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    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ACS Law : ACS:Law withdraw from ALL cases - BBC NEWS


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http://www.bbc.co.uk/news/technology-12253746

 

well done caggers!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ConsumerGroupsFriends.... this is some extremely good news.

 

I cant thank the people on this forum enough for the held, guidance, advice, support, time, effort, research that has been put into it all.

 

Any one who has even participated with a post to any one victim to this should be happy inside. A lot of sleep was lost over this.

 

 

Much love

 

xxxxxxxxxxxxxxxxx

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It also may not be the end of it... sorry. But until the ruling excludes MediaCAT for continuing to act on the NPO's already obtained then it's only ACS out of the picture. This needs to be finalised and MediaCAT prevented from continuing this harassment through other parties.

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Those who received such letters may pursue ACS: Law for harrassment, said law firm Ralli, which represents some of the defendants

 

Don't look past this very important point and lets keep an eye out for any such follow ups.

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To be honest, I am not that concerned about the probably fairly pointless idea of pursuing the odious Andrew Crossley or ACS:Law for harassment. I hope that Andrew Crossley crawls away into some deep, dark hole and if he has a wife, children, surviving parents, colleagues or friends they all get to find out about the disgraceful practice he has been engaged in and react accordingly.

 

I am very concerned about the precedent and the release into the public domain of the names and addresses and perhaps even the phone numbers and credit card details of tens of thousands of people.

 

Let us not forget that this was an exploitative attempt to obtain money through intimidation, the threat of significant financial loss or by means of exposure, the loss of employment and breakdown of relationships.

 

I would be far more interested if Ralli or others were to pursue the legitimacy of this sort of extortion and blackmail and if the ICO and SRA were to come down very heavily on Andrew Crossley.

 

 

Incidentally, I can't believe the sympathetic stance being adopted by the media who still seem to portray Crossley as some sort of victim of a gross injustice - a least the Telegraph appears to have chased up on his claims of bomb threats. What about the claimed accident that prevented his appearance at the first hearing, what is te truth behind that?

 

The little known Computeract!ve also deserves a round of applause :)

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I agree that the outcome should seek to close the door on this kind of threatening behaviour in future, but I for one don't think Crossley & Bowden should be let off the hook so lightly. If nothing else it would set an example to others to considering to act in such a manner.

 

Personally, I'm not interested in an ambulance chase of being rewarded for being harassed. But to punish those who acted in such a way to the extent that they lose all their ill gotten gains is surely a justified act. I don't want to see these merciless cowards benefit by so much as one single penny for this act. I'd be quite happy to recover all collected damages into a charitable donation, just as long as AC & LB can't say this has funded so much as a car payment or one drop of fuel for his Jeep Compass (not quite the Lambo or Ferrari he was expecting)!

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I am so pleased. I will never forget how I felt when I opened that letter. All the posts on here helped me make the right moves and I never sent the guy a penny. There are thousands like me. I hope he feels as bad as all of us put together. A first class S**T whose greed overcame any thoughts of the effect he had on people lives, hiding under a smokescreen of self righteous, hypocritical, double standards. Fortunately he became too arrogant, made too many mistakes and will now pay for it. Don't feel sorry for him, I hope he gets locked up

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  • 2 weeks later...
It also may not be the end of it... sorry. But until the ruling excludes MediaCAT for continuing to act on the NPO's already obtained then it's only ACS out of the picture. This needs to be finalised and MediaCAT prevented from continuing this harassment through other parties.

 

Now Judge Birss has given MediaCAT and the copyright owners involved 14 days to join the action before it faces being struck out.

 

Judge Birss had been concerned that if the case was simply allowed to drop when ACS Law pulled out, the defendants could have had the action resurrected by another firm representing the copyright holders.

The judge wants to drive the final nail in their coffin.

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Judge Birss said he had considered making an order preventing Media CAT from issuing more proceedings, but as the company had been declared insolvent this was not necessary.

 

Instead he set aside notices filed by Media CAT to discontinue the case and said: “I will hear counsel as to whether in the circumstances as they now are there if anything would be served in requiring Media CAT to apply to join the copyright owners.”

 

A spokesperson for defendant solicitors Ralli said the cases were stayed until 16 March. The claimants must discontinue within two weeks if they wish to do so.

 

Ralli and Lawdit are both applying for costs orders against ACS:Law. Coyle said he expected the judge to decide on costs in the near future.

 

In an emailed statement Crossley confirmed he had closed down ACS:Law and informed the Solicitors Regulation Authority (SRA). Crossley said he would not comment further.

 

A spokesperson for the SRA said it had not yet received notification that the firm had closed. The spokesperson added that it was pursuing its misconduct case against Crossley.

http://www.thelawyer.com/acslaw-file-sharing-claims-dropped-as-firm-closes-doors-for-business/1006896.article
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There has been some speculation that some of the material that people have been invoiced for was not even owned by the copyright holders that MediaCat had an agreement with. One poster commented that they had looked into it and found that the film title that was on the invoice letter, was actually owned by a Dutch company that was no longer trading.

 

Makes you think that the copyright owners MediaCat have an agreement with are unlikely to join the action. Even if they could prove that they had copyright for the material in question, I doubt that they would wish to incur any costs, when the current actions are looking doomed. Surely if they had received positive legal advice that they could take legal actions themselves with a good chance of success they would have done this themselves, rather than allow somone else to do so, with the consequences we are currenly seeing.

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