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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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direct auto charges


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Hi, having a bit of a problem with Direct Auto. I am completely up to date with my monthly payments, however, a couple may have been a few days late. They are now sending me letters at £15.00 a time to tell me my account is in arrears. Surely these fees for letters carry the same principle as bank charges and are penalty charges, not enforcable in consumer contracts. Just wondering if anyone has challenged these £15.00 fees and what the outcome may have been. Not sure whether to pay now to stop the threats then pursue these unfair charges, or write now to say I won't pay their unlawful charges.

 

Grateful for any advice.

Paul

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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Hi,

 

I'm in the same position, was late with one payment couple of months ago and they are sending me about 2 letters every week charging me £15 a time. I've told them to bolt, these charges are unlawful and I won't be paying them!!

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Hi,thanks for the quick responses. I now have another letter dated 21/6 (and another £15.00 fee of course). This letter says "Do not ignore this final attempt to allow us to prevent further action being taken". Out of interst Cazpoppies, what was their response to your refusal to pay?

 

Paul

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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HI Paul,

 

Can't say that I've had any response really, I called them and told them and they said they would put a note on my account but I've now had 6 from them and 3 letters I've sent them saying that I'm not paying them.

My account is now up to date as far as paying for the car is concerned and I'm going to ignore there charges. I no longer accept their telephone calls. (average of 6 to house and 6 to mobile every day)

 

I'm not sure that burying my head in the sand is the right way to go about this but the way I see it is that they are charging me for being in arrears but it is their charges that have put me in this position.

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Have just sent them a letter stating their charges are unlawful and requesting for all charges to be removed. Now I will await their response.

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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Two letters received today from Direct Auto. The first one I opened as follows;

 

Thank you for your letter received today.

In accordance with our terms and conditions (section 5 Indemnity) fees are charged for each letter sent relating to an overdue payment. However as a gesture of goodwill in this instance we have removed one of the charges.

 

Well, in my opinion, the fact that their charges are in accordance with their terms and conditions doesn't make them lawful. Oh, and the second letter I received today? Another arrears letter and another charge! So much for their goodwill!

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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  • 2 weeks later...

Having received a reply from Direct auto stating that their fees are in accordance with their terms and conditions, I have written back quoting their terms and conditions to them.

 

Section 5 indemnity 5.2 costs REASONABLY incurred by us in preparing and sending reminders, termination and demand letters, default notices, statements of account, copy documents, settlement quotations or otherwise...

 

I await their reply, and more reminder letters to add to the amount that they already claim that I owe.

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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Be interesting to hear their response to that.

Must admit I haven't heard anything more from them since I told them to get lost and to stop calling me but I'm sure that they will still pursue me for the charges they have applied.

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  • 2 months later...

Well after a couple of months of continued £15.00 charges, maybe it's time to start the same process as we are using for our bank charges. I haven't paid any of these charges, so could send a preliminary request for removal of charges, rather than repayment.

Has anyone else challenged these charges yet, and what has been the response. The only response I have received to my communications is 'in accordance with our terms and conditions'.

They are also phoning several times every day.(I don't answer!) Can I ask them not to contact me by phone, am I right in thinking they're are breaking a law if they then continue to do so?

 

cheers, Paul

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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Thanks bakedalasker, I now have two letters ready to go, a request for removal of charges (adapted from 'refund' letter, as I've not actually paid any of their £15.00 charges, despite their threats!) and also a demand for telephone calls to stop.

 

cheers, Paul

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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Have received a response to my letter regarding phonecalls, however it just says that Mr. Plowman is out of the office until mid-October and my letter has been passed on to the Chief Operations officer, Mr Gilhooley who will respond to me direct.

 

Paul

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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Hi all, the following letter arrived today, a little worrying at first but on checking back, I found that I received exactly the same letter on 4th July.

 

Dear saddler10,

current arrears £310.00

 

Despite recent reminders, payment on your account remains overdue. We now require immediate payment of the arrears.

