) so the claimant is now threatening to apply to strike out my counterclaim.

 

Where does this leave me? Is it worth disclosing the remaining documents or not?

 

If the strike out is successful, will I be able to appeal or will I get a CCJ automatically?

 

This is is a fast track claim and I am representing myself.

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what the claim all about please...

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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Threads merged to existing thread..please do not start new threads on the same issue.

 

Regards

 

Andy

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How is the claimant threatening ? Have they made an application to strike out ?

 

What date should you have exchanged statements/ made disclosure ?

 

Andy

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Disclosure should have been made 24th December and I have disclosed a lump of docs but now their solicitor has emailed to say they will be seeking instruction to apply to strike out because I have not met the disclosure deadline.

Edited by dx100uk
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I assume you have retained proof you have disclosed by date....?

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have you got the documents referred to?

If so send them to court and the claimant (sols).

 

the application to strike out would apply to your counterclaim so there would still need to be a hearing regarding the origianl claim for rent arrears.

It is unlikely a judge would summarily strike out your counterclaim when you have served some of the paperwork.

 

It may be that they decide anything else becomes inadmissible so hopefully you have provided enough to show a cause, even if you havent handed over everything.

 

I also note that the sols say they are seeking an instruction to APPLY for a strike out.

That will not be forthcoming if the court decides it wants the full £255 fee if it appears to them that you ahve tried to comply with an order.

Your ex-LL wont want to chuck that money away at this stage.

 

Block their emails so they bounce back.

That way they ahve to use pen and paper and everything will either go to the court as well or it doesnt exist

Edited by dx100uk
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Which documents do you mean by "have you got the documents referred to?".......the ones that I have already sent or the ones I haven't yet sent?

 

If the Sols make an application, do I have chance to appeal on the grounds that I have sent a disclosure list but due to ill health I've been incapable of sending them all by the deadline?

 

If the Sols make the application and win, do they get the £225 fee back? If so, I guess they will risk it.

Edited by dx100uk
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I can instruct my doc to sit

if it does is a totally diff matter.

 

this is fast track, so what date is the hearing?

 

you need to bring us upto speed on what has happened since sept 2017 to yesterday

not just a random question.

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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Ha ha yes I know, none of us have a crystal ball but I was just thinking along the lines of "what if"!

 

All that's happened since Sept 2017 is that LL got his possession order but the judge allowed me to defend and counterclaim the Section 8.

 

Now the fast track hearing is set for April.

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just type no need to hit reply with quotes we know what we have said...

 

 

so who dictated the docs must be exchanged so far ahead of the hearing, the judges orders and when?

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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  • 4 weeks later...

Ok, so the claimant has applied to have my counterclaim struck out and the court has granted them a hearing for this.

 

I have received a “Notice of hearing of Application”. So because it doesn’t state “Summons” do I have to attend this hearing?

 

A previous application for strike out made by the Claimant also had a hearing which I attended but was not called into the court room for some reason so, even though I was there and booked in by the Usher, it was on record as non-attendance, even though the Claimants advocate was aware I attended. However, no black mark went against me for allegedly not turning up and the Strike Out was dismissed. This was before any trial date was set for the counterclaim.

 

I understand that not attending this next hearing could go against me but would the Court accept a written statement from me to defend the strike out application?

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