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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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      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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amartin1908 v Halifax ***SETTLED IN FULL***


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Hi and Welcome

 

You can claim back all penalty charges ,ie when you have gone overdrawn, yes bounced direct debit . you can't reclaim for the likes of a service charge you pay monthly for having a certain type of account.

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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Thank you all very much - watch this space - i should be able to take all forum members on their holidays if i get mine back lol

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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Thank you all very much - watch this space - i should be able to take all forum members on their holidays if i get mine back lol

 

:lol: can I bring the wife too?

 

mechs

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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Thank you all very much - watch this space - i should be able to take all forum members on their holidays if i get mine back lol

 

If you are going to be reclaiming over £5,000 then use the search facility and look for sever as there are implications to claiming over this amount

 

keep us posted and I'l pack my case ready ;-)

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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  • 4 weeks later...

Bit of an update and a question for you all......sent off DPA request - had customary response stating statements will follow, and that they have no obligation to record interaction on your account etc etc.....however I was at my branch today, querying something with the manager, and I noticed that there are notes on my account - if they refuse to give me this info can I press for it????

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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You can do a full SAR asking for any information held about you, including notes and copies of letters etc.

 

If you do this, make sure you let them know you do not wish it to include details of charges on the account (which you will already have from the original SAR) - this is because they can refuse 2 similar requests in a 6 month period.

..

.

 

Opinions given herein are made informally by myself 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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I am still waiting for bank statements - however, they are still banging charges on! When I put my request in for the total amount to be refunded, its not going to include all future charges that they are making! How can I remedy this? Do I have to ask them to freeze all future charges

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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I doubt they will freeze anything, but you can amend you claim totals along the way, after Prelim, after LBA and before court action.

..

.

 

Opinions given herein are made informally by myself 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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Right neither of my two subject access requests have been fulfilled. Both my cap one credit card and halifax bank ones have been ignored. Received acknowledgement letters stating htat statements would be sent seperately.....but neither have done so.....and when I ring them, I am advised that there are no notes on my file regarding any of this!!!!!! They both refuse to let me speak to a manager so i have blown my stack once or twice. Never mind - information commissioner here I come!

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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I suggest you follow the templates on DPA. Using the Court instead of information comissioner.

 

If the 40 days have passed send LBA giving 7 days.

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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Quick update - apparently the Halifax wrote to me on the 19th requesting payment of £5 as they cannot process my copy statements without it!!! I drew their attention to the fact that a cheque was sent with the original DPA letter to cover this cost, and that they cashed it at the end of June!!! The poor lad was highly embarassed! Anyway - copy statements will be with me within 5 days - that will be outside of the 40 day time limit but if i have them by friday, I will let it slide.

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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Hassled the bank again today and guess what......still not been processed and yet again they dont seem to understand what i am talking about! Well 40 days is up!!! Off to kick some ass

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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  • 2 weeks later...

Quick question - just about to send off prelim letter together with list of charges, yet today I have received two notification letters for charges being applied to my account in one weeks time. As I have been notified of these charges in writing can I add them to this list now, or do I have to wait until they physically hit my account?

 

Many Thanks

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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Quick question - just about to send off prelim letter together with list of charges, yet today I have received two notification letters for charges being applied to my account in one weeks time. As I have been notified of these charges in writing can I add them to this list now, or do I have to wait until they physically hit my account?

 

Many Thanks

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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Quick question - just about to send off prelim letter together with statement of charges, however, today i received two letters notifying me of charges that are going to be applied to my account in one weeks time. As I have had official written notification of their intention to debit these charges, can I include them in my statement of charges now, or do I have to wait for them to actually physically apply them to my account?

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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Well it doesn't matter. They won't pay on preliminary letter anyway so you can add it to LBA or court claim. You could say "repay xxxx plus and pending charges" in your preliminary approach but I wouldn't worry too much.

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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UJust checked out spreadsheet and it shows as examples, bounced DD etc...but my bank statement just states charges as notified!! Is it ok to use this descriptive term on my spreadsheet?

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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UJust checked out spreadsheet and it shows as examples, bounced DD etc...but my bank statement just states charges as notified!! Is it ok to use this descriptive term on my spreadsheet?

 

I havent had a response to the above as yet - can any of you kind people out there help me on this?

 

Thanks

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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