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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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Lowell's OH Vanquis card - PAPLOC now claim form.***Claim Discontinued***


penmarine
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why a defeat?

 

 

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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  • dx100uk changed the title to Lowell's OH Vanquis card - PAPLOC

doesn't mean they ARE going to instruct their sols to issue a claim though northants bulk.

they might drop the ball and miss the SB date of october.

 

pers i'd let this run.

 

 

 

 

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

:crazy:

you dont send any defence following a CCA request return...enforceable or not...

don't play your cards...

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

  • 3 weeks later...

Why have you not SARd Vanquis. If you want to offer a F&F then l would have the full info in front of me. Then go from there. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 3 months later...

open

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Hi caggers, had the attached letters from Overdales/Lowell's today for the OH.

 

Are Overdales a DCA as Lowell's suggests or solicitors?

 

Depending on what they are I think will decide my next move, which my gut feeling is let it go to court.

 

I'm pretty sure Lowell's would have taken the OH there by now if they really had something.

 

Thanks PM

Lowells and Overdales.pdf

Edited by dx100uk
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Doesn't say will anything

Overdales are simply the new name for lowell solicitors.

 

 

 

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

  • 3 weeks later...

Hi Caggers,

 

the OH got a Letter of Claim from Overdales a couple of days ago. 

 

I've attached it to view, it asks that she completes paperwork that she filled out when it was with Lowell's solicitors. 

 

The letter says on one hand they will issue a CC claim then the next sentence is if legal proceedings are issued. 

 

I suppose my question is do I get the OH to just fill out the paperwork again and send it off in line with the previous advice I've been given for her or just ignore them? 

 

Thanks PM

Overdales Letter of Claim.pdf

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On 29/10/2020 at 22:05, penmarine said:

OH got a vanquis card, defaulted and made a last payment in July 2015.

Is this true?

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

i believe the DN was issued several months? (october was it?) after the last payment so lowells will claim otherwise, but if you read the lowell vanquis threads here in the legal section they usually give in.

 

whens the 30days up?

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... 

Link to post
Share on other sites

Send them our sb letter 4th

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

5th is a Sunday as Kids due back on Monday 6th. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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immaterial really

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

Hello

 

I had success against Lowell/Vanquis.

 

I strongly advise you get a SAR to Vanquis so you can get a copy or evidence of the date of the Default Notice, unless you have already got it on file.

 

This might take up to 30 days so do it now, just in case the case starts to progress.

 

You might get a phone call from Vanquis asking why you want your data.  I did.  I think the lady concerned was somewhat inexperienced so was unsure how to handle a SAR so I was very polite and explained that I had a legal right to the data but that what I really wanted was a copy of the Default Notice.  (I already had one but I wanted belt and braces!).   They sent one by return of post.  If this happens to you then you can decide whether to insist on your legal right to the full data dump which might take time or would be satisfied with a copy of the DN.

 

Knowing the exact date of the DN would allow you to identify the exact Stat  Bar date and could save you a world of pain.

 

Lowells subsequently gave me cock and bull as to why the account was not Stat Barred and once you have the date and it passes you can safely ignore their protestations.

 

By the way after I got past the stat bar date I also hounded them to clear my credit record which they had re-defaulted way back when ..... so check that as well, though it is of secondary importance to getting to the stat bar date.

 

Good luck.

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I was under the impression the SB date is from the last payment rather than the default notice date.

 

I'll have a read up as it's technically SB now and dx has recommended sending the SB letter at the start of September which I'm planning on doing for the OH.

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I thought it was the date of last payment or when you last acknowledged the debt. 

 

Still get the SAR off and go from there. Make sure you have in writing the exact date of deafault notice 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Why are covering old ground?

We have the dn .

And there was a court of appeal ruling in 2015 which ratified dn+14 days is sb date. However the if oc took months or years to register one thats another matter that has caused lowell to discontinue or lost numerous cases.

 

let it run till about the 3/4th sept then send our sb letter. But they've already sent one paploc and had a reply anyway.so this new one is just to hope you'd moved and don't respond, then they'll go for a backdoor CCJ

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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