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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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BelleVix vs. LloydsTSB ** WON **


BelleVix
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Hi,

 

I have sent all the letters and have received the standard 'not a hope' response... so am filing court action on Monday. I need to sort out the spreadsheets for the interest and then will submit. What I am asking is... on the forms for the court, where is says value, do I add everything together including the court fees? :confused: And just below that, it says Amount claimed, court fees, solicitors costs then total... isn't that duplicating the value? or should the value just be the charges plus interest? :confused: Probably seems like a daft question, but I want to make sure this is completely correct!

 

Thanks for any help!!

 

Belle :-)

 

P.S. this website is brilliant ;-)

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Value:

Bank charges (and overdraft interest if claimed) - £XXXX

Data Protection Act Fee - £XX (if claimed)

S69 8% Interest - £XXX

Total of - £XXXX

Plus daily interest at 8% of £0.XXp from the date of issue until settlement.

 

Amount claimed:

Charges + Data Protection Act - £XXX

Court fees: £XXX

Sols costs; None

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Guest Mumofthreeboys
Hi, yet *another* question... is the money claim thing the same as taking it down to the court yourself and getting them to stamp it??

 

No, Money Claim is online. The paper version is the N1.

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There are 2 instances of interest you can claim:

 

1.When you go overdrawn the bank will charge you interest, perfectly lawfully.

 

However, if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the total interest figure.

 

Vampiress has a spreadsheet, (the advanced one), in the bank templates library, which attempts to calculate this

 

It's quite complex and unless your claim is large may not amount to that much, so for simplicity's sake, some people don't bother

 

This is the interest referred to in the preliminary and LBA letters.

 

2. Section 69 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before moneyclaim. If you are not claiming overdraft interest use the Simple s/s here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

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Hi Michael,

 

Thanks so much for your help - I've gone with the simple spreadsheet!

 

Final question (it has to be as I'm printing everything out tonight!) - does it matter what address I put down for the bank on the N1 form?

 

Many thanks,

 

Belle :)

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Also, can you advise on the below:

 

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £XXXX and any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

Specifically, what interest does (a) refer to - the excess interest, which I'm not claiming, so should i take it out?

 

Thanks for any help offered,

 

Belle :)

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  • 2 weeks later...

Hi Belle

If you PM a mod with it in the follwoing format

username v Bank Name

 

Claim number: 2QZ22222

Issued: 2.10.06

Court: MCOL

Charges: £1,234.00

Interest: £234.00

Costs: £120

Total Claim: £1588.00

 

then theyll put it in the litigation section for you

 

skb

Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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  • 3 weeks later...

Hi, I just phoned the courts and it would appear LTSB haven't submitted a defense (they had until last Friday to do so). I am going to request a judgement, what will happen then - will the judge rule in favour of me :confused: :confused: ?? I would presume that if LTSB have submitted a defense and it shows up after i have requested a judgement then things will continue and i will be sent an allocation questionnaire. I am aware that i haven't sent any mod my claim details and will do this tomorrow when i have my claim paperwork with me - sorry!

 

Belle

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Hi - can anyone help? What happens when i send in the form for requesting a judgement - do i have to do anything else, what will the judge do?

 

i am fully expecting LTSB to submit their defence late or something, so it probably won't come to this but i would like to be prepared - i've read up on every other eventuality but never expected this one lol!!

 

Belle

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Hi,

 

I just phoned the courts and I had it slightly wrong before. The bank haven't acknowledged my claim (I thought they hadn't submitted a defense), so I am going to request judgement. I now have two questions...

 

1. Will the judge rule in favour of me? is it likely rather than probable?

2. Should I request the bank pay immediately or should I be nice and give them a week to pay?

 

(That was three!! :) )

 

Thanks,

 

Belle

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Chances are that Lloyds will file their defence late and it will be allowed by the judge, so don't hold your breath....you never know though, you could have slipped through the net :)

 

Askk for payment straight away - like I said, it is likely that they will submit their defence anyway.

 

Good luck :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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thank you! I am fully expecting them to file their defense late, so I haven't got my hopes up, but wanted to know just in case.

 

I really want this money (am getting married in less than three months - eeek!) and am sooo nervous at the moment. I can't remember how many letters I sent them (I have the LBA) and while I think I sent them 2 I can only find one. I am really worrying i've messed this up now, and they'll come down on me like a ton of bricks cos i didn't try and sort this out to a greater extent before litigation :(.

 

I'll send it off today as you suggest Dolly - thanks for the advice :D

 

Belle :)

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