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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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More time for charges!!


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hi all im new to this so forgive me for any silly mistakes.

 

i am taking my bank to court after seeing about getting your charges back this is the story so far..

 

1.Sent them letter explaining the situation and what i would like from them.

 

2. I recieve a letter from them saying that they would settle for £2078 or so and the charges i am after are £7700 odd.

 

3. Send it back sayin i dont think so and tell them i will proceed with court action.

 

4. No reply two phone calls and no reply again, so final letter saying please reply to me within 7 days or court action will start.

 

5. Recieve another letter stating thank you for your letter we are looking into it, again thats all they sent.

 

6. Proceeded with court action went to online court and paid £250 to start proceedings against them.

 

7. They acknowledge letter and say they are defending the case signed by a solicitor.

 

So just wondered i started things on the 10th or so of april and court said that the letter in their eyes would be delivered by the 15th of april stating that if they dont hear by the 29th of april then i can make a judgementy against them, now they ackonwledged letter on the 23rd of april, so they get another 14 or 28 days to build a defence, now those 14 or 28 days do they start from the 15th or the 29th of april??

 

And if this does goto court am i likely to get laughed out of court??

 

many thanks

 

rob

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Guest Mumofthreeboys

They have 28 days from the date deemed served.

 

Why are you likely to get laughed out of court?

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right so deemed served? i presume you mean the 15th of april then? or am i wrong, just wondered is all if it does goto court will they just say no chance? mind you i have seen on here its never got that far as it would open flood gates so to speak, but theres always a first.

 

thanx mumofthreeboys

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Guest Mumofthreeboys

If by "delivered by" you mean the date deemed served then yes, it's 28 days from 15th April. It will be on the papers you received from the court.

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well just wondered as they have now brought in solicitors and just wondered what is likely to happen, plus bank have another 28 days to prepare a case so will they or wont they??

 

cheers all

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How can anyone second guess what the bank are going to do?

 

 

 

No bank can at present (IMO) afford to allow a test case to go through as it could be the end for banks as we know it :D. Their only option is to apply for your case to be struck out it would seem and that could only happen if you've been a numpty and have ballsed up your claim either by being vexaciuos and claiming things you are not entitled to or by generally getting your figures wrong.

 

If however, you've done things by the book, don't panic, it won't be long before they fold and offer you the full whack.....or close to it.

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Always start with the User guide!

Stuck with RBS charges? Click here!!

 

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Guest Mumofthreeboys
well just wondered as they have now brought in solicitors and just wondered what is likely to happen, plus bank have another 28 days to prepare a case so will they or wont they??

 

cheers all

 

Of course they have brought in solicitors, you are sueing them afterall.

 

The 28 days is for them to enter a defence. Read this and it may help explain things a bit better http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

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Hi tallguy79, I sincerely wish you all the best with your claim, which will no doubt be successful, especially with the help of the help of the experienced members in the forum.

Just a point in general, when anyone is starting a thread would it not be more beneficial if more detail was given, ie whether a claim is in Egland or Scotland, basic charges £xxxx, and calculated interest £xxxx giving claim total £xxxx.

This would help members follow threads more easily, ensuring the best advice is given. Also help newbies starting out to understand the claim system.

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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  • 2 weeks later...

cheers i see what you mean, i have had a letter form cobbetts asking for details and why i am claiming etc, must admit i thought o great cant be arsed but after reading this im still going to, they aint getting away with scare tactics with me.

so now i have to spend more time detailing all this charges, dates, amounts etc etc, mind you i have copies of my statements so may send them those as there highlighted.

so do people reckon its best to get on with it fill in the forms etc and try to get them to cripple??

 

appreciate the help all

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well recieved another offer today of 5700 odd still 2000 under what im after should i take or go through with court action, as a week before hand they sent me through their defence letters for court now their sending me offers??

 

anyone?.

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Nobody can tell you whether to take it or not, however, my advice would be to carry on with the action unless they offer FULL settlement.

 

This is a standard tactic, trying to make you think it's a 'Deal or No Deal' type situation.

 

Question...was the offer from Cobbetts or Customer Rel.?

 

In my case I was still being offered settlements by CR whilst Cobbetts were defending the whole claim, currently I am awaiting my cheque (for £11k) after giving them a few more days to go through the numbers after client decided it was' mided to settle'.

 

Stick with it, in my opinion.

 

Please click my scales if this has helped at all.

 

Phil

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hi hydra, yes the offer was from customer relations, with a load of leaflets on charges etc they said this is a final offer and if i sign then i agree not to hold them accountable for the charges for some reason. i will ring them tom and tell them thats not good enough and that court papers are all ready so im going to go with it, got nothing to lose really.

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You really need to read the stickies in the Lloyds forum before you make this decision. The ruling you are talking about was made because the defendant wasn't properly prepared on the day. Lloyd's didnt even turn up. There are severla different issues that lead to the decision, which is a pretty shaky decision at best.

 

PLUS, and this is VERY IMPORTANT. It was a Small Claims Court with a Divisional Judge. There is no precedent set and it cannot be relied upon for other decisions. And I understand that this isn't the first time this has happened - just the first time since the bank charges balloon went up.

 

The case is so strong that I read on Martin Lewis' site last night that he is offering to fund the appeal for the guy if he can't afford it himself.

 

Don't throw away that 2k dude. Think on and do some more reading.

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yeah thinking sod it now phoned them up they said they wont budge and i mentioned about court they just said yes ok that is an option open to you, so i just said thanx and goodbye will get all my court paper work sorted for the 25th and see what happens now, cheers hydra

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Tallguy, they have done exactly the same with me.

 

My total claim (incl interest, and court fees of £250) is £7900. Following submission of N1, CR sent me a final offer letter last week stating they will pay £5387, and that I have eight weeks to decide.

 

Still not sure what to do, so have decided to bide my time for now. They have until 30 May to respond to N1 claim, so I too am awaiting Cobbetts standard issue letter any day.

 

It is a tricky one, I agree. When the money is yours, and for such a substantial sum, it is hard to decide between fight or flight.

 

Good luck, whatever you decide. Keep us posted.

[sIGPIC][/sIGPIC]

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It really isn't an episode of deal or no deal. It's YOUR money, thay can't refuse to pay you back, all they can do is delay, confuse, obfuscate and generally try to put you off.

 

And it seems to be working.

 

I should introduce you to my wife, who has been a harbinger of doom since the outset, after I declined the first offer of £2200 against a claim for £8600.

 

DONT PANIC!

 

Phil

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well im thinking of taking offer now i know what your all saying but to be honest cant really be arsed now, would og all the way but considering im getting 70% of it back i dont mind it'll do me nicely. cheers anyway guys

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