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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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CASE LOST - Lloyds Tsb


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Yes its a self help site, it has all you need! People do help people who lose out but there has not been many people who have lost and there has been great support. Where else would you find templates? help on filing N1? AQ guide? all sorts

 

Well said Broke_dave soon to be rich_dave we all hope

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Sorry that your case has gone sour - keep fighting if you can.

 

It's easy to get dispondant and i'm beginning to wonder whether i have the capabilities to see this through (my case against Lloyds of £5k was apparently transferred to Pontypridd court only 2 days ago so still waiting for a copy of th defence).

 

But

 

With regard to The bank providing a service or not - i was printing off my statements yeasterday and the following was a regular occurance:-

 

Paid out Paid in Balance

 

Balance 540.00

e.g. 11 June Mortage 550.00 10.00od

 

so i rush out and bank £50 for example - phew

 

11 June Deposited cash 50.00 40.00

 

then later on that day they do this

 

11 June Returned Direct Debit 550.00 590.00

 

 

Tell me how is that is a service to me!:mad:

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these cases that lloyds win really knocks your confidence if u still have claims going through, i know there are alot of successes still but the courts are starting to follow what happened in birmingam,

 

 

Yes but in both cases the claimant told the judge they hadn't breached contract. So what else was he goingto find.........the whole point about these unlawful charges are that they have been imposed as a penalty for breaching contract!!

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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What i was basically trying to show you was that a £550.00 d/d went out of my A/c causing me to O/d £10 so i rush out that morning and bank £50. When i check my online bank A/c it shows i have £40 in my account, but then later that day the decide to return the d/d any way showing that i now have £590 in my acccount (hope you can follow that) How is that deemed to be a service?:mad:

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I never actually told the judge that I was not in breach of contract. Nor do I remember him asking that question.

What I did say is that I agreed the bank could apply charges, but they needed to reflect the administrative costs.

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I never actually told the judge that I was not in breach of contract. Nor do I remember him asking that question.

What I did say is that I agreed the bank could apply charges, but they needed to reflect the administrative costs.

 

Thats not what the Judge thought you meant then.........

"The claimant himself does not claim that he was in breach of his contract with the defendant. Indeed, it was the evidence of the claimant that from time to time he had exceeded the agreed limitof his overdraft without complaint fromn the bank save for the imposition of the charges."

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Even though Lloyds have settled AT LEAST 6 cases today alone?

 

Yes, even though they settled 6 cases today.

 

People, like myself, will be thinking to themselves.... "What if..."

Neither Mrs Bwdski or myself have been in front of a Judge before.

It's intimidating to say the least.

 

Now to think that all the work we've done preparing our case ready for going to court (if we go to court) could be for nothing is a worry.

 

The Judge in both the lost Lloyds TSB cases ruled in favour of the Banks, even though they didn't turn up in court to defend!!!

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just to add...

 

It might be getting to the point where "doing it ourselves" is harming other people's claim processes because we might be messing up along the line and missing vital pieces of "evidence" that the judge needs... and giving the banks what they want... which is a possible way out of paying up?

 

Do we now need to seek the help of professional solictors?

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All the more reason to make sure that you have prepared your case completely and that if (and it is a very small if) you end up in front of a judge you wknow exactly how to plead your case. There are thousands of claims made against the banks each week at the moment, and with that number it is inevitable that one or two will 'lose', mainly those that are ill prepared. I'm sure that the 2 recent LTSB 'victories' have come as much as a surprise to them as to anyone else.

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Although the claimant filed prior to the hearing the bundle of the documents already referred to neither he nor the defendant (who filed no documents other than the defence) filed a statement of their evidence to the court. I therefore took oral evidence from the claimant and invited him to tell me of those matters which he considered important to the case. In so far as I could properly do so I assisted the claimant by seeking clarification of his evidence where this appeared necessary

 

It seems to me from the above that it's vital that claimants submit a Statement of Evidence. The Lloyds SoE firmly argues that there is a breach of contract and 'cloaking'.

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All the more reason to make sure that you have prepared your case completely and that if (and it is a very small if) you end up in front of a judge you wknow exactly how to plead your case. There are thousands of claims made against the banks each week at the moment, and with that number it is inevitable that one or two will 'lose', mainly those that are ill prepared. I'm sure that the 2 recent LTSB 'victories' have come as much as a surprise to them as to anyone else.

 

How much preparation is enough?

Reading hundreds and hundres of threads on this site and MSE and I still can't get my head around it.

 

I have asked questions on this and other sites and all I seem to get (similar to the banks :D ) is a standard reply of looking at a certain thread! ;)

 

We do need to look at our cases and take them very seriously with a view of going to court in the first place.

 

But, and this is my own personal view, a lot of people are claiming back their bank charges because they know of a friend of a friend or a relative who's done it.... not actually knowing why they're claiming in the first place.

 

Are we as amateurs causing more damage than good?

OK, there have only been 2 lost cases (that we know of)... but are these the tiny cracks that develop into foundation damage?

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It seems to me from the above that it's vital that claimants submit a Statement of Evidence. The Lloyds SoE firmly argues that there is a breach of contract and 'cloaking'.

 

Can you give more detail on "Statement of Evidence" please Mr Browne...

 

Still trying to get my head round all of this. I'm not at the court stage yet, but it's always good to be prepared for things isn't it

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I can understand both points of view on this.

 

I am worried by these developments but I intend to fight as long and as hard as possible to try and get my money back. The bank kept hitting me with charges at a time when I couldn't afford to pay anyone anything. It's taken nearly 6 years to deal with the fallout of that time and if there's a chance I can get a little justice I'm going to take it.

 

At the same time though it's worth remembering that making a claim costs money and if you lose you don't get it back. As these charges affect people who have money problems to begin with I think we each need to look at our situations and go from there. We need to realise that this isn't a case of do this and you'll get your money anymore. Yes the odds are greatly in our favour but that will be scant consolation to those who lose there case and lose even more money they can't afford to the banks.

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I can understand both points of view on this.

 

I am worried by these developments but I intend to fight as long and as hard as possible to try and get my money back. The bank kept hitting me with charges at a time when I couldn't afford to pay anyone anything. It's taken nearly 6 years to deal with the fallout of that time and if there's a chance I can get a little justice I'm going to take it.

 

At the same time though it's worth remembering that making a claim costs money and if you lose you don't get it back. As these charges affect people who have money problems to begin with I think we each need to look at our situations and go from there. We need to realise that this isn't a case of do this and you'll get your money anymore. Yes the odds are greatly in our favour but that will be scant consolation to those who lose there case and lose even more money they can't afford to the banks.

 

Thanks for that reply Jacker, good points raised.

When the banks win these cases, is it on a "full and final" basis?

I.E. you can't claim again?

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