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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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GaryH v Lloyds TSB - WON !! UNCONDITIONALLY !!!!


GaryH
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First of all, well done on a great site! It's so good to see greedy banks get some of their own back.

 

Anyway, I sent the prelim. on 15th May and received my first 'sod off' letter (including vague threats to withdraw facilities) this morning. Before I procede with the LBA, i have a question to ask if i may:

 

I am claiming £231, but another £105 worth of charges is due to be debited from my account on the 1st of June. Should I include this in the claim?

 

Thanks in advance,

 

Gary

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Hi Gary,

I would send LBA on the 1/6 with the new charge added on. Some posters are sending LBA as soon as they get a reply from prelim letter, which they can do.

 

You can add any charges on to your claim right up to money claim (court).

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Thanks for the reply. That makes sense, i think thats what i'll do. I was eager to hit them with the LBA ASAP, but probably best to wait the full 14 days as it says on the prelim.

 

Cheers

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  • 1 month later...

Hi everyone,

 

I have'nt posted for a while, so here's an update of my claim timeline:

 

Prelim sent 15th May, standard sod off received 19th May.

 

LBA sent 1st June, standard sod off received 4th June.

 

Moneyclaim filed 16th, claim issued 19th June and acknowledged 21st June.

 

I think its also worth noting that on 24th May, I rang Lloyds to complain about a new, and particularly ruthless, round of charges. I asked to be put through to customer care, and spoke to an employee whom I informed of my claim and I asked for the new lot of charges to be suspended pending the result of the forthcoming legal action. The employee then stated that my request could not be granted as "The charges are automated and unless applied in error cannot be over-ridden." I asked the employee to repeat this, which he did, and took his name. As soon as I put the phone down I recorded the exact time and a transcript of the conversation.

 

Could this be significant if the case goes to court?

 

Also, on Tuesday I had another DD returned. Had they paid it, my account would have been overdrawn by the grand sum of ONE POUND AND NINETEEN PENCE!!! Then yesterday, predictably and regular as clockwork, I received the usual computer generated letter informing me of another £35 charge. This is yet another perfect example off the grossly disproportionate and unreasonable charging policy of Lloyds TSB. Im still absolutley fuming about this and although the claim is now at moneyclaim stage, I've drafted a letter which I'm going to send to Just and Horton at Customer 'care', and the chief exec. I'll post it here perhaps when I've finished / edited it.

 

entered in litigation in progress

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Tell them you want them refunded as you already have a claim against them and will not hesitate to start another one if need be .

Your transcript is no good as its your word against theres what was said unless you want to make a DPAR for it , even then don't be suprised if its lost , accidentally damaged etc .

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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As mjanet says Gary - tell them you want the extra charges refunded :)

 

As your claim is already at the Moneyclaim stage, you may want to hold off until you recieve an offer from Lloyd's solicitors - chances are if you request they refund the additional charges as part of your settlement they may well do so.

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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  • 4 weeks later...

Just checked on the money claim site and Lloyds have submitted a defence at last. Predictabily last-minute as ever, the deadline would have been up tommorrow!

 

How long is the wait for the allocation questionnaire usually?

 

Im not worried about court in the slightest, in fact I'm considering rejecting any offers and letting it go all the way. Its about time these slimey parasites faced some consiquences for their blatant abuse of the legal system, not to mention the deceitful way they treat their customers. For all the good work of this forum (and others) and the slowly increasing public awareness, these banks are still allowed to carry on looting peoples accounts day in, day out, driving hard-up families into financial ruin as a direct result of charges they have no legal right to take. How the hell is this allowed to go on?

 

Are their any issues to be aware of in rejecting the (presumably forthcoming) offers and taking it all the way to court? Could the fact that I will have refused a settlement go against me in court?

 

I'd be interested to hear any views and opinions on this.

 

Cheers,

 

Gary

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There are many people on here who would love to get the banks into a court but sadly if they offer you full settlement you have to accept it.You do not have to accept any conditions attatched though and they really push for them ,but then they back down each time.

 

As for the AQ sometime the solicitors put it in in time sometimes they don't , in my case the judge gave them an extra 14 days ( solicitors still couldn't get it right ).

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Boo! Thats a great shame.

 

As for conditions - no chance! Especially after seeing the outcome of your case.

