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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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kkatiew v Lloyds ***WON***


kkatiew
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Hi,

 

I am in hope that someone can advise my next step.

 

Basically, I sent the DPA request and received my statements within the 40 day limit dating back 6 years. I then sent the letter to Lloyds asking for it back including the spreadsheet of charges. I received the standard letter saying 'i'm sorry you're not happy.....'. I was then waiting for the 14 days to exceed, when today I have received a personal letter as below :-

 

" Thanks for getting in touch with us......

Like any business, we do make a charge for some of our extra services.....

You've mentioned the new guidelines from the OFT on credit card charges. We don't agree with the OFT's thinking on this and we're still talking it through with them. But the important point is that the guidelines only concern 'default' charges. The fees we charge for going over an overdraft limit and for returned payments are not any kind of default penalty. They are fixed standard prices for the service we provide in these situations. So according to our Legal Experts, the OFTS's guidelines on credit card default charges do not in any way apply. I do hope you can see that we make our charging system as fair as possible and I cannot agree to cancel your charges..... "

 

Now firstly, I didnt mention anything about any credit cards ( I am requesting charges back for o/d charges and returned dd etc.

 

Secondly, what reply do I send back to this ?

 

Any help would be much appreciated.

 

Katie

 

Ps Love this site.

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hi kkatie

don't panic, this is just a standard response letter. check out some other longer threads for reassurance, or Reload posted a thread showing bank 'template response letters' which is very handy.

 

BTW, welcome and good luck

 

regards

the train of thought has left the station, hope i was on the right platform!!

 

____________________________________________________

Lloyds TSB

prelim sent 06/07/06 response rec'd 14/07/06

LBA sent 20/07/06 response rec'd 27/07/06

Moneyclaim filed 22/08/06 Ack'd 30/08/06

Defence filed 26/09/06 AQ filed 12/10/06

hearing set for 10th Jan 2007

 

Cap One

prelim sent 2nd Nov 2006 First offer rec'd 14th Nov

any thoughts, suggestions or advice given by MBQ are done so without prejudice. All information I have, i have learned from this excellent site. If in any doubt, seek professsional advice.

 

 

 

 

 

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  • 2 weeks later...

Hi,

 

I have followed the templates and guidance given throughout this site (brilliant site by the way) but when I calculated my spreadsheet of charges I included the 8% interest and sent this to them. I sent a copy with the prelim letter and again with the LBA. Have I cocked things up ? What do I need to do now ?

I am currently at the stage where I need to be filing a claim against Lloyds TSB.

 

Any help would be great.

 

Thanks

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  • 2 months later...

Hi,

 

I am currently pursuing a claim with Lloyds at the moment. Awaiting a transfer of court hearing to my local court. I received a letter this morning from Lloyds to say I have been charged £120.00 for returned direct debits as there was not enough money in my account to cover them.

 

What would be my next course of action due to the pending court hearing ?

 

Many thanks

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Guest ian cognito

You need to start another claim for new charges, they may pay out a bit quicker when they know you're serious tho.

 

Good luck

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  • 3 weeks later...

I received a copy of the AQ from Sechiari, Clark and Mitchell yesterday. Conveniently when asked of any dates in which they are unavailable they put November/December 2006 ! Thanks for that....

 

Anyway, in their AQ they've ticked no for any settlement....blah,blah,blah

 

But they have asked for a copy of my AQ. Now I didn't take a copy and presumed the court would send a copy on to them. Would I be able to get a copy of my AQ from court, if not what should I do ?

 

Many thanks

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Many thanks, I will do that..... They've got Nov/December to receive it anyway.

 

Also, forgot to mention. On the AQ filled out by SCM, they said they have a witness other that themselves. Has anyone else had this and if so, who would this be ?

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  • 2 weeks later...

Hi Everyone,

 

I've today received 2 letters from Court. One is a General Form of judgment or Order which states ' The court has made this order of it's own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days.' - I'm presuming I don't need to do anything for this ?

The other letter is a Notice of Allocation to The Small Claims Track (Hearing). This goes on to satet the date, time etc of the hearing. It does ask for documents on which I intend to rely on to be sent to the court 14 days before. The hearing is dated 14 March 2007. - Again, I'm presuming nothing needs to be done yet ?

Any help would be gratefully received as I'm now getting a little shakey at getting this far... !

 

Many thanks

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hi kkatie

i'm at exactly the same stage, only my hearing is 10th Jan. Don't panic too much, i know it's scary, but there is a 'court bundle' sticky somewhere (no good at copy and paste, sorry) and this should give u all the ammo u need to have in case u should end un in front of the judge. Likelyhood is that you'll receive settlement before then.

 

If this info is inaccurate, i apologise in advance, and i know someone will steer u in the right direction.

 

be strong, good luck

 

regards

the train of thought has left the station, hope i was on the right platform!!

 

____________________________________________________

Lloyds TSB

prelim sent 06/07/06 response rec'd 14/07/06

LBA sent 20/07/06 response rec'd 27/07/06

Moneyclaim filed 22/08/06 Ack'd 30/08/06

Defence filed 26/09/06 AQ filed 12/10/06

hearing set for 10th Jan 2007

 

Cap One

prelim sent 2nd Nov 2006 First offer rec'd 14th Nov

any thoughts, suggestions or advice given by MBQ are done so without prejudice. All information I have, i have learned from this excellent site. If in any doubt, seek professsional advice.

 

 

 

 

 

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I've today received 2 letters from Court. One is a General Form of judgment or Order which states ' The court has made this order of it's own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days.' - I'm presuming I don't need to do anything for this ?

 

 

An order for what? Can you post it up in full please?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Here goes....

 

GENERAL FORM OF JUDGMENT OR ORDER

 

Before District Judge Young sitting at Sheffield County Court. The Law Courts etc.....

 

Upon the Courts own motion. The court has made this order of it's own initiative without without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

 

The defendants do file and serve copies of all relevant documents by 4pm on 29 December 2006.

 

Basically is this something I need to worry about ?

 

Kind Regards

 

And many thanks

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Hi

It's nothing to worry about, but you need to get all your documents together to send to Court by 29/12/06:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

Good luck!

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Yep, what Barty said.

 

As well as everything in the court bundle, amend to suit and add this to your evidance too - http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7744-garyh-lloyds-tsb-unconditionally-3.html#post339177. You need 3 copies of everything - one for you, one for the court and one for Lloyds solicitors. Get it all off ASAP, but certainly no later than the date ordered. A settlement should follow soon after.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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No. You have the statement with the new charges on i assume?.

A copy of that should suffice.

 

Good luck

 

Uk. . .

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hi Everyone,

 

I'm just gettibng all my documents together to put forward to the court and have been reading the different threads on what to include. The thing is , although I kept copies of all my letters that I sent to LTSB, I didn't keep the letters that they sent to me.

 

Do you foresee a problem ?

 

Many, many thanks

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