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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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smesin v Nationwide


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Ok, I received my notice of issue from Chesterfield County Court today. It states my claim was filed on 21st Feb. The Court sent it to the defendant by first class post on 26th Feb and it will be deemed to be served on 28th Feb. The defendant has until 14th March to reply.

 

It's just a waiting game now I hope...

 

Any tips at this stage would be appriciated?

Particularly in regard to correspondance... can i expect to receive something from Nationwide themselves or will everything from this stage go through the courts?

 

Smesin

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hiya,

Just thought id join in. i too am at the same stage. My claim was issued 26th, Deemed to be served 28th and they have till 14th to be acknowledged.

 

I am claiming on behalf of me mum for just over £3000. it will be interesting to see who gets their money first.

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Next stage Allocation Questionnaires (providing they do not settle in full beforehand and they send a defence) these should help you complete the AQ, New Strategy really a must now:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

.

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

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these should help you complete the AQ, New Strategy really a must now:

 

Hi smesin

Dunno if you have seen the new AQ thread link in post 37 it is really good.

Basically you are asking the judge to order disclosure of how charges are reached from the bank as well as all the defence that will be used within 28 days of order from judge. At the same time you are offering to submit court bundle 14 days from the date of order. This is instead of all parties submitting all their papers upto 14 days before actual court day. This is a really good idea for those banks that love stalling to the limit tactics eg asking for stays and not settling untill the very last day before court date (these days could be months away). My personal opinion is that Nationwide do not fall into the category of "stalling to the limit" so I am thinking If I have to fill out an AQ I might be using the original AQ thus saving time and money getting court bundle together which I can't recall any Nationwide claim getting as far as this. what would you think and what would you do.

Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Just joined the site today and have found your posts very helpful. I'm relieved to see that I'm not the only one involved with Nationwide. I've just sent my letter requesting money back of £3k plus, so I'm interested to see what happens next. Also not that confident in going further after this, so any help/advice is much appreciated.

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Silver lining - start your own thread as here:

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/13182-how-make-posts-please.html

Follow the steps and guidance on this site and you will get your money back. Read these too:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

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just got defemce thru from court in meantime no money in bank but no letter to say closing account but letter from collection agent for outstanding charges that we r claiming for so looks like i got another fight on

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Trekie see the board which relates to debt collection. Notify them in writing that the amount is in dispute and if they persist send the harassment template. They sharp go away when they realize you know your rights.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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Acknowledgment of Service Defence of Claim, or just another time-wasting tactic by the banks & so-called building socs like the Nation-whine.

Not being paid for interest - calculated at contractual 8% starting from the END OF THE YEAR occured and not from the date as I should, tried to be fair !

Not being paid Court Fee of £ 120.

About to fill the Court reply asking for those. Are they really amateurs or trying once more to insult our intelligence as well as THE JUDGE'S ONE! No doubt he'll be pleased to add his fee for turning up unecessary! I have a good mind to add extra costs for non-payment and time-wasting!

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Mine was issued 26th Feb (MCOL) and on the acknowledgment of service Nationwide state they intend to defend all of this claim.

 

eggopp what did they state on your acknowledgment of claim ????????

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My claim is for £60.00 plus court costs.

 

My claim has been acknowledged by Nationwide and they have 28 days to file a defence.

 

Is this normal?

 

Yes... expect your money anytime soon.... Your claim will not be defended

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just started this thread : Its time to use Nationwide's actions against them

 

I have filed against NW via MCOL, they have acknowledged and have a furher 20 days to defend. I am going via small claims and claiming charges and compound contractual interest.

 

Lets compare notes! If you have any details of previous cases filed against NW where they acknowledged and then paid up rpior to court, please let me have them as I want to compile a dossier and send it to the court to ask them to strike out any further NW 'ghost' defences and hopefully stop them wasting court time and abusing the court process.

 

Quest

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I heard from the local County Court today. The Court have reminded the Nationwide that they have until Friday 9th March to file a defence, which they have not done as yet. If they fail to defend then the claim defaults in my favour and I will finally receive the £1045 that they still owe me! Unless that is I get to send the bailiffs in??

 

KenSpe

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Just to let you know I got my Notice of Issue letter through as well. They have until 17th March to reply. I bet their legal department is well busy at the moment trying to cope with all of our claims!

 

Looking forward to seeing all of us get our money back soon! :)

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eggopp what did they state on your acknowledgment of claim ????????

 

Well just got the paper vesion in todays post and likewise, its got the box ticked 'I intend to defend all of the claim'

 

I think its just standard HP4020 :lol:

 

Astardust, use the Nationwide Head office and registered address

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It seems that NW are waiting for the next FSA/Ombudsman report to come out within the next month, and that is why they are delaying. They probably hope that a ruling will be made that only the difference between what NW charged and the actual cost (possibly to be set at £12) should be refunded.

So the answer is - get your claims in NOW !

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hiya, i got a letter through today stating that they will not pay. it was dated 1st march. i presume this is just a late reply to my LBA as it was not signed Mr Bacon, and it had no ref to court claim.

 

My notice of issue also states they will defend. it is standered.

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It seems that NW are waiting for the next FSA/Ombudsman report to come out within the next month, and that is why they are delaying. They probably hope that a ruling will be made that only the difference between what NW charged and the actual cost (possibly to be set at £12) should be refunded.

So the answer is - get your claims in NOW !

 

Correct me if I am wrong but doesn't this £12 limit already apply to credit cards yet they are still paying out claims why - Is it because that the £12 figure decided FSA/Ombudsman is still too high. If it costs the banks less than they charge to cancel a direct debit etc it is still unlawful regardless what the FSA/Ombudsman state the only way to reach a correct figure is for the banks to disclose what it costs them:rolleyes:. Until then I think the claims will go on.

Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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