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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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African Igbo vrs Barclays/Woolwich


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Oops I may of mislead you all I have sent my AQ and Draft order which had to be in before the 27/07/07 which it has I telephoned the court who state that Bs haven't sent in anything other than the Notice of defense.

 

I was under the impression that they also had to file a AQ before the 27th of July to which I was told by the Courts that Bs haven't and they told be to send a Request for Judgment is this correct as I just assume I wait for the Courts to allocate my claim set the date (possible November 2007 ), issue directions etc etc and wait as Bs told me over the phone that they will not be doing anything until the Test Case.

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How do I apply to have their defence thrown out and receive judgment in my favour

can I send the the "Request for Judgment" slip.

Master Sun SAID:

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Is there a general letter to get Bs (Banks) to have the defence thrown out of court.

Cheers

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Cardiff Civil Justice Centre

12 Park Street

Cardiff

CF10 1ET

Date: 31/07/07

Dear Judge.

Claim Number: 7xxxxx

 

Claimant: xxxx xxxx vs Defendant: Barclays Bank PLC.

 

Please can the Barclays defence be struck out for not submitting their Allocation Questionnaire and returning there Allocation Questionnaire on or before 27th of July 2007.

which has now passed.

 

Your Sincerly

Master Sun SAID:

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But In Defeating the Enemy Without Ever Fighting.8-)

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You are able to apply to the court for default judgement for failure to comply with protocols.

Under section 3.4 of the civil procedure rules - in particular rule 3.4.4 they have not complied with the Protocols as per the time frame given for filing the allocation questionaire. Linkhere

 

The application to the court is to have the defence struck out due to failure to comply with protocols under section 3.4.4 and that summary judgement be granted.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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Hi Please can you proof read and confirm if I can send this application to the courts.

 

 

Claimant xxxx xxxx Vs Barclays Bank PLC.

 

This application to the court is to have the Barclays Bank PLC defence struck out due to failure to comply with protocols under section 3.4.4 and that summary judgement be granted.

Power to strike out a statement of case

3.4

(1)

In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2)

The court may strike out (GL) a statement of case if it appears to the court -

(a)

that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b)

that the statement of case is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings; or

©

that there has been a failure to comply with a rule, practice direction or court order.

(3)

When the court strikes out a statement of case it may make any consequential order it considers appropriate.

(4)

Where -

(a)

the court has struck out a claimant's statement of case;

(b)

the claimant has been ordered to pay costs to the defendant; and

©

before the claimant pays those costs, he starts another claim against the same defendant, arising out of facts which are the same or substantially the same as those relating to the claim in which the statement of case was struck out,

the court may, on the application of the defendant, stay (GL) that other claim until the costs of the first claim have been paid.

(5)

Paragraph (2) does not limit any other power of the court to strike out (GL) a statement of case.

(6)

If the court strikes out a claimant's statement of case and it considers that the claim is totally without merit -

(a)

the court's order must record that fact; and

(b)

the court must at the same time consider whether it is appropriate to make a civil restraint order.

 

 

Cheers

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

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Welshcakes - Here is my draft is this sendable Thx

 

Cardiff Civil Justice Centre

12 Park Street

Cardiff

CF10 1ET

Date: 01/08007

Claim Number: 7CFXXXX

 

Claimant: XXXXXX XXXXXX Vs Barclays Bank PLC.

 

Dear Judge

 

I am applying to the court for default judgment for failure to comply with protocols.

 

This application to the court is to have the Barclays Bank PLC defense struck out due to failure to comply with protocols under section 3.4.4 and that summary judgement be granted.

 

Under section 3.4 of the civil procedure rules - in particular rule 3.4.4 that Barclays Bank PLC have not complied with the Protocols as per the time frame given for filing the Allocation Questionnaire

Power to strike out a statement of case

3.4

(1)

In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2)

The court may strike out (GL) a statement of case if it appears to the court -

(a)

that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b)

that the statement of case is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings; or

©

that there has been a failure to comply with a rule, practice direction or court order.

(3)

When the court strikes out a statement of case it may make any consequential order it considers appropriate.

(4)

Where -

(a)

the court has struck out a claimant's statement of case;

(b)

the claimant has been ordered to pay costs to the defendant; and

©

before the claimant pays those costs, he starts another claim against the same defendant, arising out of facts which are the same or substantially the same as those relating to the claim in which the statement of case was struck out,

the court may, on the application of the defendant, stay (GL) that other claim until the costs of the first claim have been paid.

