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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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Natwest Charges Reclaiming Court Case - they're going for SJ/strike out


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Youre not dim. Dont worry. when I bump it, it goes to the top of the forum again, where a mod can see it and hopefully offer help with this. Or you could try sending a PM to somebody like

livelylad or

Michael Browne

theyre experienced mods who can help.

All the best, if you dont get answers tonight, dont despair, somebody will be on in the next 24 hours who will be able to help you with this. J

ust dont worry.

Fendy xxxxxx I will keep it bumped for you through the next 24 hours.

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A little complicated.Does the Court know they have given you the cheque ? presumably they have issued this on the provisio that you DO accept it as full and final.If you are NOT accepting that to be the case then its their usual stance to withdraw the offer.If you have run the default issues alongside the money side then that should become part and parcel of the settlement you may know John had problems with this one.

I myself have an identical case in litigation myself although not to the extent of recovering monies for other things.Loss of profits you can maybe calculate as near as damn it but claiming compensation for damage to reputation I think would need more work.I think this would be defamation of Character ? or Financial defamation as I have heard it referred to.

I would have thought this may be subject to the Courts discretion in making an award in the same way that a claimant asks the Judge to consider a damage award for breaches in Data protection.

Damage to Character is much harder to prove or certainly put a figure on than is loss of earnings which can be more clearly defined.

I know John is going to take a look at this later.

 

It would be good to see your POCs on this as.

I filed mine on an N1 and it goes into 5 pages.In fact when I handed mine in the Court staff thought I had got it wrong.......they are only used to seeing one page bank claim POCs ha ha.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks Martin Yes the court new I had the cheque but as it wasnt for right amount of charges ie interest and there was a condition attached ie "not to disclose settlement to third party " I said I wasnt going to accept judge accepted this . However am short of dosh perhaps I should have done as part payment but not to sure if that would hinder my claims re defaults etc as if settlement made for charges out of court then bank hasnt admitted they were wrong and hence default may be classed as valid even if they have given me all charges back is my line of thinking right ?????? The cheque was for charges part of claim not the rest which I could continue with but my thoughts were it might have detrimental effect . Excuse my ignorance but which John ? Dont think my poc was too good but happy to dig out and send you details if you wish but was deliberately a bit vague on figures not for charges side but the others ie re default and loss of earnings etc loss of reputation as these are difficult to quantify Regards Gaz

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  • 1 month later...
  • 3 weeks later...

Am claiming beyond 6 years nat west say charges are a "service " and prevented from claiming etc as allocation form received need to knoW if I shouLd do directioNS tO judge suggesting strike out of defence if so what do i put in it . I knOw about limitation rules etc but want some juicy terms ot put in this directioNS if it is adviseable at this stage

Regards gAZ

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If you've received the AQ, yes - you can include the draft order for directions and 'strike out of defence'.

You'll find the links in the A-Z guide that's linked to my signature - just scroll down and click on it. Post back if you need any further points/links to the attachments.

Best of luck :)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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  • 9 months later...

this case has been stayed for some time however NASTY WEST paid the charges ie £4200 but havent paid anything out for the

unlawful defaults as they defaulted me for £3600 due to £4200 charges in 3 months

Also defaulted me on loan as I couldnt pay in £3600 plus loan amount due to the charges

They havent paid out on damage to my reputation and credit worthiness for bounced cheques , harrassment in phone calls letters visits by debt collectors and for asking for return of my cheque card etc as they say i had commited acts for fraud by issuing cheques even though if you take away the £4200 charges in 3 months I would have been in credit and within my overdraft facility of £600 .

Neither have they paid out on claim for misprocessing of £5200 cheque processed as £52

All these topics save the £4200 refunded have been stayed pending oft case .

However received summons for around £18000 being overdraft and loan my questions are I have heard you can claim compensation for unlawful defaults I cant get normal bank account or cheque card or credit card cant move my mortgage due to the defaults and also has effected my ability to change job . All in all a mess I believe i can claim illegal default amounts and plus £1000 on top for damages as they have wrecked my credit due to their unlawful defaults in my view and their umlawful charges .

what should I do as claim is stayed which is around £3500 however defaults are £18000 so I feel counter claiming for that amount plus £1000 should I amend my poc for original claim or counter claim on returning acknowledgment of their claim and also put on I want claim stayed as my claim is stayed and it involves same case . Any guidance help and advice welcome regards Gaz

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Thanks for that Steven am i right in the amounts I am thinking off ie defaults plus £1000 should I mention the other case at all in my claim remembering when I claimed there i only claimed for around £500 for damage to reputation

and £500 for defaults thinking it would be settled quickly etc so do I need to leave that claim that is stayed or amend as well or delete those parts from that claim and continue on this basis with counterclaim . Hope I havent confused you regards Gary

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Usually, people seem to claim "compensation at the discretion of the court" but put in the amount box "I do not expect to receive more than £1000" (If you leave the amount field blank, the court may decide it is an unlimited claim and charge you £1250 in fees :rolleyes:).

 

I would mention the claim that is stayed.

 

 

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Gaz sorry I did not see your PM till now.Looks like been answered anyway.

Yes agreed - in my case I had to write in the box "I do not know the total amount that I will be claiming,but it will be less than £5000.00."

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 months later...

I have case management conference coming up shortly what do I need to do and say at this hearing its a telephone hearing ideally i want small claims but as they are suing for £18000 and im counterclaiming for around same what shall I say and do ? Regards Gaz

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Looking into.-also merged a couple of your other threads concerned with this case.

Edited by MARTIN3030

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...

I have telephone case management conference this week I dont know what to say .. I want it to be small claims but 18k summons against me may not allow this see notes before ... I also have stayed case re some of this claim so how do I go about asking judge for this to be stayed too surely they cant continue with this case if my original one which isnt finished is stayed ? I also counterclaimed re 2 defaults not removed which has effected my credit history any guidence on this too HELP PLEASE Regards Gaz

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Make a list of what you want and the justification for it - as you have in the above post but in more detail. Write it all down so you can refer to it on the phone. MAke sure you have a copy of your defence to hand too.

 

I have never been involved in a telephone case management conference so I don't know what form it will take. Perhaps someone more knowledgable will be along shortly

 

 

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Thanks for that Stephen anyone else any thoughts on the areas ie

Allocation - I want small claims but as 18k how do I argue that ?

OFT Case - as my case against them stayed shoudd I ask for them to be amalgamated ?

Or ask for stay to be lifted on mine or stay put on this one ?

 

What reasons should I give to ask for full disclosure or shouldnt I ?

 

i have only 24 hours guys and girls please help

Regards Gaz

Edited by gaz2954
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Allocation: you can argue that, although the sum is over the normal SCT limit, this is a simple case with no matters of law only matters of fact, so, for everyone's benefit, SCT would be best (It's worth a try ;))

 

You best bet (IMHO) is to get try to get the two claims linked and then both stayed - there is no way the stay on yours is going to be lifted until after the OFT case (I'm presuming this is a current account and not a credit card).

 

What they might then go for (I am involved in an almost identical case with NW on someone else's behalf) is to stay part of their claim (equal to your charges claim) and issue a CCJ for difference - you need to think what you think about that - I guess it depends on how much the charges claim is.

 

 

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IN fact, hot off the press, the case I referred to was in court today and that is exactly what happened - the part of NW's claim that was composed of charges was stayed, the rest to be paid by installments.

 

Full disclosure is a bit tricky as it doesn't apply to SCT. It shouldn't be a problem for you and it is automatic if the case is allocatd to the FT or MT.

 

 

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