Yes I did appeal it. I sent a letter to CP+ worded the same as “lookingforinfo” posted previously. I also emailed Moto. That’s all I did and have a great result. Thanks all Link that might be of use to others https://mol.im/a/11889321

Hi everyone I have received correspondence from CP+ on Tuesday (their letter dated 13/3 surprise it’s taken two weeks again to arrive) with some great news that they have cancelled my parking charge in full and no further action will be taken. They also apologise for my inconvenience caused in relation to the matter. I really appreciate the time and effort everyone on this board has taken to point me in the right direction into fighting this claim. Thank you Another victory for Cag Not sure if I can post a link to the mail online, regarding someone else having the the same issue as me and taking Group Nexus/CP+ to court. Regards connect4

I’ve heard back from Moto. They were quick to respond but basically are washing their hands of anything they can do. Apparently they don’t have any access to the data of CP+ due to GDPR and suggest I appeal the PCN with CP+/ Group Nexus.

Thanks FTMDave, sorry it’s taken a while to respond. I’ve just sent the email to Moto. We’ll see if I get a response. Thanks for your links and advice. Also thanks to Gick for the wording.

Thanks honeybee and brassnecked I’ll sit tight for now

Morning All I have received a reminder to my parking ticket yesterday dated 3/3 I did post a letter (proof of posting) with the wording that ‘looking for info posted’ ( 27/2) I would have expected them to have received it before the reminder was sent out. How to approach this one? Should I email next ? I will then have another proof of contacting to refute their claims. They are good at delaying posting as this letter has taken 8 days to arrive. It doesn’t give me enough time to respond before the next stage is started. Have uploaded the latest letter Regards 0000000000 2.pdf

Thanks Gick and FTMDave. I don’t think asking Moto to cancel the ticket would work. A lot of people over the years have used the services to exit the motorway, which is possible. Hence people’s stay are a minute or less. I have since seen works are happening to prevent this in the future. CP plus have got the arrival picture from one day and the exit from the next day. Regards

Thanks lookinforinfo I’ll write to them using your exact words. I Appreciate your time

Thanks dx, Nicky Boy Checked location services on iPhone - I don’t have any, not switched on. No google searches available. I didn’t purchase anything on my travels and don’t have car tracking insurance. I did take a couple of videos at the futsal match so that has time and date information on it, which would be 12.15 ish on 05/02/23 at Derby University sports hall. And then most of the away team members UEA know I was at the game. I could get a few witness statements to say I was there. If it helps?

I haven’t got anything in the way of a receipt to prove I was elsewhere between the dates. I travelled to Derby in the afternoon of the 5/2 to watch a Futsal game with family then returned home. Any ideas on how I can prove where I was?

1 Date of the infringement 05/02/23 - 06/02/23 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 14/02/23 [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s 3 Date received 25/02/23 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] 7 Who is the parking company? CP PLUS 8. Where exactly [carpark name and town] Frankley service station M5 southbound Birmingham Sorry taken so long. Had to work out scanning and files Regards 2023-02-14 CP+ PCN.pdf

I’ve had a parking charge arrive on the 25 February from CP plus for allegedly parking on Frankley service station M5 southbound from 5/2/23 at 08.40 till 6/2/23 at 13.18 the date of issue is 14/2/23 gives me till the 28/2/23 to appeal or pay at reduced rate ( 11 days between issue and arriving in my letterbox) My issue with the ticket is I arrived at service station and left immediately on two consecutive days. Arrived on the 5/2 at 08.40 and left within a minute the same on the 6/2 arriving at 13.17 and leaving at 13.18. The parking company are using my arrival from one day and my exit from the following day. How do I appeal this? Regards

Hello everyone, Last month I checked my credit file to find Lowell had done a search( second one one in approximately 2 years) my question is are they allowed to do this? My credit file is now clear of bad debts ( all are over 6 years old) My previous crossing with Lowell was a court victory( previous Lowell Lloyds Tsb current account thread)for me last year regarding Lloyds Tsb account. The other was a credit card from another lender which Lowell never made a claim for. Lowell continue to send letters offering different settlement amounts to clear both accounts( even the one I had which I ignore. My concern is that although my credit rating is quite good, with Lowell searching my file this will potentially put me at a disadvantage in the future if I try to obtain credit. Thanks in advance

Final update Hi Andy and everyone following this thread. Had some good news when i arrived at the hearing there was no new documentation from the claimant solicitors when the hearing took place the district judge decided there was no case for me to answer as they had not provided a full statement (claimant only provided a part statement showing a few bank charges) showing how the claimed debt had been made up and dismissed the case. When i first received this claim i thought i would loose this case as i didn't understand how it all works, a big thanks to Andy and the Cag team for my defence and for giving me the confidence to defend myself. I couldn't have done it without you. It is really worthwhile fighting the debt management companies as they did try to bully and hound me, but if you have a defence that will stand up the district judges, as i found, are very fair and look into everything about the case details, even if like me you may have missed a point which could turn out to be a winner. Good luck to all fighting their cases and i hope this thread may help. connect4