 

If you are unable to make this payment, you should contact us as a matter of urgency on the number above.

 

May we remind you that continued failure to make payment on your account will lead to us taking further action, and may result in your vehicle being repossessed.

 

Please do not ignore this reminder, it is not in your interests to do so.

 

Well the £310.00 is all charges so I won't be paying. When they sent the same letter in July they took no further action, will they now?

 

Paul

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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Saddler10,

 

My fear here is that they will start the process to take action. DAF are trying their best to bring to a close the YCC saga. Its been Providents, the owners of DAF, biggest mistake and they want rid. We are hearing of the smallest reason to repossess clients cars and from that we are assuming they want it all bringing to a quick end.

 

I'm afraid they will try and repossess your car, chase you for the remaining amount of your agreement then after a very short time when they have got nowhere with you will sell the debt on to a low life DCA. I say low life because anyone gaining from the YCC saga is just that. Thats my opinion.

 

Also the fact that you feel you have a claim regarding these charges DAF will not look at it that way and will put the emphasise on you to prove it. Expect a default notice through the letter box then the process has started.

 

My advice to you is to seek legal advice on this. It is not clear how long you have had the car with DAF or what you took out with them. So its difficult to give you a rough idea how much they would chase you for. If you are an average case it could quite easily be in the thousands.

 

Not too sure if you have studied our site www.saynotoyes.co.uk but we have loads of cases just like yours. We also know we have the right channels to advise our users to go down. A majority of our users who have taken our advise have had their debts "set aside" or at least a vast reduction to pay to what DAF chase for.

 

Hope to see you there.

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cheers Bakedalasker, I have visited your site. I have already used youtr template for intended court action, the deadline for which expires shortly. You also have a letter there for 'formally putting the account in dispute'. Should I use that to prevent further action by them. I have had the car (from Yes car credit) since April 2004.

 

Paul

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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Hi Saddler10,

 

You have not received a default notice or any official dispute letter. At present all you have received is a "warning" letter.

 

Preparation is the word here in case you are forced to go down this road. As this is not a matter of urgency yet my advice to you hear is to seek legal advice from the CAB. You took out the contract with YCC when the way they executed their agreements where wrong. If you ask to speak to a specialist advisor at the CAB they will be able to inform you if you have a case if the need arises.

 

DAF might refund your charges or they might default you or do nothing. Best to be prepared for the worse case scenarios which in this case would be the default.

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  • 2 months later...
Hi guys - is there any progress on this? I have a friend who is having problems with DAF. We would liketo make a claim - thinking of sending a LBA.

 

 

Hi Steven, I sent a request for removal of charges at the end of September as well as a demand for telephone calls to stop. Up until this point they had been adding £15.00 charges to my account on a regular basis, totalling £310.00. Since requesting the removal of charges and many letters telling them that their charges are unlawful, I have not had any additional charges added to my account and have not been chased for the £310.00.

 

Their response regarding the charges being unlawful was 'in accordance with our terms and conditions (section 5 indemnity).

 

"Section 5 indemnity 5.2 costs reasonably incurred by us in preparing and sending reminders, termination and demand letters, default notices, statements of account, copy documents, settlement quotations or otherwise..."

 

The key word here is 'reasonably'. I asked them to demonstrate how £15.00 represents costs reasonably incurred, and, of course, they could not.

 

Cheers, Paul

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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Thanks. Do you intend to claim the unlawful charges back?

 

 

Hi Steven, I never actually paid the charges as i was aware that they were unlawful, therefore when I wrote to them i was for the removal of charges from the account rather than refund. If I had paid them and then discovered they were unlawful, I would certainly be claiming them back.

 

Paul

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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Did you check if they were calculating interest on your unlawful charges?

I bet they were whether you paid them or not.Personally I think a S.A.R Request is the best avenue and also request how they have calculated the interest on your account and whether it has included the penalties.

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