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    • I would say so yes but ofcourse only in the years the charged it not running till today.
    • please complete this:     and scan up the PCN bothsides to one multipage pdf read upload   dx  
    • Must satisfy POFA if they want to ground Keeper Liability, so no Keeper liability, their RoboClaims always try to sue both as if they can jointly and severally, but the Courts should be looking at the was Driver or Keeper and chuck the claim out for being vague, but they don't  They might if POFA fails and they know they are onto a loser, might have a last gasp and try to rely on Elliott v Loake a criminal case so not applicable to a Civil claim, and CPS v AJH Films, again not applicable as is about employer/employee, they will do this to try to get someone to cough up before a case they know they are going to lose to salvage what they have already paid ou to go to court.  I would delete the  line   As the keeper of the vehicle, I decline as is my right to name the driver (s) at this time"  That is an oblique reference to the duty to name driver in a Criminal case, and is the Elloitt v Loake scenario.   Others will have better ideas, but lloking decent.
    • Good morning request sent off yesterday to moriarty law  but today got this load of tosh  Combine Jul 17, 2019.pdf
    • In response to your question, I have a copy of the title deeds showing ownership and also the leases. No idea what to do with that info though!   I should be most grateful if you would review the attached brief draft defence on page 1. The page 2 thoughts are a work in progress.   The POFA point is weak in my opinion, but having read a lot of analysis of the requirements, I haven't managed to come up with anything beefy.   I should be grateful for any ideas on that, as it seems like a failure to follow procedure would be a strong defence.   Also it asks for the driver's details on the PCN and then the claim states the Defendant was the registered keeper and/or driver, but I don't really understand whether there's a point of defence there.    DRAFT DEFENCE 1)      The claimant has failed to prove that VCS had a contract with the landowner (The West London Property Corporation Ltd.) in August 2015, and therefore failed to show either a legitimate interest in controlling parking at the Berkeley Precinct, or the authorisation to make charges on their own behalf, for any overstay in the carpark, including for first-time offenders (relevant to Tesco lease). (no response to CPR 31.14 request delivered and signed for at 10.32a.m. on 9th July) 2)      The claimant has failed to prove that VCS obtained a planning permit from the Sheffield Planning Department under the Town and Country Planning Act 2007 (also requested in my CPR 31.14 letter) and that there were prominent signs in existence at that time, showing clearly the terms and conditions for parking and the charge payable for any breach. Therefore, the three elements of offer, acceptance and consideration required for a contract were not met, and no contract existed. 3)      The claimant failed to issue the PCN in the timescale required under the Protection of Freedoms Act 2012 for keeper liability and, allowing for the 2 day delivery time afforded to Royal Mail, it arrived a day later than the 14 day deadline. The parking company has not met the keeper liability requirements and therefore keeper liability does not apply. The parking company can therefore only pursue the driver. As the keeper of the vehicle, I decline, as is my right, to provide the name of the driver(s) at the time. As the parking company have neither named the driver(s) nor provided any evidence as to who the driver(s) were, I submit I am not liable to any charge.    
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Yellow160

Cabot! Being Sneaky!

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I sent off a CCA request in July 07 and they replied to say it was being passed back to Barclay Card. 3 days ago i received another letter from Cabot saying Thank you for your recent enquiry, Please select the nature of your enquiry and return this form back to us so we can look into it further for you... This seems like a sneaky move.. Should i just ignore this as they are in default of the CCA?

 

regards

 

Yellow


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File under IGNORE as they obviously haven't updated their system as they said.

IF they come back to you again then we'll hit em ;)


Be VERY careful whose advice you listen too

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cheers curly


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##Update##

Received another letter from cabot to say as they have had no response from their previous letter and i have 14 days to reply otherwise it will be passed back to their collection department! What should i do next? Scotcall returned the acount back to them July 07 and ive heard nothing untill a few weeks ago!

 

Should cabot know this account is in dispute? I cannot find my letter from scotcall to say they cant supply the cca and they were passing it back to cabot for them to supply it..


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Ok no worries throw this at them.

 

Account In Dispute

Formal Complaint

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

May I draw you attention to our letter of XX/xx/xx in which you clearly out lined the position concerning this matter. I enclose a copy for your perusal and ease of reference.

 

**CREDITOR** has failed in my lawful request under the Consumer Credit Act 1974 section 78(1) and subsequent Statutory Instruments.

I formally advise you that since **CREDITOR** has failed to comply with the terms of the Consumer Credit Act that as from **DATE** they are in legal default on this alleged agreement. This default means that the alleged agreement from this date is totally unenforceable. **CREDITOR** may not apply any charges, cannot issue defaults, cannot sell or assign the alleged debt or cannot invoke any clause within the alleged agreement.

 

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

As **CREDITOR** have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

The mere fact that they have passed this account to you while it is in dispute and default is also in breach of the Data Protection Act 1998.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

 

 

Include a copy of their letter saying they had returned this account.


Be VERY careful whose advice you listen too

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Cheers curly i will hit them 1st thing in the morning with that one.. Also the letter i received on 18th Jan said outstanding was £753 and in the most recent letter it now says £953 :o £200 added to the balance in less than 2 months.. Mind you this is the 3rd letter that has a different amount owing on it, Should i mention this to them? And should i start claiming these charges back? There is possible £500 worth of charges added to this account.


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Just see if they respond to the fact hey have said they have returned this account.

If they do we'll go from there.


Be VERY careful whose advice you listen too

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If the CCA was sent 27th July when did they fall into Legal Default for not supplying this? In the letter do i refer to the creditor as Scotcall as they were chasing for Cabot and couldnt supply the CCA and returned it back to Cabot or do i use Cabot as the creditor as thats who they claim to be.


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bump


The views expressed on this website are mine alone and don't reflect the views of my employer!

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12 working days + 2 would be the 13th August, assuming you are talking about 2007?

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