Thank you for reply Andy The Court date is mid January. They paid the £300+ court fee 3 days after the deadline, which seems odd. I asked the court if BW had filed a defence and the only thing they sent in was the court fee. I assume they are hoping a full statement will appear so they can ambush me on the day again. Have you any advice on the matter Regards connect4

Hi Andy this is the defence you draughted for me for the set aside hearing. The DJ said i would use most of this for defence in the small claims court. Sorry not been back on here until I found out if BW sent in a WS in the specified time which they have not. They were also 3 days late in paying the fee for the hearing.The DJ at the set aside hearing gave them 28 days to lodge their defence after my defence which i filed in the 14 days I was given. I have two questions; Can I do anything about their lack of their WS ie get the claim thrown out of court as they have gone over the time limit set. And secondly the fact BW legal were 3 days past their time limit for paying the court fee set by the DJ. Regards connect 4 Lowell BW legal claim form from old tsb current account In the XXXXXXXXXXX county court Claim no............. Between: Claimant Lowell Defendant Connect 4 Witness Statement in response to Claimants Witness Statement to set a side. I connect 4 in addition to my defence will state as follow : I make this statement in response to the claimants witness statement in opposition to my set a side application dated xxxxx of judgment dated xxxxxx which was not served pre hearing on either myself or the court and which disadvantaged me by not allowing the requisite 3 days to consider the claimants response to my proposed defence. I will state the following in response and follow the order of their WS. It is denied that I entered into an agreement...it was a current account which is not subject to an agreement but a service facility which is exempt from the CCA1974 except for part V nor is it denied that I have in the past held various accounts with the original creditor (insert name). Assignment of debt It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.It is accepted that a copy was produced on the day of the hearing which I understand to be a reconstituted version which carries little bearing on any validity it purports to convince and is de facto. Payment of debt A part statement is not acceptable or appropriate in reflection to the alleged amount outstanding nor equates to how the figure has been quantified. Previous requests by CPR 31.4 have been ignored previous requests by the court to disclose have also been ignored.The claimant confirms that no other documents are available from the original creditor and yet they wish to litigate on a figure that as yet to be substantiated. I will contend that any alleged balance be it the result of unfair and extortionate bank charges/penalties being applied to the account and will assume as there is no original statements to quantify,the amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments and collection fees. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999. Claimants response to Defendants defence There is no question that the claim form was served nor is there a need for irrevocable presumption of good service....there had to be service as I acknowledged the claim on xxxxxxx.I was late submitting my defence because the claimant frustrated my attempts of clarification by way of a CPR 31.14 by refusing or ignoring this request. Therefore the judgment is Irregular pursuant to the CCA1974 as an acknowledgement was submitted beit deficient of a defence for the above reasons and is therefore not a regular default judgment.It is my understanding that in this instance it is the law that the judgment is bad and must be set a side. Definition of Default Judgment Once a claim has been issued the defendant has 14 days in which to respond. If within that time they file an acknowledgement of service they are entitled to a further 14 days to return their defence. The law states that, if the defendant does not file an acknowledgmenticon of service or defence, the claimant is entitled to ask the court for a default judgment. A default judgment is, therefore, a judgment entered without a trial after the defendant’s failure to defend the claim. Irregular Default Judgments The law distinguishes between two types of default judgments: “regular” and “irregular” judgments. A default judgment will be irregular if it has been entered when: • The defendant has filed an acknowledgement of service or a defence; • The time for filing the acknowledgement or defence has not yet expired; • The defendant has made an application to strike out the claim or for summary judgment; • The defendant paid off the whole claim, including any costs and interest, before judgment was entered; • The defendant has filed an admission to the debt and asked for time to pay. A default judgment entered in any of these circumstances is not valid in law and the court must set it aside. The defence filed is not a bare denial of the claim made against but seeks clarification that the claimant is legally entitled to seek relief not only a the legal owner but that they have also followed all the provisions laid out by law in the CCA1974.To quantify and prove the alleged residue of a current account is lawfully owing. I will contend additionally to my defence that should the amount comprise of unlawful penalties and collection fees and unfair interest that my defence is made pursuant to CPR 16.6 and therefore the contention may be included in the defence and set off against the claim, whether or not it is also a Part 20 claim. With regards to the claimants statement and reference to s74b of the CCA 2006 the original creditor failed to comply and never provided notice of of unauthorised overdrawing or if there ever was unauthorised drawing which is irrelevant to my defence. If a Notice of Assignment had been received then it would be true that it was a demand for payment...having never received such notice that point is irrelevant. In response to the claimant contention that s98(1) does not apply by virtue of 98(6) :- 98 Duty to give notice of termination (non-default cases). (1)The creditor or owner is not entitled to terminate a regulated agreement except by or after giving the debtor or hirer not less than seven days’ notice of the termination. (6)Subsection (1) does not apply to the termination of a regulated agreement by reason of any breach by the debtor or hirer of the agreement. I will contend that there was no breach and ask them to define how can you breach an overdraft and to evidence any breach?Irrespective neither the original creditor nor the assignee can disclose such evidence or copy of Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and is therefore prevented from seeking any relief until such time they can pursuant to s98 (1) With regards to Notice of Sums in Arrears although the claimant contends that under s13 of the CCA2006 there is no requirement to provide this notice The defendant contends that as an assignee of this alleged debt that they are responsible not only for the benefits but the duties to comply with s86B which states the creditor or owner is responsible.As the alleged assignee they are the owner and only the legal owner is entitled to litigate on any debt outstanding. Disclosure and CPR 31.14. I will contend that this request is applicable to the claim as at the time of the request the claim had not been allocated,with regards to the claimants statement " is under no duty to disclose such documents until directed by the court " the Court had already on 2 previous occasions requested disclosure which the claimant has still failed to comply with.....apart form reconstituted versions on the day of the last hearing in an attempt to ambush the claim which astonishingly the court allowed as admissible. The next statement by the claimant is quite bemusing in that " in any event at the time documents were requested judgment had already been entered and therefore it was necessary to disclose such documents" The documents were requested within immediate receipt of the claim form.Before acknowledgement of service and in the interim period of 28 days to submit a defence. Therefore it is brought to the courts attention how the claimant is misleading the court and their behaviour quite vexatious. Conclusion The judgment entered is Irregular having submitted an Acknowledgement of Service. The claimant fails to substantiate any evidence or grounds that they are legally entitled to litigate or to quantify the amount claimed. The defendant respectfully requests that the court accepts that it is a Irregular judgment and would expect the court to uphold the law CCA1974 and follow the CPR and allow this application. The defendant also request further costs and occasioned in dealing with this claim. STATEMENT OF TRUTH I believe that the facts stated in this Witness Statement are true. Dated this day of xxxxxxxxx

