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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.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Mellymum vs HSBC - ****WON!****


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Hiya, its says the following:1. This case is to be listed for hearing on Monday 25 June 2007 at 10.00 am.2. It will be listed with all other oustanding claims for refund of bank charges etc.3. The parties shall file and serve witness statement with copies of all relevant documents annexed by 4.00 pm on 11th June 2007.4. The judge will use his case management powers to decide in each case whether to make any agreed order, give directions for the further conduct of the case, or to proceed there and then with the hearing.5. It is likely that any case seriously contested will be given directions and a later hearing date.6. It is probable that the Judge will deal with cases in batches where there is more than one case against one particular Defendent.7. If a party fails to attend the Judge may strike out the claim or defence as he seems fit and enter judgement accordingly.

Poole CC I presume?

 

The order is saying that it could be the final hearing, or alternatively if its seriously contested it will take the form of a directions hearing. You need to prepare for both and comply with the terms of the order - although its highly unlikely to get as far as court.

 

You need to file a witness statement by the date specified, along with the bundle from the templates library. You'll find a witness statement here -

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html#post732096

 

It says its Lloyds specific, but it's also relevant to HSBC claims as they defend upon the same "service, not penalty" basis. Obviously amend to suit and remove any reference to Lloyds.

 

Also have a read of this -

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

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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Hiya, its says the following:1. This case is to be listed for hearing on Monday 25 June 2007 at 10.00 am.2. It will be listed with all other oustanding claims for refund of bank charges etc.3. The parties shall file and serve witness statement with copies of all relevant documents annexed by 4.00 pm on 11th June 2007.4. The judge will use his case management powers to decide in each case whether to make any agreed order, give directions for the further conduct of the case, or to proceed there and then with the hearing.5. It is likely that any case seriously contested will be given directions and a later hearing date.6. It is probable that the Judge will deal with cases in batches where there is more than one case against one particular Defendent.7. If a party fails to attend the Judge may strike out the claim or defence as he seems fit and enter judgement accordingly.

 

DG will go nowhere near that court room I guarantee it.

pete

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Thank you all for your help, I really wouldnt know what to do without the advice here!Going to start collating all the information together so Im prepared. Sometimes part of me thinks, its getting harder now - will they start winning, will I have to pay all their sol fees etc...

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Hiya melly, even if you were the first one to loose costs don’t get awarded in the small claims court, everyone is responsible for their own costs so all you would loose is what HSBC have already taken from your account and your claiming back.

pete

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Yes, I agree with Lattie - don't start yet, you've got ages till the documents have to be submitted, by which time its almost certain that they will have made an offer. The HSBC regulars will be able to tell you for sure, but I'm not personally aware of any HSBC claim which has got to the stage of complying with directions.

 

Of course if it does get to around the mid-May and no settlement then you'll need to think about starting it then.

 

Was it Poole by the way, just out of interest?

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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"Was it Poole by the way, just out of interest?"

 

garyh, are you asking if it was poole because of the 'new' branch they've opened there for the 'rich and solvent - not paupers?' lol

bet they don't get many claimants in poole eh?

If i've been helpful in any way....then tip my scales over there!

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No, I didn't know about that actually - whats that all about then?

 

I've seen this order quite a few times, usually coming from Poole, which is why I asked.

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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Hiya, preparing my court bundle as per your link, just wondered, would I be using Statement of Evidence 1 for HSBC, I think I have it right, but I dont want to get that wrong at this stage!

 

Also, which part of the Lincoln 'Abuse' Thread do I copy, is it just the first post off the link? Is this twoa above part of what I have to submit for the 11th? Let me get it right, altogether, I need to have for 11th (Court Date 25th June):

 

The Full OFT Report -

The Macnamara Interview -

Corrsepondance and Documents relating -

Witness Statement -

Draft Orders and Reasons for why and example (or do I not need this as the Court has alreadu issued orders??) -

Statement of Evidence -

Lincoln 'Abuse' Order -

List of Settled Cases -

 

Hopefully shouldnt have to bother you with my silly questions after this is sorted! Sorry :-|

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I was just going to save it all on my computer for now and print it off much nearer the time, the artcile is inspiring though! I just know my luck it will take until the court date until I get an offer. Thanks. - Jodie

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  • 3 weeks later...

My claims go back as far as 2002, the account was opened back in 2001 (I think!) I havent kept any of my original documents. Am I in my right to ask my branch for copies of the original contract I signed?? Is it in any Freedom Of Information Act or Data Protection Act?

 

Just starting to think this would be a really good thing to have in my court bundle, and probably help a lot of other people too.

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Hiya, referring to post #35, wasnt really answered but is this a list of what I need? Im only preparing it on screen, will print nearer the time.Told you all I'd be posting silly questions again! Im panicing now cos I cant find my original T&C, I know they gave me a silly black folder when I signed with them, god knows where it is, Ive moved 4 times since then!!!

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Thats an excellent point. Its also the only way forward people, this site is excellent but I think yesterday was a reminder that we all need to think and act for ourselves, and that includes me because I was sorely tempted to rely 100% on the letters and arguments provided for us until now. (That might seem a bit philosophical for this time of night but I have been drinking.)

I'm pretty certain I have T+Cs from 1999/2000 (I wonder how often they were updated - my credit card ones seem to change daily!) but of course it is the fees bit thats of importance here. And I think HSBC changed their overdraft policy very recently in a move that seems now to be an attempt to make it, and any fees surrounding it, all part of the 'SERVICE'.

People out there will have older T+Cs so I think we should all help each other out, PDF them and make them as acessible as the templates.

Goodnight, and good luck with your claims!

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crusher and others are trying to put together a refence library i guess you'd call it - for peeps to use - so everyone is looking for them - they will probably have every possible one by the time you need it.

 

 

here's my list of the court stuff - and the links may tell you what you want to know...

a) your schedule of charges.

b) your statements showing the charges. Alternatively, the list of charges which the bank provided under your S.A.R (subject Access Request) (only send the statements with charges on them.)

c) A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionaires

d) All the statutes and decided cases on which your claim relies. ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the Basic Court Bundle.

This whole thing runs to around 200 pages and should be done in triplicate: one copy for you, one for the court and one for dg – that’s 600 pages of copying – LEAVE IT UNTIL YOU KNOW FOR SURE YOU NEED IT. If an offer comes in from DG and is accepted you wouldn’t need it.

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Hiya, Ive been through these links from further up the page, its where I got my list from in the first place.Hopefully I should have everything there, I need to start going through it all on screen ammending it for my own case.... pre-warned work I may (hopefully not) need to take the 25th June off work!

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