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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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I've now got all my statements and I've calculated the charges using a spread sheet I found in the library on this site! This spread sheet calculates interest at 8% but a friend who I recomended this site to has found another spread sheet which states that you only claim the 8% if you go to court! Can anyone advise which is correct?

 

I cant wait to send in my spread sheet but there appears to be lots of different advice as to where to send it in to. I sent my origional letter to my Lloyds TSB branch and I received my statements from Swallow House in Birmingham. Any ideas :-?

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You can only claim the 8% when you issue proceedings just send the bank a breakdown of the charges date reason amount you add the 8% when you do moneyclaim or on your N1

 

You can send info back to your branch no doubt they will forward it to birmingham

Lloyds TSB - N1 claim issued 18/07/06 - £3440 Offered unconditional settlement 23/08/06

Vodafone-Information Commisioner assessment -default removal -25/07/06

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Hi

 

I was unsure as to how to write out the statements of charges, I ended up filling in the spreadsheet and then removed the last 2 columns that add the 8% interest on.

 

hope this helps

 

Stacey

19.7.06 - Statements Received

22.7.06 - Prelims Sent (Recorded Delivery)

24.7.06 - Prelims Received by Halifax

02.8.06 - Standard Customer Complaint Letter Received

05.8.06 - LBA Sent (Recorded Delivery)

09.8.06 - LBA Received By Halifax

19.8.06 - 10% goodwill offer received

19.8.06 - 100% goodwill offer for small claim

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  • 2 months later...

I've been unsuccesful with my on line claim (on the last day) and I've now received a defence to the claim at my local court. Should I proceed???

 

I wouldnt care I messed up my claim in the first place cos I was claiming £299 + the 8% but I didnt add the 8% to my total, not realising until I'd submitted the claim.

 

Anyway their defance has 9 points and seems to go on forever, even onto a seperate sheet. I cant list it all here but they say that when I opened the account I knwe that there would be charges and if I'd stayed in credit etc.,

 

I'm woried now that I'm going to be the first person to fail and end up owing them money that I cant afford to pay!

 

Can anyone advise please?:o

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I've been unsuccesful with my on line claim (on the last day) and I've now received a defence to the claim at my local court. Should I proceed???

 

I wouldnt care I messed up my claim in the first place cos I was claiming £299 + the 8% but I didnt add the 8% to my total, not realising until I'd submitted the claim.

 

Anyway their defance has 9 points and seems to go on forever, even onto a seperate sheet. I cant list it all here but they say that when I opened the account I knwe that there would be charges and if I'd stayed in credit etc.,

 

I'm woried now that I'm going to be the first person to fail and end up owing them money that I cant afford to pay!

 

Can anyone advise please?:o

 

Hi dont panic which bank is it. Just read the threads and faqs they will help you, a defence on the last day is the norm if you are dealing with Natwest or RBS and cobbetts

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Don't worry. It's completely standard that Lloyds have entered a defence and from what I've seen it's always a long defence. Check out some of the threads in the successes forum to reassure yourself that this has happened before and so you know what to expect next.

 

Don't let them panic you though. If you spend some time getting familiar with the next stages of the process then they won't be able to put you off with their next actions.

 

Good luck. Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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Hi Robbo,

 

Obviously, without seeing the defense in full I can't say for certain - however, it seems that Lloyds have filed the exact same defense that they have for every other claim filed against them. It also sounds as though you've received the same letters and mis-information from them that everyone else has.

 

I suggest you read around various threads in the Lloyds forum. In particular, you should look at the threads in the "Lloyds Successes" forum, as these will more likely than not contain identical copies of the above info.

 

In short, carry on. You will have received an Allocation Questionnaire from the courts along with a copy of Lloyd's defense - you should sign and return this, especially seeing as there is no extra fee to pay for your AQ due to the low amount you're claiming. Additionally, assuming your claim is allocated to the Small Claims track, you will not be liable for their expenses in the remote possibility that you do get sat in front of a judge and do lose.

 

Remember: This is your money they have taken unlawfully. Not quite the same principle, but if your next door neighbour walked into your house and stole your wallet - all on video tape - would you let him get away with it?

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

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

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Thanks fot the quick reply. Its Lloyds TSB. So you think its worth taking them on?

 

YES they have taken your money from you. All you need to do is read the faqs and Lloyds threads. They will pay the full amount in the end. All they are trying to do is scare you. They are hoping that you will capitulate chack out the returned charges survey see how much the have paid out already. Any probs pm me.:D

  • Confused 1
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It means send a private message Robbo - click on a user's name and then select 'send a private message' :)

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

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

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It stands for Private Message. Click on the username and select send a private message. You can then send a message to that user that only they will be able to see.

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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Guys is can I add the interest that I foolishly missed off now or is it too late for that?

 

Should I contact them and suggest that?

 

You can write to the court and inform them you have made a mistake and ask them to change the amount claimed, however how much is the interest? if it is very small i would consider not bothering.

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Definitely worth bothering about then.;) I'd follow livelylad's advice and write off asking the Court to amend it. I'm sure it won't be a problem.

 

Good luck. Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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Thanks lucid. I've just read one of the success stories from LTSB and he got a letter from their solicitors a few days after their defence letter offering full settlement. I guess there is hope yoe but I guess it cant do any harm to write in about the intyerest

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