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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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Re: Cca Request To Connaught Collections


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Latest Is I Have Sent A Letter To Their Founder And Director Mike Cleary , Who Apparantly Read The Last One That Was Sent To Him By Someone Else On Here And Actually Sorted It Out , Sent A Proper Letter Not Template Back , So I Have Sent Him Copies Of Everything I Have Sent And Received So Far And Also The Information That They Are Acting Unlawfully By Persuing Me After The 12 + 30 Days Are Up Until They Produce The Agreement , They Acknowledged That They Had Received And Read The Cca Request By Sending Me Back A Letter Dated 13 Th April 2007 So 12 Working Days Put It To 30th April 2007 ,1 Calender Month From Then 30th May , So Time Up Yesterday When I Sent The Correspondence To Him , Will Keep You Updated As To Response , Fingers Crossed That He Can At Least Be Nice And Reasonable Unlike The Intimidating And Bullying Staff At Connaught And 1st Credit !!!!

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  • 2 weeks later...

Hi all , in an update sent a CCA non-compliance letter to 1st credit and this is the response I received , Dear Miss lisam , re: Complaint

 

Thank You for your letter of the 7th June 2007.

Our records show that you requested a copy of the agreement via Connaught Collections Ltd and a request was made to our client . We still await the same but have contacted our client again in this regard.

A letter of assignment of the debt was sent to you by post when we initially purchased the debt but should you require another copy please let me know . For your information as per the Law Of Property Act 1925 we are not obliged to send a copy of The Deed of Assignment itself.

We would decline your offer to refund you the payments made so far as payment is still due albeit at this stage unenforceable in a court of law. We are also not prepared to remove any entries on your credit file or offer compensation for the processing of the data . This information was provided by our client .In the event you remain dissatisfied with our response , you may refer the matter to the Financial Ombudsman Service within six months of the datof this letter . a copy of their leaflet is enclosed .

 

So what do i do now , i want to get this default removed so can anyone help with the next stage , their 12 +2 +30 days for CCA agreement to be sent was up on the 1st June 2007 , please help ?

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Complain to the F.O.S. and information commissioner.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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and the OFT ......

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Yes victory I think , got a letter this morning as follows ,

Dear Miss Lisam696969 ,

Re : Complaint

1st Credit ref:******

Account The Associates a/c no *******

 

Thank you for your faxed letter of the 13th June 2007 .

We have contacted our client again for a copy of the agreement but as they are unable to provide us with an immediate copy , we have marked our files accordingly and have requested that the credit reference agencys remove our entry .

We are aware that we are unable at this stage to enforce the debt in a court of law . However we still invite you to make an offer of repayment.

 

yours sincerely ,

 

complaints officer.

 

do i leave it there or ask for written confirmation that the matter is closed so they can't come after me at some later time any help be appreciated .

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Woo hoo, that's good news! I presume this came from Connaught. I would ignore them now. Write to 1st Credit though and point out that they have advised Connaught the alleged agreement is unenforceable and so they also need to remove all reference to it with the CRA and confirm they will take no further collection action.

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Yes and don't forget they can't enforce it rhough common law either - so don't let them try that one on you

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Their usual tack when acknowledging no enforceable agreement is then to say that however they have had legal advice that they are still able to pursue you for the debt under Chitty's rule of common law. Unfortunately for them they need to sue their solicitors because there is a House of Lords ruling Wilson v Minister for Trade and Industry (para 30) that says they cna't and that is binding on all lower courts.

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Just be aware that they may return the debt to Citicard if the sale agreement allows them to.

 

1st Credit only acknowledge that they cannot enforce the debt at this point. You could try writing to them to say you want an assurance that they will not reopen but if they don't or won't give it then I cannot see how you can force them to do so.

 

Does anyone else out there know any better?

 

After 6 years it will become statute barred anyway and in the meantime it is off your personal data with all CRAs. Make sure you check that though. Don't just accept it at face value.

 

If you want to make sure everything is tidy you could write and say you will not be making any future payments but you don't have to do that if you don't want to.

 

Anyway, well done again. Stick around and give some help to others if you can. If you feel able to make a token donation that would be very welcome as we don't get many.

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thats great thanks very much , will be sticking around as i am in the process of fighting it out with littlewoods to remove a default that they admit i don't or haven't ever owed any money on good eh !!!

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got a letter yesterday telling me they had enclosed a copy of my application form as requested , so i had a look and it is a copy of my application form clearly states at the top application form for associates visa , has my signature on it but box for bank signature is blank no signature and according to a legal eagle freind a few other things that make it not a cca or not enforceable but i know a few people on here have had application forms and that they are legit so any advice appreciated , have sent them a letter telling them that this is not what i asked for under cca request and that it is not a properly executed copy of my agreement any further help be appreciated , thanks the fight go's on , lisa

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help 1st credit have sent me an agreement or so they say it is a credit application form and has no signature from them in the sigend on behalf of bank so i have sent a letter back saying not what i asked for try again kind of thing can anyone halp please !!!!

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hi lisa i cannot help you on that one but my case is very similar to your own , there idea of a CCA was my application for my abbey account which came from 1st Cheddar (credit) and this morning i have received a connought letter about an SD, i called them and told them to stuff it (ok so not in those words) telling therm that my debt is statute barred and that as !st credit could not/would not produce a CCA that it was unenforcable, connought are going back to 1st credit for information

i will watch your thread with greaat interest as it seems a visa versa of my own

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Well I Faxed Them Letter This Morning Telling Them That Even If The Application Form Is A Creidt Agreement As They Say It Is , There Are Still Several Parts Of The Form That Do Not Stand Up To Scrutiny , I Have However Offered Them 33% Of The Alleged Debt As A Gesture Of Goodwill If They Agree To Remove Their Entry On Credit Files Immediately , So I'll See What Occurs The Letter Was Sent Without Prejudice Plasterd All Over It And I Admit No Liability And This Letter Cannot Be Copied Or Used In Any Action Etc Etc , And Also That I Will Vigorously Defend Any Action They Take , Which I Will , But Got Settlement From Lloydstsb For Bank Charges This Morning And If I Can Get This Default Of My Record Sooner Rather Than Later Then It'll Mean A Clean Slate ! Even Though It'll Mean Lloyds Paying Tham Of And The Fact That Over 50% Of Thedebt Is Charges Which I Am Trying To Reclai Mat The Minute From Citi , Does This Have Any Impact By The Way ?

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Doesn't offering them 33% acknowlege the debt? If all they supplied was an application form, why did you not just stick to your guns?

 

Sorry to ask but I am still new here and learning.

 

Good Luck, Kind Regards BigAndy

The Grand essentials of happiness are: something to do, something to love, and something to hope for.

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Doesn't offering them 33% acknowlege the debt? If all they supplied was an application form, why did you not just stick to your guns?

 

Sorry to ask but I am still new here and learning.

 

Good Luck, Kind Regards BigAndy

 

 

Without prejudice on the top of the letter means it can't be produced in court so therefore it doesn't count as acknowledgement. However it really doesn't matter because if the debt is unenforceable then the CCC can't pursue the debt through ordinary contract law because of the House of Lords ruling in Wilson v Minister for Trade & Industry. No enforceable CCA = no debt.

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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hi they have written back saying that it is and can i tell them why it is not a valid agreement , so i wrote back nad told them it was up to them to prove it was a valid agreement not me to tell them why it wasn't , also sent an S.A.R , does this sound okay any help really would be appreciated any better letters etc to write , oh and they refused offer of 33% !!!

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