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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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Bankchargesnotus V Yorkshire Bank


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Just spoke to the court admin and although I am only catching the drift of what the judge has said it has been allocated to the small claims track and she thinks the earliest court date they can give me is OCTOBER !!!:( she was lovely and said she would try to fit me in before then if poss but I cannot believe it is going to be stretched out that far!!!!!! feel like crying to be honest, I started this in November so it is going to be a year in total if not more and when I have looked all over this site at success stories I cannot find any that have gone that long:(

 

I have just tried to log onto the CAG chat but the link is not there o cannot even get advice there, anyone help, I know I shouldn't be relying on getting this back to pay off bills etc to make life a little easier but I have to say I was thinking it would be 2 months at the most, very most, anyone offer any advice!!!????!!!!

 

PLEASE!!!!

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Chat is currently suspended at the moment due to a security breach

 

There are so many people claiming back charges that courts are becoming clogged up with small claims. Fingers crossed that hopefully you won't have to wait that long.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

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Regrettably this bank do seem to take longer than most, so don't rely on it. You will get your money back, but it will take time. Luckily you seem to have found a sympathetic court official, so I suggest that you phone every few weeks to see if they have a cancellation. I wouldn't do it more often or they may get fed up of you and not co-operate.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi all!!!

 

Got notice of Allocation to the small claims track (hearing).

 

The hearing of the claim will take place at 10.00 on the 7 August 2007.

 

Each party shall deliver to every other party and to the court offices copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 14 days before the hearing. Such documents shall include copies of any statutory provisions and reported cases relied upon.

 

The agreed documents shall be brought to the hearing.

 

I am assuming this is the court bundle, can anyone clarify what that includes so I am clear, also can I ask to include the peter mcnamara comments and also the Cynthesis info, (where can I find these)??

 

Am I better doing this sooner rather than later I know it says no later than 14 days before however I was hoping as the other side have to agree (I think) to what I am submitting to the hearing that hearing I am bringing this kind of damning evidence just might spurr them on to settle sooner, Or would the court not forward this information to them until 14 days before anyway???

 

Any advice would be much appreciated dont want to get it wrong at this stage.

 

Really missing the chat room, been trying to look for the thread from Bankfodder about it but cannot find it, anyone else managed it???

 

XXXXXXXXXXXXXXXXXXX

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Yes they are talking about the court bundle. I'm sending mine in before the 14 day deadline. You have to send YB a copy of the court bundle yourself. I've included a transcript of the Peter Mcnamara interview which can be found in the Cuttings and Soundfiles Library. I've not included anything to do with the CyntheSis info as that came to light after I had started my case.

 

The announcement from BF can be found on the start page of every forum... It's highlighted in pink writing.

 

Hope this helps a bit.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

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  • 3 weeks later...

Looked in the court bundle today, oh my god it looks daunting!:confused:

 

Just for clarity anyone, the link the court bundle takes you to is 40 pages long is that the one I have to print and there is a link off that relating to charges for credit cards do I add that???? and also should I include the cynthesis stuff is that relevant to me as I started the case before it came to light????

 

Any ideas on the personnal stuff I need to add also would be much appreciated :oops:

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  • 4 weeks later...

Wondering if someone could help

 

My dad died last week and I just do not have the heart or the head to carry on with this, I have got in touch with the bank and asked them to resend the last offer they made me full amount without interest, they have sent and I am going to sign the offer letter but they also want me to sign a notice of discontinuence, I dobnt think from what I have read on here I should do they, any advice about how I should handle this would be much appreciated.

 

Thanks

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As long as you are happy with the offer then it is fine to sign the Notice. The Notice is a form that is sent to the court which formally ends the litigation.

If I have been helpful please click on my star and add a comment.

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So sorry to hear of your loss. I'm sure no words will make you feel better, but my thoughts are with you, as I'm sure are those of many other CAGgers.

 

It is entirely your choice if you want to settle now, and I understand you have enough to deal with now, but might I suggest that you leave the decision for a little while until your loss is a little less new and raw.

 

Could I also point out that even once you agree to settle, YB are slow sending cheques in settlement so tell them you'll send the discontinuance notice to the court yourself when you have the money, and don't send it to them as they usually ask.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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