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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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new problem, help needed


Jen Runciman
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Hi you wonderful people.

 

:D Well i am pleased to say that the bank have 'without admitting liability' agreed to pay back all my bank charges. i received a letter from them with an out of court settlement, after i won by default through money claim online??!! Now the problem is they are insisting that they pay this money into my account (already in my account and was before i received their letter!!!) which is overdrawn and is on an enquiry only status, so the little bit of money that is left i can't even access!! :confused: Now correct me if i'm wrong but i understood that they had to settle by cheque when it went to court.

 

I phoned the bank on Friday and told them i wanted this in cheque and they told me it was the bank's policy to refund the charges into the account from which they were taken. While i am chuffed to bits to have won this i still feel that this is my money and it's up to me which debt i pay off!!!

 

HELP. Can anyone help me, i wondered if i can reject their offer and serve a warrant through the court, or is there another possible route to take.

Cowbag 13

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Hi there

 

You stipulate how you want the money - not them. Phone them back and tell them that unless they remove it from your bank account and send you a cheque you will be proceeding to court.

 

This is yet another way that the banks are trying to exert their power. So they have a "policy" now do they? What the bank is failing to recognise is that this is "your" money not "theirs" - not matter what their policy is. What bank are you with? If its RBS then I got the money paid to me by cheque so they are talking rubbish. I am about to sort BOS out tomorrow and will only accept a cheque from them too.

 

Good luck. Be firm with them. Who do they think they are? Cheek!!!!

 

Annie

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But here lies the problem Annie, i have already taken them to court and won by default but they still paid the money into the account. i'm with BOS by the way. Do you mean i should threaten them with a warrant from the court?

 

Thanks

 

Jen

Cowbag 13

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Hi Jen

 

Well, if you have the judgment by default then it is up to you to decide how you want it paid. It is not up to BOS to tell you how they are going to pay it. By paying it into an account with an overdraft they are effectively paying themselves, which completely defeats the purpose. I would contact the court tomorrow and ask them what you should do about it ie tell them you want it paid by cheque and not into your account. See what they say. If they say its your choice then advise BOS you will proceed with the action if they dont pay you by cheque.

 

One thing I think is really funny. BOS now have a "policy" on repaying charges. Obviously they think they are going to get lots more claims then and realise now that the charges are unlawful!!!! ha ha ha

 

Good luck

Annie

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I think you should really stress your point about the "enquiry only" status and therefore you have not received any money from the bank. You settlement has not been met.

 

Discuss this with the courts tomorrow - ok they have offered an out of court settlement which they have already paid you but it also looks like you didn't agree to this settlement either?

 

Ensure you first have everything laid out in your head in case you have to argue the case - the judge / whoever you speak to COULD disagree with you.

 

Ensure you outline that it is your perogative which debt you pay off, that you are unable to obtain any of your settlement and any other argument you want to put forward.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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