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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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Ripoffbankz vs Lloyds


RIPOFFBANKZ
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Hi I have send off my 1st letter 21 days ago, got no response, sent 2nd LBA 7 days ago, it is now 25th march, Lloyds have 7 days to respond before get my N1 form filled in and sent off, this is where iam finding it hard to grasp, i have a claim for £1800 and do not know how to fill in the form or who to send it too, i need help!!! also what else do i need to prepare for County court?

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I wouldn't prepare the court bundle yet - that is a bit down the line and might not even be needed as many Lloyds cases are now being settled at AQ stage.

 

To fill the court claim in, look here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Hi

You won't receive an Allocation Questionnaire (AQ) until after Lloyds have entered a defence, so at least a couple of weeks yet. Let us know when you have got it and we'll give you the links to help you fill it in.

Good luck, let us know how you get on.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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If you are worried about filling in the N1, have you considered using moneyclaim online to file your claim? Just a thought.

11/08/06 Data info requested

03/10/06 Statement copies received

11/10/06 Letter sent asking for charges to be refunded

19/10/06 Standard no received

21/10/06 Amended letter sent asking for charges to be refunded

27/10/06 Standard no received

04/11/06 LBA sent

18/11/06 MCOL filed

20/11/06 Claim issued

30/11/06 Claim acknowledged

11/12/06 Defence entered

14/11/06 AQ + defence received

17/12/2006 AQ returned

19/12/2006 Copy of their AQ received

04/01/07 Claim stayed - inadequate POC

08/01/07 POC sent

16/01/07 Claim stayed awaiting another test case

23/03/07 allocation hearing set for 17th April

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I have recieved my N1 Form and filled it out, the other concern i have is that the first two letter, the Prelim and the LBA was sent to my local branch, my N1 form i understand i need to put the registared address of the bank on the form, should i have sent my first 2 letter to my local bank or the main registerd address?

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Hi

There is nothing to worry about, your branch should have passed them on to the relevant department for you.

Yes use the registered address on your claim form:

Lloyds TSB Bank plc

25 Gresham Street,

London,

EC2V 7HN.

 

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Thanks for everyones help, will keep you posted with an update after i send the N1 form off Saturday, Also do i need to put all 3 copies in the envelope and post it to the County court with the fee?

Hi

Yes that's right.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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I sent my n1 form off and didnt send a schedule of charges, i did put a break down of total charges, overdraft intrest and intrest under the county courts act, with the total sum, is this ok? today i recieved a NOTICE OF ISSUE, what do i do with this? is this just a copy? please can you let me know if i have done it right as above?

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I sent my n1 form off and didnt send a schedule of charges, i did put a break down of total charges, overdraft intrest and intrest under the county courts act, with the total sum, is this ok? today i recieved a NOTICE OF ISSUE, what do i do with this? is this just a copy? please can you let me know if i have done it right as above?

 

 

Hi as long as all the information is correct what you have sent should be fine. You can always send the schedule of charges to the court, just add your details and the claim number and ask the court to attach it to your calim. The notice of issue is just for your information.

 

 

Use this should you wish to send the Schedule.

 

 

 

The Court Manager,

[Add Address]

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

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  • 4 weeks later...
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  • 2 weeks later...
  • 3 weeks later...

in my directions for the court where do i get the following?

  • c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

  • d) Copies of decided cases and other legal materials to be relied upon.

also when do i have to provide this? at court? or send to defendant ?

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You do not need to send these yet, you need to wait until the judge directs such, if indeed at all. Read here a bit more:

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

You can send me a PM with your email address I have all the documents scanned into one PDF.

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

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  • 2 weeks later...

recieved a letter from the court stating that they are not setting a court date, they have given 7 days for Lloyds ? to send a AQ into the courts if they do not send it in by the 7 day dead line the courts will throw the defence out of court and award me my claim, what next? 7 days have past and it is in its 11th day now.

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I would phone the court to check if the AQ has been filed, SCM do not usually send a copy of the AQ to the claimant, then post up here.

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

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ok i recieved a judgement from the courts requesting AQ form within 7 days from the defendant which they supplied to the courts, now i have a court date for the 17th july preliminary hearing, what do i need to take to court? iam getting worried now!!! help!!!

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