I will leave contacting them, I have calculated 32 days since my defence went into Northampton so hopefully be over the finish line soon Regards connect4

Thank you Andy for your reply. I will check with Northampton CC to see if there has been a response from the claimant. Regards connect4

Hi Dx. What would you say my next move is? Cabot have given me 14 days to reply to them to make some agreement for a payment plan. I assume that if they have no signed agreement or copy of agreement they will not be replying back to court within the 28 days and the claim will become stayed. Any comments would be appreciated Regards connect4

They have sent copies of 2 CCA's from citi, one 2002 they call the original and one they call the current from 2008. There are no copies of a signed one at all, on all they have sent there is nothing signed by me or copies signed by me. Regards connect4

Thank you for your reply dx. I think the T&C's maybe from 2008 going on one of the citi documents. There is also an original CCA and a current CCA. If the reconstituted true copy of credit agreement is of no use to them are they hoping i will call to set up some payment plan? I am right in thinking they wouldn't have the correct documents to proceed with the claim? Regards connect4

Hi Andy, Dx100, the old rouge. I sent my defence in to Northampton CC they duly replied with a letter confirming receipt of defence and that a copy would be forwarded to the solicitor of Cabot. The letter also states unless the claimant informs the court he wishes to proceed within 28 days of receipt of my defence the claim will be stayed. On Saturday I received documents from Cabot which includes reconstituted true copy of credit agreement, statement of account and terms and conditions. They claim that this satisfies the obligations set out in section 77-78 of the consumer credit act 1974 and as they have now complied with my request for information they are now able to enforce the credit agreement which i signed and entered into (on all paperwork they sent there is no copy with my signature on ) Enforcement would mean obtaining a CCJ however they would prefer to work with me and set up a payment plan to settle the outstanding balance. I would like to ask how to respond to the above? They have not provided a copy of the signed agreement, how would this affect them applying for a CCJ? The 28 days from the solicitor receiving my defence would be up about now, I have not contacted the court yet to see if they have informed the court they wish to proceed. Any comments help would be appreciated Regards connect4

Thank you for advice Andy. I think if i leave out para's 2 and 3 it is a very weak defence, also by omitting these i am actually saying i had an agreement with citi! Regards

Thanks for advice dx, my defence is due latest in 4 days.(33rd day) I would like to submit in 3 days time Regards

Thank you for your reply dx. If i delete paragraph's 2 and 3 and edit paragraph 4 to read "I am unaware of any legal assignment or Notice ofAssignment." would the defence suffice? Or is there anything else I could add? Regards