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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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Now it's my turn!!!


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Hello all,

 

I posted the template to the Halifax asking for all details of charges form the past six years on the 21st April. The cheque for ten pounds was cashed on the 10th May. I assume I will be receiving my statemennts shortly.

 

The account in question has been closed for a good six months, and we owe some money on a credit card and loan which is being paid off slowly but at a rate we can afford. All accounts with the Halifax have been closed, could they just offset any refund against the money we owe them, or do we directly recieve any justified refunds?

 

Thanks for any help, or if anyone is in the same situation what happened with you.

 

If any refund is forthcoming, I think it is definitely a good idea to donate a portion to this wonderful site.

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i dont think they could use the refunded money to pay the money back you owe... the refunded money at the end of the day is your property not theirs. otherwise in effect its the same as them stealing the money from you - which they pretty much do anyway with all the charges!

 

good luck!

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In the case of a closed account, I can't see how they could do that, they should just make a cheque payable for the whole amount. It would then be up to you to resolve the amounts owed on these accounts / cards.

 

That doesn't mean they wouldn't try....

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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there would be no precedent or authority for Halifax to credit either of your remaining accounts with monies refunded relating to a closed account. They would not have your authority to do so. It is likely that you will receive a cheque as payment.

 

That is not to say that they may "offer" to offset. But they would require your authority/agreement.

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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Thanks for all your replies, I've been away for a few days so apologies for the delay in responding.

 

I returned to find statements dating back five years, I've run through them and totalled up all the charges, the magic figure...... £1403.

On to step 2!!!

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Just a quick one, I don't know if anyone can help. The halifax closed my account when I stopped using it when it was £234 overdrawn, all brought about by charges. I suppose it's obvious, but I can't include these charges when I claim back what is owed because I never actually paid them, right?????

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Yes, you need to include all the charges, and then effectively 'pay them back' once you get the refund.

 

I'm in the same position.

 

By the way, have your credit files been affected by this debt?

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Hi Jonni,

 

my credit file has been affected through these charges, as I didn't always have enough in the bank to pay credit cards etc, which also incurred late payment charges. It turned into one big vicious circle.

 

Big day for you tomorrow,Court action commences??

Good Luck!!!

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Well, sent the 2nd letter off this morning asking for it all back. Went for the full £1403 in the end. Hopefully this won't give them excuses not to pay at all.

 

Fingers crossed!!

 

They don't have any phone details for me any more so at least things will be done within the comfort of an envelope. Much less chance of confusing me when it's in writing:|

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Since I last posted I have received another set of statements (probably got my tenners worth in postage there!!), the standard 'we'll get back to you in 4 weeks' letter and then today I received an offer of £278 in full and final settlement. I was ready to write my letter stating that I am working to my own timescale and they should comply within my 14 day deadline before my LBA. This offer of settlement has given the old confidence a lift and I can now tie in the refusal of their offer in with the working to my timescale letter.

 

Should I accept their offer but remind them that I will be seeking recovery of the full amount?

 

This looks to be moving in the right direction and my missus is even starting to believe now!!!

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You can certainly accept on that basis, but it's also very likely that they will withdraw it. If you are at the dtage of another letter anyway, just add it into that.

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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It would be much appreciated if someone more knowledgable than myself could scan through this letter and let me know if it is okay? Thanks in advance.

 

 

Dear Sir/Madam,

Thank you for your letters; dated 24th & 26th May 2006, in response to my letter, dated 20th May 2006. I would like to refer back to my letter dating back to the 20th where I outlined the timescales I would be working to, I have allowed 14 days from the date of that letter for you to issue a refund of £1403 in full and final payment in respect of the unlawful charges levied against me in the five years I held this account.

On 26th May you made me a full and final offer of £278.00. Unfortunately I find your offer totally unacceptable as full and final settlement.

I require repayment in full of this money. If you do not comply fully within 14 days of my letter dated the 20th May 2006 then I shall issue you with a letter before action giving you a further 14 days to comply, before starting a claim against you for the full amount plus interest plus my costs and without further notice.

I hope that we can conclude this matter swiftly.

Yours Faithfully,

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I agree with Jonni. I wouldn't even bother. I got the same letter offering £83.00. Not worth the ink and paper replying. Just sent the LBA within my timescale, and now have done the moneyclaim online.

If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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if your letter was dated 20th and you gave them 14 days your LBA is due next saturday anyway. As Jonni says, just add a paragraph at the beginning declining their KIND offer!!!! If you have no intention of accepting an offer they'll let it go all the way anyway.

 

My claim is only for £450 and I got an offer of £83. I declined this on my LBA and they didn't even reply. I have been a customer for 30 years and have a mortgage and loan with them all fully paid up and always been a compliant customer coughing up charges on the odd occasion (£450 in 6 years) and they have still held out until I made the moneyclaim online.

If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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You can certainly write that letter - it would show a court that you had attempted to resolve the matter at all stages.

 

If you prefer, wait until the date for sending the LBA and include a note in that, as above, stating that their last offer is not acceptable as F&F but you will take it and claim the rest if they agree.

 

Which they won't.:D

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Just an update on my progress....

 

 

I haven't managed to send the refusal of offer letter as I got called away for work. Nevermind, I think such a derisory offer deserves to be ignored on reflection:D .

 

As Vix pointed out, the LBA is due on Saturday so I've got that all ready to post off.

 

What will happen now that the OFT deadline for justification of the level of charges has now arrived. Will the bank have anything up their sleeves that could effect anyone not fortunate enough too already have been settled????

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Well, we doubt it!

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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One question that I keep forgetting to ask, the account I am claiming on has been closed but I do have a an unused basic account that has a quid in with them.

 

If I was successful in my claim would they automatically pay the money into this basic account? I would be reluctant to have this done as Halifax have clauses in their contract that states they can withdraw funds from any other held accounts to satisfy any arrears on other accounts. As I have stated before, we do have loan and credit card accounts in arrears which we are slowly paying off. Surely they would just take this money back to lessen the debt on the others.

 

I don't mind closing this basic account because we have a Natwest Current account that we use now, but what is the best/ quickest way to close the account?

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Don't know about that. Have got my charges back today and they were paid into the current account that I claimed them from.

 

I would think the quickest way to close an account is to go into the branch. I have done this before and they close it straight away.

 

Hope this helps.

If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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No probs. Hope you get your soon. Good Luck.

If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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