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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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Charged AFTER Settlement of Claim


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Dear

 

Claim Number

 

You have not filed a defence for claim number XXXXXXXX (Town/City) County Court, and the time to file a defence has now passed.

 

I am writing to give you one final opportunity to make full payment of (£ amount)

 

If I have not received payment in full by 4pm (date - seven days hence) I will enter Judgement in default.

 

Yours sincerely

di you send this to the solicitors

-----------------------------------------------

Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

If my advise helps click here http://www.consumeractiongroup.co.uk/forum/reputation.php?p=366404

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Hi Nathal, I have already done the judgement part and no, I didn't send a letter beforehand. They know what's happening (or should do) better than me. I was on holiday prior to that and I was expecting them to ask for a stay so I waited for 9 days before entering judgement. The next step is the warrant but I have sent the above letter to give them one final opportunity to at least acknowledge me before that happens! Don't know if I'll get any joy though!

Hugs,

Tra X

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Hi, I used Money Claim Online but didn't attach the schedule of charges as there was not enough room. I didn't send it on to the county court but did send it on to solicitor's at a much later date. Will this matter?

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No, the court will ask you to provide one, if a date is set.

Kingliam

:!:

 

On behalf of the Ginger one

Lloyds TSB - 1ST 12/07/06-LBA 26/07/06-MC-14/08/06-Court-31/01/2007

Halifax - D P A 02/10/06

On behalf of MumKing

Barclays Bank D P A 29/08/06

 

On behalf of DJ Sunny

Alliance & Leicester D P A 29/08/06

 

On behalf of GrandmaKing

GE Capital D P A 30/10/06

Barclays Bank D P A 30/10/06 - 1ST 15/11/06 *Microfiche [problem]

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After all of the above steps, and after waiting for a week after entering judgement I thought I'd give the solicitors a little more time before issuing a warrant so I wrote them the above letter giving them an extra week before such action and sent it off recorded delivery which they received.

Still not heard anything so I gave them a call today.

Guess what? They say that they DID file a defence online but they also say that there must have been a fault with the system because lo-and-behold, it didn't show that it had gone through! I've never heard such nonsense. Everything I've entered on Money Claim has gone through ok and I haven't heard anyone else say there was a problem with the system.

They say because of this fact that a judgement shouldn't have been allowed and they have got a stay so I should be receiving my AQ soon.

Fuming? Steams coming out me ears!

Funnily enough when I rang Northampton County Court to complain, they say that a stay has NOT been granted, they did NOT file a defence, and [problem] has been in contact with them but only to apply for the removal of the judgement, to which they haven't returned the appropriate forms (quote from the very helpful operator: "We've sent them the forms but they haven't even bothered to send them back. They want the judgement removed but they're not putting the work in."). She also said that they shouldn't have mis-led me like that and if they're going to be funny about it to not wait but carry on to the warrant stage.

Should I send a letter to the County Court explaining my misery :-x and if so, who would I address it to, send a letter to [problem] informing them that I intend to go ahead with the warrant, or just sit back and see if they get their way and have the judgement removed so they can drag their heels into 2007 before paying me what's rightfully mine??????

Still seething!

Big hugs,

Tracie XXX

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(STARTED A NEW THREAD)

After all of the above steps, and after waiting for a week after entering judgement I thought I'd give the solicitors a little more time before issuing a warrant so I wrote them the above letter giving them an extra week before such action and sent it off recorded delivery which they received.

Still not heard anything so I gave them a call today.

Guess what? They say that they DID file a defence online but they also say that there must have been a fault with the system because lo-and-behold, it didn't show that it had gone through! I've never heard such nonsense. Everything I've entered on Money Claim has gone through ok and I haven't heard anyone else say there was a problem with the system.

They say because of this fact that a judgement shouldn't have been allowed and they have got a stay so I should be receiving my AQ soon.

Fuming? Steams coming out me ears!

Funnily enough when I rang Northampton County Court to complain, they say that a stay has NOT been granted, they did NOT file a defence, and [problem] has been in contact with them but only to apply for the removal of the judgement, to which they haven't returned the appropriate forms (quote from the very helpful operator: "We've sent them the forms but they haven't even bothered to send them back. They want the judgement removed but they're not putting the work in."). She also said that they shouldn't have mis-led me like that and if they're going to be funny about it to not wait but carry on to the warrant stage.

Should I send a letter to the County Court explaining my misery :-x and if so, who would I address it to, send a letter to [problem] informing them that I intend to go ahead with the warrant, or just sit back and see if they get their way and have the judgement removed so they can drag their heels into 2007 before paying me what's rightfully mine??????

