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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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UKPCL ANPR PCN claimform - overstay - MCDONALDS· WAKEFIELD 2 569, DEWSBURY ROAD WAKEFIELD WF2 9BY ***Claim Discontinued***


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do your no1.

 

file the blue txt 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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For reference, 

 

This is the exact email response body: 

 

Quote

 

Dear Sirs,

 

 

We write in relation to your recent correspondence.  

 

Please see attached requested evidence in relation to the case.

 

 

Kind Regards, 

 

Alexandria Owens

 

DCB Legal Ltd  

 

Tel: 0203 838 7038 | DX 23457 Runcorn 

dcblegal.co.uk | Twitter | Linkedin | Facebook 

 

 

She also attached this attachment (it did not load previously, internet issue) Signs.pdf

Along with a site plan, and original notice to keeper. 

 

 

Edited by RyanB96
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thats useless to them

simply a temple.

 

 

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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now please get reading up!

there are 100's of pcn claimform threads here

you need to be 1000% sure you know 

whats next

how to respond

what comes after that etc

read a good few 10's of threads

 

but dont do anything further bar the no email - email without checking here first.

 

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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  • 4 weeks later...

The latest, despite previously stating not to use email, I received an email from DCB Legal... (from a different email to the one I blocked too) 

 

Quote

Good afternoon


Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

 

In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

 

Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.

 

If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.

 

Kind Regards,  
 
Aaron Lomas 
 
DCB Legal Ltd  

 

Edited by RyanB96
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Hi Honeybee,

 

I already sent them an email stating not to use email under any circumstance. I will send them a letter now too, and reply to this email again stating not to use email under any circumstance -

 

Is there any extra steps I can take? 

Is there any harm in also specifically stating the address to us for them to communicate via post? 

 

Thanks 

Edited by RyanB96
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yes do 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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  • 4 weeks later...

In other threads I have read, defendants were issued a letter before claim, before the claim form came through, at which point it was time to send them a letter basically demonstrating I will give them grief.

With my case, for some reason they skipped that step.

Is it too late to send them that "stinking letter", or would now be a good time to? 

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You need to include in your statement that the claimant did not utilise Pre Action Protocol, ideally it should have been in the defence you have already submitted but you can catch up if the claim proceeds.

 

Quote

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

 

 

 

.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • 1 month later...

Hi, 

 

just an update - I have now received a proposed allocation to the small claims track. 
 

I’ve been reading some other posts and with particular interest to something @lookinforinfo said on this thread 

 

about loading/unloading then the parking begins…

when I infringed, I was taking a severely hungover/poorly friend to maccies to help sober them up.

It took them about 30 minutes to get out of the car for fear of throwing up if they moved.

Similarly, it took them awhile to move to get back in the car before leaving.

Would I be right in thinking I can use that to my advantage? 


finally, I misunderstood the previous comment, and reading other threads hasn’t cleared it up (there are so many!)

- is it too late to send a snotty letter since court proceedings have begun,

or is it still early enough for me to send a snotty letter that may make them think twice about paying the hearing fee
 

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Briefly, you are in a court case now.  You have to concentrate on winning in court. 

All the previous "snotty letter" ideas about dissuading the PPC from taking you to court are far too late now.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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3 minutes ago, RyanB96 said:

Would I be right in thinking I can use that to my advantage? 

nope

3 minutes ago, RyanB96 said:

is it too late to send a snotty letter

way too late.

so you received an N180....

100's of like threads here upon what to do  with that.

you really really really need to be reading up between downtimes then you'd know what to do and how to react.

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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Hi, 

I have filled in the Small Claims Track Questionnaire as below: 

Mediation - No (Parking Claim) 

Small Claims - Yes

Suitability for determination without a hearing - Can I select yes to this? If I am giving a witness statement and a judge is deciding anyway this seems quite convenient? 

For nearest county court, I have used the gov website to search by postcode - I assume any "county court" is suitable so this one is fine? (This is nearest)  

WWW.FIND-COURT-TRIBUNAL.SERVICE.GOV.UK

Boston County Court and Family Court - Find contact details, opening times, how to get to here, types of cases managed, disabled access to the building

 

Expert Evidence - No  

Witnesses - 1 (Me) 

I plan to send off today 

 

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4 minutes ago, RyanB96 said:

Can I select yes to this? If I am giving a witness statement and a judge is deciding anyway this seems quite convenient? 

You could but past history points to a better outcome if you attend and fight your corner in person.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Neither...the judge will outline the claim and your defence and may ask you and the claimant questions to clarify then determine the outcome.

 Its not Crown Court :becky:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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As mentioned before, I had 2 poorly mates in the car with me that needed food/water. One was particularly poorly - would it help my case if either of them were also witness? 

It is true to say I was more focused on getting in and parked as this person was likely to vomit, that I wasn't exactly looking for parking signs! But I'm not sure if that would go in my favour or against me. 

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It could help but the DQ is simply to allocate the claim and provide further directions on how the claim will proceed and how to prepare for the hearing. You will be submitting a further statement after allocation in detail before the hearing in your own words of what actually happened leading up to the event.

A supporting statement from one of your friends may assist  but ultimately you are the driver and responsible for where you stopped/parked and poorly friends will not really cut the mustard IMHO.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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I will fight this in person then and I think you're right on the poorly friends - thats a stretch I guess.

What appropriate reasons can I give for it to "not" be suitable to be sorted without a hearing?

- since ultimately it could be

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