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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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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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copy and paste the url (where it says http etc etc) at the top

dx

 

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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Laura, now you've taken the immediate steps to defend the claim, it would be a very good idea to read this short thread  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments

 

You will learn all the steps of the court procedure from now on.  You'll be forewarned about what is to come.

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

 Have we helped you ...?         Please Donate button to the Consumer Action Group

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

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little tip....STOP wasting your time surfing the internet .....you DONT need too.

use our enhanced google searchbox ONLY.

stick to CAG info else you'll be away with the fairies when we dont need you to be.....

 

 

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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  • 8 months later...

A letter was sent by the Court but not received then another letter came in the last couple of weeks saying needed to answer to directions, filled it in sent back to Court said did the defendant agree to Alternative Dispute Resolution and not heard anything since

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you mean you failed to watch mcol and missed DQ N180 filing?

so you've now done this: 


https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148


3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

you should not be disappearing for +7 mts, doing something and thinking you've got it right.

always update us on every step whatever it is in/out

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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Not heard anything for months so wasn`t able to update had Pneumonia been very unwell, this has been the last thing on my mind, as did think after all the advice on here that the claimant would throw the towel in.

My apologies for not updating.

MCOL cannot do anything or look on it as it would not accept password etc so everything done by post unfortunately.

Sent copy to their solicitor and kept one for myself, had to give phone number for mediation no idea when that is meant to happen.

A General Form of Judgement N24 form came saying we had failed to file the directions Questionnaire and had 7 days to do so as of 12th October 2023. (Failed to file the original directions questionnaire has nothing was ever received)

Emailed the questionnaire and sent a hard copy to CCBC.

The form filled in was a N180 Directions Questionnaire (small claims track)

It has been over a month and not heard anything else from the Court or Mediation

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ah yea so you sent to the sols but not the court. understand now. oops!

you should of said NO to mediation anyway ...did you?

so the sols now have your phone number and email too opps twice.

 

 

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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I never sent anything to the solicitors concerning the latest things from the Court I just looked at the paper work I have.

I am not the defendant only the parent I have no qualms over Solicitors  having my home number or my hotmail email, my phone does not accept unknown callers.

 

Sadly I did tick to agreeing to mediation.

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Laura,

sorry to hear about health problems, but please try to liaise with the forum from now on, the Directions Questionnaire/N180 is just a simple form and all the confusion and nearly losing the case by default could easily have been avoided.

I have no idea of how you get out of doing mediation.  Hopefully one of the others will be on soon to help.

 

 

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

 Have we helped you ...?         Please Donate button to the Consumer Action Group

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

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if the mediation service ring simply refuse mediation.. end of.

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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I thought the Courts expect you to look like you are trying to be reasonable hence the mediation? if we refuse the mediation what will happen then?

Yes the N180 was easy to fill in but the first one sent was never received with caused the problems as soon as we did receive one we responded and sent it by email and a hard copy too

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not for private parking speculative invoices

you have nothing to mediate over, you are not paying even a reduced invoice sum.


https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148


3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

......................

once you refuse mediation the claim will, if the claimant wants too, proceed to allocation at your local stated court.

you seriously should not be disappearing for such long periods and not reading up.

even before your issues you could have started that, you've been here long enough to know CAG is predominantly self help

there are 100's of pcn claimform threads here to read ...20+ each week, get familiar with how things work, whats next, what to do and not and how to respond..but NEVER do anything 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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48 minutes ago, Laura Cooke said:

I thought the Courts expect you to look like you are trying to be reasonable hence the mediation? if we refuse the mediation what will happen then?

Nothing in this type of claim that's why our instructions on completing the DQ states quite clearly no to mediation

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'm sorry Andyorch, I don't think that it is clearly stated not to agree to mediation

For 'newbies' the first words are 'YES to nediation. Yes it does add a caviate but this can be lost in the plethora of information.' I have long thought that DX should create two templates, one being specific to Parking issues, clearly stating 'NO to mediation', thus avoiding an error which is increasingly common. I note that dx has highlighted the section in red in his above post, this was not highlighted in his previous posts

It is easy for regulars to forget how confusing it can be for those new to CAG to digest the nuances, when filling in forms that they have never before faced.

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  • I agree 1

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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the op is not a newbie.

don't ever remember anyone else here misreading or not reading up and saying yes on a PCN Claimform.

we regularly remind people throughout threads to read up and then they already know what to do without our prompting.

if they aint here we cant.

 

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 find it difficult to navigate the site

I find things by accident as you have seen from my posts

I do not even know how to post documents up,

I could not even set up the MCOL hence everything I send on behalf of my son is sent by post,

I admit I am as dim as they come using the internet I can only do the basics.

I have been on here a fair few years but I am no wiser for it

I wish things came to me naturally, perhaps your valuable time would be better served on many on here that are able to be educated.

I think people of a near pension age do not fair well understanding the internet.

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then ASK 

members can't help you when you are not here for months for whatever reason as they are not aware you need help and you go off and act upon your own 'thoughts'. if you can do that you are capable of asking here before you make these mistakes.

now im a wee bit confused upon this email address used, i would have assumed , when you are acting or taking actions upon your son's behalf, like filing the dq n180, that you are using HIS details....so where does your email ad come into this? i hope you didn't use that on the DQ n180 to the court and the Claimant?

if you did, it exposes a very big danger here. 

there are deadline in the impending court claim whereby important documents like witness statements must be exchanged by a date set by the court.

if the opposition have an email address 'for the defendant' what they will do is file a load of old BS and fake claims/documents 1 min before a court deadline, that will remove your son's legal right to say 'hang on a minute' .......

so whats the story @Laura Cooke

 

 

.

 

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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  • 3 weeks later...

Mediation have emailed this afternoon stating they wish to talk to my son next week 20th December between 9.30 and 12.30,  if we did acknowledge to accept the mediation my son would not be able to deal with them due to his mental health it would have to be me or his carer. The email states, please read the following statements mediation is only available if you can answer yeas to all 3.

(1) I am willing to negotiate on the amount of the claim and I will consider a compromise.

(2) I have enough information about the claim to enter into negotiations and do not require any further evidence from the other party before starting mediation

(3) I`m available for the entire time slot on the date of my appointment.

If we let them know we cannot go ahead what will be the outcome of cancelling the mediation? as doubt any Court case could be won without any proof payment was made on the day. It was and help was given to an elderly lady too who did not know how to enter her registration.

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I simply do not know what to do hence why I am asking here, my son does not want to pay anything when a ticket was purchased however I assume then the case would go to Court and without proof of payment surely this case cannot be won and then I assume the payment will have escalated. 

My view and this might be incorrect is to do the mediation and to try and negotiate a smaller payment?

My son cannot believe this is still dragging on and wants an end to it has this is not helping his mental health

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On 20/11/2023 at 23:47, dx100uk said:

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

 

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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