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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.
    • New version after LFI's superb analysis of the contract. Sorry, but you need to redo the numbering of the paras and of the exhibits in the right order after all the damage I've caused! Defendant's WS - version 4.pdf
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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shar37-v-cap 1 **WON**


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Made a mistake on totaling my charges thought it was £1,036 but it is £954.00 for 6 yrs. I have just completed the spreadsheet with CCI and now my total claim has gone up to £4,578.74p. OMG that cant be right can it?? £3,624 interest? based at 34% APR. Have I done it wrong lol??

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It depends how long ago you incurred charges, also if you look at my thread indigoblue vs cap 1 theres a link to what to put on N1 when claiming CCI. Hope this helps

GE MONEY- Settled 5/06/07

Capital One - Won 15/06/07

**Treat everyone as you would expect to be treated yourself**

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THanx bnradford lad. Thats great:D . Im going to send another LBA stating that I am writing to inform you a change to my request for repayment of penalty charges levied on my account.

 

After further research I have reached the conclusion that the amount you have taken from me should be repaid with contractual interest.

If you do not respond to my letter before xxxx I will assume that you will continue to ignore my requests for payment as you have in the past. In these circumstances I feel I will have no other option but to file a claim in county court on xxxxxx for the full amount> Cross fingers for me.

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Hi Shar, I've just settled with CAP1, had to file at court tho! they paid charges, court fee 8% and all intrest they had charged me on account was about 180 less than what i asked for, but i was quite happy with that. Good luck u will get there in the end x

GE MONEY- Settled 5/06/07

Capital One - Won 15/06/07

**Treat everyone as you would expect to be treated yourself**

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Hi Shar, If you enter the amount of the partial payment as a negative number e.g. -£136 on your spreadsheet on the date you recieved it the spreadsheet should work it out and remove the necessary interest from there. No need to put anything in your POC about it. Just make sure the amounts are correct.

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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I wouldn't worry, Cap1 don't seem to do too much defending. They will probably acknowledge in a couple of weeks then send a letter offering settlement soon after. You're nearly there now ;)

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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i just took 3 copies of n1 and 3 copies of spreadsheet and handed them to court cashier

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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It's ok Shar. . the court will send it. Not long now..

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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has anyone read the threads about hull today-should we be worried??

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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I don't think the court case start until 3pm so hopefully some news soon. Fingers crossed for them all. I wouldn't worry too much as I think most claims were settled before the court case today anyway.

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They should looking at their history over the last year. Just the wait now.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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  • 2 weeks later...

In principle you can ask for judgement. However, it would be wise to wait a few days - the banks and card companies often respond late (and the courts LET THEM!!!)

 

 

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Hi all. Received this letter today.....

The defendant filed an Acknowledgement of service on 16 july. The defendant responded to the claim indicating an intention to defend all of the claim. The defendant has 28 days from the date of the service of the claim form with the particulars of claim, or of the particulars of claim, to file a defence. Is this the normal letters people are getting back???? If so what happens now??

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hi shar-they have til the 28th day after the notice was served to come up with a defence-mine was served on july 1st-on july 6th they've acknowledged to defend.

 

so i think i'm right in saying they have til 29th july to submit a defence or is it 14days from 6th july?

 

anyway just sit and wait now-ur getting closer to your payout!!!!!!!!!!!

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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