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Received defence today. Usual rubbish by the looks of it. Ligitamate charge for a service, not a penalty so no pre-estimate of loss is required, etc,etc. Is that what everyone gets?

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Ooops! Looking back over my particulars of claim on MCOL, it appears I have left out the paragraph about the 8% interest. Is this anything to worry about?

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There are many people on here who would love to get the banks into a court but sadly if they offer you full settlement you have to accept it.You do not have to accept any conditions attatched though and they really push for them ,but then they back down each time.

 

Just a thought do the Full and Final Settlement Offers come with

"Without Prejudice" so surely this cannot be used in court

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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Anyone? I'd appreciate an opinion on wether or not omitting the 8% interest paragraph is anything to panic about, is it advisable to get the claim amended? I've added the interest onto the total (only about £13) but for some reason did'nt include the paragraph:? :shock:. Any advice would be much appreciated - is this the sort of cock up they could exploit in any way do you think?

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Bump!

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  • 4 weeks later...

Hi all,

 

I received two letters from SC&M on Tuesday morning. One with a copy of their allocation questionnaire and the other containing , yep you guessed it, a settlement offer - seemingly the usual letter with 4 conditions as per Bean's, et al. After a bit of consideration (and with inspiration drawn from cases such as mjanet's), I have decided to decline the offer. Here's my letter of response, any constructive critisism or comments / suggestions would be most welcome.

 

 

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

 

 

 

 

 

** ******* Street

Swindon

Wiltshire

SN* ***

 

 

 

 

 

 

 

 

Sechiari, Clark and Mitchell

Department SO

PO Box 499

Upper Ground Floor

1 – 5 Queens Road Quadrant

Brighton

BN1 3XJ

 

 

 

18th August 2006

 

 

 

Dear Sir/Madam,

 

Account Number: ****** ********

GaryH-v-Lloyds Bank PLC

Claim Number: ********

 

Thank you for your letter dated 14th August 2006, in which you offer settlement in relation to my claim against your client, Lloyds TSB Bank PLC.

 

Regretfully, I am unable to agree to settle upon the terms to which you request. In previous correspondence with your client, I have made absolutely clear on numerous occasions that this matter will not be resolved until such time as I receive a full and unconditional re-imbursement of the money taken from me by way of unlawful charges. Whilst I realise that I must mitigate my loss, I am under no obligation to accept any conditions and furthermore, you have no right to attempt to impose them. I am prepared to settle this matter for the amount of the claim, namely £364.03 as per your offer, but this amount should be offered unconditionally. Please note that my position on the matter of conditions is final and that no further correspondence or negotiation will be entered into in this regard.

 

I feel I must also comment upon how disappointed I am at the manner in which both you and your client have conducted yourselves throughout the process of this claim. You have displayed brinksmanship at every single stage of the process which I find to be most distasteful. Also, as these seem to be the tactics deployed by you and your client in every other case similar to this one, these tactics are seemingly an attempt at intimidation which, in my view, constitutes a cynical abuse of the court system.

 

Furthermore, I find the tone of your recent letter to be inappropriate and the content to be, in part, deceptive. I particularly refer to the first paragraph in which you state the letter to be “confidential between yourself, ourselves and the bank.” However, you must surely be aware that there can be no unilateral imposition of confidentiality in these circumstances and for you to state otherwise is an untruth. Should this disingenuous representation continue in future correspondence, I may be minded to make a formal complaint to the Law Society.

 

 

 

 

Yours Faithfully,

 

 

 

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

 

 

 

 

The balls in their court now, it'll be interesting to see how they respond.

 

 

 

 

Gary

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The above was sent on the 19th August, no response as yet.

 

BTW, did anyone else get a copy of the defendants A/Q at the same time as their settlement? I did, and in the 'witnesses' section they say they are to call 1 witness. Is this the same as everyone elses?

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  • 2 weeks later...

Still no reply from SC&M, so I sent this by fax a couple of days ago:

 

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

(ME)

Sechiari, Clark & Mitchell

Department SO

PO Box 499

Upper Ground Floor

1 – 5 Queens Road Quadrant

Brighton

BN1 3JX

 

5th September 2006

 

Dear Sir/Madam

 

 

Account Number: ****** ********

Me -v- Lloyds TSB

Claim Number: 6QZ39292

 

I write further to our recent correspondence regarding the matters as detailed above.