Still seething!

Big hugs,

Tracie XXX

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Hi Smelliellie!

I've just done it! The worst that can happen is to suspend the warrant whilst they investigate all the facts. If I'm gonna have to wait around for them to get their finger out I mays well wait on my terms!

Grrrrrrrrrrrrrrrrrr. Still wound up!!!

X

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Yes, just done it. I don't know how they keep getting away with it. Time limits are there for a bloody good reason.

I was crapping myself when I first started all this. I felt so out of my depth. But now? I'm so angry that all I can say is......LTSB -

BRING IT ON!!!!!!!!!!!!!

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Good for you, Tracie.

Sooner or later a judge is going to come down really hard on these clowns for their breathtaking abuse of the system.

Write a protest letter to the court (as long as you quote your claim number it will be added to your file). Email or fax it for speed and follow it up with a hard copy.

Don't contact SC&M any more, they've had their chance.

Keep the pressure up.

Somehow I think a cheque will be winging its way to you very soon!

 

Elsinore

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Thanks Midge and Smellie! Just waiting to see if the court validates my warrant or not. Fingers crossed! Didn't realise [problem] were so under-handed. Then again, everyday they drag it out with us is money in the bank for them I guess. The legal fees alone must be costing LTSB a bomb. Well, we know what it feels like to lose money for nothing - so HAH!

X

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Thanks for that Elsinore, let's hope so! You're right, I won't bother contacting [problem] again because it's pointless and they're misleading! I'll contact the courts. An email sounds a good idea. Don't suppose you know the addy?

X

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Hi All,

As I said yesterday, I started the warrant online in the hope that this farce will be wrapped up sooner rather than later, with the cost of £55.

In the meanwhile I did as Elsinore suggested and sent both a letter and email to Northampton.

Kept checking my online claim details all day to see if the warrant had been validated.

Sometime after 4.30pm the warrant was rejected. This means that I have lost the £55, along with some of the fighting spirit that I had yesterday.

I followed the time scales, gave them extra time before taking it a step further and officially was well within my rights to issue that warrant after judgement.

Now is the time that I feel utterly deflated and I really feel like giving up. I have played ball but have still been knocked back, and if they can do that when I have done everything correctly then I feel they can do anything they wish.

That £55 is half of what I get each week and to just lose it like that feels exactly what if felt like when LTSB used to charge me.

Hey, maybe to recover my fees I ought to take the court to court :rolleyes: . Oh the irony!

Dejected, sad, headache, off to bed.

Goodnight, God bless.

Tracie X

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Why was the warrant rejected? Is is because SC&M persuaded the court to accept their defence? Or Northampton discovered their mistake?

You were positively encouraged by Northampton to file for a warrant, so you should kick up a stink and demand the return of the fee.

Did you get the name of the person who told you to go ahead with the warrant? If so, your halfway to a refund. Even so, I would still complain, in writing, about their inefficiency which led to your loss.

 

Elsinore

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Yes Gresham Street is head office. Top person? That'll be the chief exec, Eric Daniels. He's the Big, big cheese.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 3 months later...

I think I've really messed up! I have received my settlement last month after 6 months of waiting. I have since been charged twice for going over my overdraft last week. Once because a company billed me more than it should (I have to sort this out) and once because I was charged my monthly account fee, which wasn't covered because the company had taken more money out than it should!

My problem is when I received the settlement offer from S,C&M I just signed it as it was without any amendments, but I think it may have meant that the settlement was a full and final payment against my claim and any future ones? Does this mean that I have to pay these current bank charges as it's going to be a struggle - actually impossible and I can just see it going the same way as it did before - charges that I cannot meet that incur more charges, until it snowballs out of control.

Can anyone please advise?

Thanks in advance!

Tracie

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Hi Tracie,

 

It depends on what their conditions of settlement were. Why don't you post up the conditions they made sot hat we can see what you have signed. They may not have made that condition - you never know. :D

 

Lucid :)

 

EDIT: Sorry I've just seen that I've posted as Mindzai but it is Lucid :)

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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Hi

 

If you have been billed more than you should have by a company, you are entitled to a full and immediate refund under the Direct Debit guarantee, as long as the company did not inform you of the additional payment 10 days before taking the money, I have had this out with Lloyds myself and am now in the process of a fresh claim as they would not back down (again) over the charges. My original claim was settled by the funds being transferred into my account though, I didn't sign anything.

 

good luck

 

Claire

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