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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.
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HSBC Bank


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I would have thought that HSBC would have to send everything relating to the case to DG, but DG sometimes request that you send a copy of your charges to them after you have filed with the courts. I'm beginning to wonder if HSBC actually talk to DG at all!

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

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I know what you mean, why would they file a defence when HSBC Bank sent me a full offer, albeit late??

 

I think i will send it to them so they have all the facts on the table from the beginning rather than asking me for more information later. Will also send a copy of my reply letter to HSBC stating that as letter was received after i had submitted an MCOL, it is not acceptable to me and wish to proceed with my claim as filed and then everybody is clear on the current situation.

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even saying that pete - dg never acts like they have received a copy of the breakdown from the court - they always ask for one - maybe they are just sealed up in a room somewhere with no outside communication at all except one phone call a day and they let the postman in and out quickly.

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  • 1 month later...

... HSBC Filed a defence at the last minute back in May, i had a letter from the court advising me of this and a Notice of Transfer of Proceedings dated 22nd May and haven't heard anything else since.

 

Is there something i should be doing?

 

Also if i go to court what evidence will i need to show the judge? How likely is it to end in a court case?

 

Any help would be apprecaited.

 

Z

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the local court will be in touch - they may or may not require an aq to be filed - most local courts are dispensing with it - see post one of this thread:New---after 28 Days - Maybe No Aq!!!!!!!

 

these cases still aren't going to court - but it may be necessary to produce the court bundle at some point - so i've written a new thread with that in mind - but don't even think of doing it until you are asked for it.

 

mainly now, you need to wait to hear what the local judge directs - you should hear within a couple of weeks - if you hear nothing for 2 weeks - ring the local court with your claim number and ask what the next step is.

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Hi, it does take a long time for your local court to write to you, your case will have to go before the judge and he will decide which way he wants to play it and then you will get a letter. They are really busy at the mo. and it can take about a month before you hear anything. On the plus side thay are usually pretty helpful and wouldn't mind if you phoned up and asked nicely if they wouldn't mind telling you an update on your case and if/when it was going before the judge.

Don't worry too much about what you need to take to court yet, it probably won't get that far, and this site has all the info. about what you need. Its called a basic court bundle and Lateralus has just done a brilliant post called court bundles for dummies with everything you need to know in it.

I would ring the local court and ask if they wouldn't mind updating you and also you could do a nudge letter to DG the HSBC solicitors with an updated spreadsheet of charges.And just read as much as you can on this site,:)

Hope this helps a bit.

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Ok thank you, I have just read a thread about this and i will do lots of reading in the meantime, it would have been 3 weeks tomorrow since it has been transfered, so will give they a call in the morning to see whats happening as due to go away soon and don't want to miss anything important.

 

Z

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It tool from the 12th April to the 9th may for my local court to send anything to me. If you haven't heard anything after a week or so, give your local court a ring and ask them what is happening. also ask if an AQ is to be done and if not will the AQ fee still be payable. As for DG, send a nudge letter every 10-14 days or so together with a copy of your schedule of charges. If you are claiming the daily interest aswell just add a note to the bottom of your schedule telling them how many days has passed since you have filed your claim, your daily interest rate and the daily interest accrued to date.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

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