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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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pops v Barclays


pops
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Hi Again

 

Could somebody clear something up for me, in the particulars of claim:

 

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to 14/06/2007 of £362.82 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.50.

 

The "date when the money became owed to you", is this the date of my first charge?

Thanks

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Right guys,

 

Im ready to take my N1 form down to the local couty court.

 

I just wanted to check:

I have my completed N1 form and attached a schedule of charges with the Charge Date, Name, Days since offence, and 8% interest column. Is this correct?

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Yes you seem to have everything in good order!!

 

and Yes [date when the money became owed to you], this is the first charge date!!

If my advice has helped please click my scales

 

Should you require any further help feel free to pm me.

Nat West 2nd Acc

Prelim letter sent 8th Feb '07

:) Full Settlement Offer 24th Feb '07:)

:pMONEY BACK IN ACC ON MARCH THE FIRST '07:p

 

 

Nat West 1st Acc

Filed at court 2nd of Feb '07

Acknowledged on 15th of Feb '07

:rolleyes: Defence submitted 1st March 2007 :rolleyes:

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  • 2 weeks later...

Hi Guys

 

I filed my Claim at my Local county court (Bolton) on 14th June, Barclays Acknowledged my claim 4 days later on the 18th!!

 

Since they had till 2nd July to acknowledge the claim, does this mean that they have another 14 days from the 18th to file their defence or 14 days from 2nd July?

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Are you sure that they acknowledge, or that they were served. Seems very quick.

 

Usual timescale

 

5 days to be deemed served

14 from date of service to acknowledge

28 days from date of service to enter defence

 

madeleine150x120.gif

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Hi Pops just to let you know that B's were very quick with acknowledgement and defence with my claim with MCOL, although I have heard nothing from the courts since they entered a defence on the 12th June. Hope this is of some help to you.

Beamie:)

 

Deemed served on 4th June acknowledged and defended by 12th June

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I got a letter from the court giving details of my claim, and when they had to acknowledge by and the day after i got another letter saying barclays had acknowledged my claim, it said something like the defendant intends to defend all the claim, and also gave the name and address of the people who filed the acknowledgment. I will double check when i get home, but am pretty sure.

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They still have 28 days to defend from when the claim was deemed served no matter how quick they acknowledge. Dont forget though they often defend at the last minute or late (which they seem to get away with!!)

28/2/07

Sent request for repayment of charges totalling £2,800 (I want it ALL back!).

8/3/07

Barclays send sorry your not happy letter

14/3/07

Letter before action sent

25/4/07

Barclays offer £1,790

27/4/07

Thanks but no thanks to the offer sent

28/4/07

Filed with mcol, now looking at a figure of £3,500, they should of paid up when i asked nicely :-D

11/5/07

Barclays acknowledge claim

30/5/07

Barclays defend claim

19/6/07

Received notice of transfer to Northampton County Court and barclays excuse for a defence!!!

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Hi Guys

 

I received an offer from Barclays yesterday which is £1000 less than my claim, if i do not wish to accept, do i stil need to reply as it is already being processed in court and Barclays have acknowledged.

 

Thanks

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If you don't want ot accept, send a rejection letter

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Letter No 5 or 6

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 Guys

 

Just panicking a little here,

 

I received an offer from Barclays £1715 (Original claim £2782), my claim is currently being processed in the courts. And they have acknowledged and have till 12th July to file a defence.

I am going on holiday on the 14th September, my local court have been very quick so far (i used the N1 route).

What in your experience would be the likelihood of barclays settling before i go on holiday, im just debating whether to take up their offer or not.

 

Many Thanks in advance.

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It would all depend on when you would get a court date you say your court have been very quick upto now .... thats mainly because upto now things have to happen by a set time frame ... ie from you filing the claim its served to the defendant within 5 days ... Defendant must either defend within 14 days or acknowledge within 14 days to allow them a further 14 days to submit defence

 

It now depends on how busy your court is .......

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Hi Again

 

Ive just called My local court, they state that id probably be around Oct/Nov time for a court date.

Could anyone advise in your experiences what would be the best course of action at this stage, bearing in mind i need the money for 14 september. I am considering accepting their offer, but in light of the fact that it is already being processed by the courts, would i be able to negotiate at all.

 

Your help and advice is greatly appreciated.

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  • 2 weeks later...

Hi Guys

 

Just a query really.

 

Barclays had till the 14th to file a defence which they havn't, as of yet. I am aware of taking into accout postal delays etc. But from reading various posts how long should i wait before filing for judgement as a minimum. i filed my claim at the court and not through MCOL.

How would the courts handle Barclays filing a defence late?

Could anybody explain what setting the judgement aside is please?

 

Many thanks for your time.

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before you file for judgement speak to the court first, they may have received the defence but not updated your file.....banks are being allowed to enter their defence late for some reason,

make sure the judge is willing to back you up for judgement as it will only delay things if they request it to be removed

.

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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Hi Darren

 

Thanks for your reply, what does "back me up for judgement mean", sorry i'm just a little new to these thing.

 

Thanks

 

sometimes you get a judge that is fully aware of the abuse of the system from banks and do not tolerate their attitude of filing 'when they feel like it' and will kick it out and award you judgement.

Others for some unknown reason seem to back them up allowing them all the time they need.

 

you can bet if they were filing against you.....you wouldnt be allowed the extra time.

.

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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5 threads merged

 

Please keep to the one thread when updating or asking questions.This is for your benefit as you will recieve more informed advice if people can see at a glance what you have done so far :)

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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