(5)

Paragraph (2) does not limit any other power of the court to strike out (GL) a statement of case.

(6)

If the court strikes out a claimant's statement of case and it considers that the claim is totally without merit -

(a)

the court's order must record that fact; and

(b)

the court must at the same time consider whether it is appropriate to make a civil restraint order.

 

Yours Sincerely

 

 

 

XXXXXX

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

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Hi A-I,

 

Sorry to butt in but, from my reading of the link, isn't the section you require 3.4 (2c) where B's have failed to comply with Court Directions.

 

Slick

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Thanks for that I will use that one after re reading and digesting it all.

But I have heard that this move would cost me possible £65.00 in court from a CAG member who spoke to the Courts.

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  • 3 weeks later...

Hi List well I got a Court Date for November so peeed off haven't bothered noting the date!. As what I have read and digested is that it will fall under the so called "Stay of Notice" and like most ppl will be confirmed once a " Test Case" is over and possible appealed if we win.

 

Thus while my case is pending and ready to got to court can I have any more charges differed or set to a more comfortable figure until this is concluded.

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

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Hi A-I,

 

So I take it B's submitted their AQ and it was accepted by the Court and it's next due for review in November.

 

Take heart that some cases are still being won because the banks are being lazy and complacent.

 

If your case has not been Stayed by your Court, you can prepare to fight a Stay if it is sought by B's in November.

 

Have a look here - http://www.consumeractiongroup.co.uk/forum/barclays-bank/108691-success-after-oft-anouncement.html - for some inspirational reading.

 

Regards, Slick

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Telephoned the Courts - Yes my case and others on the 14th of November will be "Stayed".

 

Great Country this work hard, taxed hard it rains most of the time and the Law's that be rain on us as well! without any hesitation What's Great about living in Great Britain imao.

 

Thx slickwilly132 for a bit of inspirational reading.

Master Sun SAID:

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But In Defeating the Enemy Without Ever Fighting.8-)

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A-I, Seeing your post on the Cardiff thread, it looked like you had different directions. It's seems v confused there in Wales.

 

I see the inspiration didn't last too long then. LMAO too!

 

Slick

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Hi Slickwilly132 I did get a updated letter that mine is also under "Stay" thus have I got to send anything to the courts i.e my court bundle plus is there information on the next procedures so I can read and digest and prepare for what ever arises next!.

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If Court says you're Stayed, all you can do is apply for Stay to be lifted - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820.

 

Bundle is only needed when Court asks for it from you.

 

Slick

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Ok Thanks slickwilly132 thus will wait like every one else had enough of sending letters and forms that usually go in the favor of the Banks Thx again.

 

Thus suppose will get directions on what is required next after the 14th of November 2007 and will be informed on what to send or do.

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Ultimate Excellence Lies Not in Winning Every Battle

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  • 1 month later...

Hi List I have been away as I had basically 2 Months before my "Stay" November 14th So Please can anyone confirm that I don't need to turn up and wait for the Judges direction that both parties wait until the OFT/FSA Judgment! end of Year or early January 2008.

 

Cheers

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

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Hi African,

 

I'd give the court a ring, just to make sure nothing's expected of you.

 

Slick

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Hi Forum

 

I am going to contact the Courts today I also hear on the grape vine that the Test case is possible the Jan 14th 2008.

 

Not long I am looking forward to adding the s69 interest to date I have already switched Current Account - I didn't close it, I have a overdraft limit of £1500 and I owe them £800 so I intend to pay £75 off each month So I am not getting hammered by £35 * 3 sometimes £35.00 * 4 charges for going over my overdraft lol.

 

So I will not be intimidated and what ever happens I will go for the full amount they over charged me! with interest.

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

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Igbo,

Cant believe you are STILL going...LOL

these things reeeally seem to be dragging out now dont they...

 

Right

Unless your court DIRECTLY informs you NOT to attend the hearing then you MUST.....If you do not they may kick it out..

 

If you hear from the bank advising you that there is no need to attend IGNORE it....DO NOT take directions from the bank.

 

As advised, contact the court, ...make a note of the time, date and who you speak to,,,,if they inform you that you do NOT need to attend... tell them you want it put in writing and sent to you.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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