 

To date I have not received a reply to, or even an acknowledgement of, my letter to you dated 18th August 2006. Contained within this letter in was my response to your client’s offer of a conditional settlement to these matters.

 

I respectfully request that you would kindly afford me a response to this letter informing me of how you and your client intend to proceed. Or, in the alternative, please at least provide an acknowledgement of the safe receipt

of the letter, along with an assurance that the matter in question is receiving your prompt attention.

 

For your convenience, please find attached copies of the correspondence to which I refer.

 

 

 

Yours Faithfully

 

 

 

 

Me

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

 

Still no response (predictabily) so I rang them half hour ago. Mr Thomas was in a meeting apparantly so I got to speak to a miserable sounding git by the name of Harry (Barry? one of the two) Alan. He said yes, they'd received my letters but there was not alot he could tell me as they were awaiting instruction from their client. I did'nt say anything specific with regards to the case, but I told him it would have been courtious to at least acknowledge my correspondance, as they requested of me in there letter (settlement offer). 'Not alot of point if theres nothing to tell you' he said. 'We will be in touch when our client instructs us further'.

 

I can wait. All the sweeter when they finally fold. Or..... maybe, just maybe, I'll get to have my day in court. Service Charge?!?! Bring it on!

 

 

edited ;please dont use this word !!

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  • 2 weeks later...

BUGGER!!! A stay has been ordered!

 

Not really a surprise though, I had quite a revealing conversation with one of my local County Court staff (getting a bit of a regular now:rolleyes: ), and most of what he said, although he could'nt give specific details, seems to have come true over the last few days. I'm going to apply this afternoon to get it removed, plus send (another!) letter to the OFT and my MP.

 

Also, I closed all my Lloyds accounts yesturday. Well rid of that 'orrible lot.

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Also, I closed all my Lloyds accounts yesturday. Well rid of that 'orrible lot.

I know the feeling Gary. We can't wait to get rid of them ourselves - although we don't have the luxury of being in a position to do so until our claims come to an end. ;)

 

Hopefully you won't have to wait too much longer now before they agree to your settlement terms.

 

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 for your support Lucid, its appreciated.

 

Thing is, now that a stay has been ordered I can't see that SC&M are going to be in much of a rush to settle on my terms. I'm gona try to get it lifted but I'm not holding out much hope. You can see why the courts want to go down this road, but I think they'll find in the end that its totally misguided. It just plays into the banks hands at the end of the day, and I just can't see a test case actually going ahead - they're just not going to disclose are they? Grrrrrrr... :mad: :mad: :mad:

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Darn it!

C

29 March 2006 Data Protection Act Request sent for ac 1 (then she got a bit distracted but got another charge so...)

27 May Prelim letter sent for ac 1

27 May Data Protection Act Request sent for ac 2 & 3

21 June Prelim Letter sent for 2 & 3

14 July LBA sent with schedule for ac 1 & 2 & 3

7 August MCO filed – defence expected 10 September

11 September defence filed - signed Sean Copping

12 September AQ form received

18th September AQ sent back to Lambeth Court and copy sent to solicitors both recorded delivery

13th Feb 2007 Court Date Set

15th Feb Reclaimed Money is in my bank Account

 

Cat's opinions are those of a nurse and most definitely, definitely not those of an accountant or solicitor, although she was always quite good at sums and elocution.

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What is the reason for the stay? Have the courts imposed it or did SC&M apply for it?

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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Stayed till March the 1st next year to await the outcome of the test cases that have been transferred to the Mercentile Court.:( From what I've heard, there could well be stays ordered on quite a large scale.

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Sorry to hear that GaryH...:Cry: Was this ordered by the court though, or can SCM ask for it themselves on those grounds? Which court was it out of interest?

Saj x

SEE MY THREAD HERE...http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7358-saj-lloyds-tsb.html

Data Protection Act letter sent recorded delivery 15.5.06

Compliance 1.06.06

PAR letter sent recorded delivery 7.06.06

1st denial received 13/6/06

LBA letter sent recorded delivery 21.06.06 (received 22/6)

Moneyclaim filed 7/7/06, Served 15/7/06

Allocation questionaire returned 28/8/06

Court date 1st December :lol:

SETTLED UNCONDITIONALLY IN FULL 5.10.06

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It was the courts own motion. Nothing to do with SC&M, although I bet they're pretty chuffed about it. Swindon CC.

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