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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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I won my court case but I now need HELP! Please.


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So basically my old landlords had promised to meet me at my old address at the end of January to give me my full deposit back, they didn't. I ended up making a court claim and I won through default, they didn't respond at all!

 

Now the baliffs are 'having trouble' getting the money back. Can I send them to the address I lived at that they owned. All the belongings in the main living room belong to the landlords...It's incredibly frustrating as I've done everything correctly.

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Dont get baliffs get an attachment of earnings...

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Dont get baliffs get an attachment of earnings...

 

My ex landlord runs his own building business, and they can't apply that on the self employed.

 

I complained the the court manager via fax last night, and I got a call first thing this morning, making my case a priority so hopefully this saga won't drag on much long.

 

I still have house keys and room keys...

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You can point them at your old address but if they can't gain entry there isn't much they can do. If only bailiffs were allowed to forcably enter a property....

 

 

I still have keys, maybe they could use those?

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NOOOOO.....a baliff must be granted access. You have four options:

 

- Warrant of Execution(baliff)

- Attachment of Earnings(apparently you cant)

- Garnishee Order(direct deduction from his bank account)

- Charging Order(placed on the property)

 

Your best option may be the garnishee order.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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So basically my old landlords had promised to meet me at my old address at the end of January to give me my full deposit back, they didn't. I ended up making a court claim and I won through default, they didn't respond at all!

 

Now the bailiffs are 'having trouble' getting the money back. Can I send them to the address I lived at that they owned. All the belongings in the main living room belong to the landlords...It's incredibly frustrating as I've done everything correctly.

 

How much has the Court awarded you? it makes a difference.

Court Bailiffs are not normally very effective. There are far better ways of getting your money, you just need to know how and what to do.

If you get stuck drop me an email and I will try and help.

Basil010

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How much has the Court awarded you? it makes a difference.

Court Bailiffs are not normally very effective. There are far better ways of getting your money, you just need to know how and what to do.

If you get stuck drop me an email and I will try and help.

Basil010

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GENERAL WARNING

 

Please be wary of acting on advice given by PM or email as if anyone makes a mistake no one can see it to correct them .If it is on open forum it can soon be corrected

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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OK thank you.

 

They now owe me 425. That includes original 50pounds court fees then the further 55pounds to apply for warrant of execution.

 

The baliff rang yesterday & said the house they went to was empty..and she was writing the warrant off. I checked that was the landlords address on the electoral roll. I tried to do everything correctly and fairly but I feel high & dry. As a matter of principle I want this money back, the bonus will be paying off my barclaycard and showing the landlords they cannot get away with it.

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If you have a final return from the County Court Bailiff don't be too disheartened it doesn't neccessarily mean that they aren't there, more likely that the Bailiff just hasn't been able to contact them.

Do a Land Registry Search for the house and if it is owned by them file an Application for a Charging Order at the Court (cost £55.00) once it has been filed with the Court you will receive An Interim Charging Order which you can file with the Land Registry against the property. You will then be given a Hearing for the Charging Order to be made Final and once this is granted you can have on the property. If the Property is solely owned by the debtor you can havr a full Charge registered, but if it is jointly owned and the Judgment is not in both names you will be given a Restriction.

This will not neccessarily get you payment but will stop them getting any loans or being able to sell the house. In the meantime issue further Enforcement Proceedings like a 3 rd Party Debt Order against the Bank. This will in effect freeze the bank account except for any monies over and above what is owed to you. The problem is that if the account is in joint names then you will not be able to use this unless the Judgment is also in joint names, also if there is insufficent money to cover your debt it won't work. You can also put a trace on them to confirm their location and once you have found them place the debtor on an "Order to Attend for Questioning". This is a nice little tool, as once they have been served with the documents, if they fail to attend they can be sent to prison for contempt of court, (certainly wakes people up) cost £45.00. All these Enforcement Costs will be added to the Judgment debt by the Court

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I think I'm going to go for 3rd Party Debt first, the landlords told me when I first moved in that this was a joint account in both of their names purely for rent and house bills so that should be ok, right? I just hope they have the money in there, I want to scream into a pillow at the moment!!

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Great, you can download the form from the Court Services website. Just remember that the Judgment needs to be in both names for it to work on a joint account. Also if you believe that they have other banmk accounts then I would suggest going for the Order to Attend as well.

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I'm really scared of just ploughing more and more money into this and it to go to waste but I'll give it a go. I'd feel awful about it, like they had the last laugh.

 

With the Order to Attend it's difficult, I know they're frequently at the property I used to live in but I can't guarantee they'll be there.

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If you issued the claim in your own name the Court should try to serve them but they are not very efficient, especially as they knock off at 4.00 p.m. If they fail to serve them ask for the papers yourself and then wait at the address in the evening. Once you have given the papers to them file an EX550 Affidavit which the Court will supply to you to say that you have served them. if they don't turn up the Judge will issue an N39 which you will need to serve again and this time they will have a Warrant issued for their arrest of they fail to obey. It certainly frightens them when tis happens, but the 3rd Party Debt Order is a good one to start with.

Fingers crossed

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Yes thank you for all your help.

 

They've never been threatening but I'm not confident about fancy two grown men alone so if I do that I will take some muscle with me!

 

Thanks again!

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I think I'm going to go for 3rd Party Debt first, the landlords told me when I first moved in that this was a joint account in both of their names purely for rent and house bills so that should be ok, right?

 

If and only if the judgment is made in both names on the account.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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If and only if the judgment is made in both names on the account.

 

Yes, it's in both their names so fingers crossed.

 

Thank you for all your help! I will update when I have some news...good I hope. Good should trumiph over evil!

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