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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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received a letter today from alliance one acting as agents for barclays. it says we have not complied with the default notice (probably because we've never had one).we had sent mercers a cca on the 9/07/07 & this letter is dated 13/07/07. we have heard nothing from mercers since, should we send another cca to alliance one :-x

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received a letter today from alliance one acting as agents for barclays. it says we have not complied with the default notice (probably because we've never had one).we had sent mercers a cca on the 9/07/07 & this letter is dated 13/07/07. we have heard nothing from mercers since, should we send another cca to alliance one :-x

 

 

Hello smiffy,

 

 

It's up to you really.

 

You could if you want. It's only £1!

 

 

Regards, Jeff.

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  • 3 weeks later...

have sent the cca to alliance one, at least the phone calls have stopped !!! but i've had no other contact from them,

does the clock start ticking from the day they receive the cca request??

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i've just received this in the post from barclays, which is from the initial letter i sent to mercers

C:\Documents and Settings\Edna\My Documents\My Pictures\2007-08-12-1538-01\DSC00690.JPG

C:\Documents and Settings\Edna\My Documents\My Pictures\2007-08-12-1538-01\DSC00691.JPG

 

can anyone with a bit more experince than me have a look & see if it's ok?

it aslo came with a sheet containing standard "financial & related conditions"

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Hi Smiffy 66 - just subscribing:)

 

I had major problems posting correspondence on my thread - this is what I did:-

 

Take a copy of your letters, black out all personal info, scan to jpeg, then upload to Photobucket Image hosting, free photo sharing & video sharing at Photobucket - highlight IMG code (third box down), copy and then paste on to your thread - worked for me:D

 

Bo

 

PS - Photobucket is free!

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Well this is a copy of your application. Have they stated that this is a copy of the credit agreement?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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the letter from barclays is headed

"ref: section 78 of the consumer credit act 1974

then says please find enclosed information as follows:

  • a signed copy of your application credit card agreement
  • a copy of your barclaycard conditions regulated by the consumer credit act 1974.
  • the current outstanding balance on your account as of today's date is £****.**

the info enclosed completes our obligation to supply information and copy documents under the consumer credit act, i trust that this is suitable for your purpose, however please do not hesitate to contact me should you require any further assistance."

the balance they quote is also £360 less than on the letter i received from alliance one, which is dated 3 weeks prior to the letter from barclays!!!!

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my oh has taken a couple of phone calls from alliance one in the last couple of days. first they said i hadn't replied to any of their attempts to contact me. then yesterday they said i hadn't responded to their letter dated 13/07/07. i have & i know they signed for my cca request on the 25/07/07, should i tell them i've responded or just wait & see what they do?

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my oh has taken a couple of phone calls from alliance one in the last couple of days. first they said i hadn't replied to any of their attempts to contact me. then yesterday they said i hadn't responded to their letter dated 13/07/07. i have & i know they signed for my cca request on the 25/07/07, should i tell them i've responded or just wait & see what they do?

 

 

Hi,

 

 

You have made a legal request! They have received it and signed for it!

 

Sit back and let them hang themselves!

 

 

Best wishes, Jeff.

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  • 2 weeks later...

they are still phoning & have left messages on the answer phone saying there is a problem with my account without actually saying where they are from!!!

are they allowed to do this?

is there a template i can send them to stop phoning, so i have everything in writing?

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  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 2 weeks later...

Ask for a copy of their complaints procedure.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 1 month later...

received another copy of the application form (see #32) today with a letter from barmycard saying please find enclosed a copy of the original application form as requested.

anyone any advice on what i should do now??

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Have you sent them an official complaint re phoning you?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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First thing is not to panic. The longer they don't supply you with the correct

document [ie the executed agreement] the better it is for you. Since it

increases the likelihood that they cannot supply it and thus renders the debt unenforceable, and it also the increases the seriousness of their breach of the Act. Just sit back and relax-they know the application form won't do-they are just hoping that you don't know.

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