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    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
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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.

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not displaying badge in private carpark.....HELP


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hows this

 

 

 

Dear Sirs,

 

Re: Your letter dated [dd/mmmm/yyyy] Reference[#]

 

I refer you to my letter dated [date], a copy of which has been enclosed for your ease of reference.

 

I have in the aforementioned letter acknowledged the receipt of your captioned letter dated [date].

 

I also stated in that letter that I was the Registered Keeper of the vehicle in question, as you will have discovered by getting my details from DVLA, but that you must direct your efforts to enforce any penalty to the driver of the vehicle at the time and date of the alleged contravention.I am under no obligation to provide you with the name and address of the driver at the time. ONLY the police have the right to request those details from me.

As you stated in your letter that you take disabled issues seriously i know the Driver did indeed have a valid blue badge which details can be produced should this issue go to county court.

At this juncture there is nothing more that I can add to enable the satisfactory conclusion of this matter for you, therefore I demand that you issue Court proceedings within 14 days or cease and desist from any further contact.

 

Any other form of contact whatsoever, whether by you or your agents, will be regarded as harassment and will be reported as such.

Yours Faithfully

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hows this

 

 

 

Dear Sirs,

 

Re: Your letter dated [dd/mmmm/yyyy] Reference[#]

 

I refer you to my letter dated [date], a copy of which has been enclosed for your ease of reference.

 

I have in the aforementioned letter acknowledged the receipt of your captioned letter dated [date].

 

I also stated in that letter that I was the Registered Keeper of the vehicle in question, as you will have discovered by getting my details from DVLA, but that you must direct your efforts to enforce any penalty to the driver of the vehicle at the time and date of the alleged contravention. I am under no obligation to provide you with the name and address of the driver at the time, even if I could be certain who the driver was. ONLY the police have the right to request those details from me.

As you stated in your letter that you take disabled issues seriously i know the Driver did indeed have a valid blue badge which details can be produced should this issue go to county court.

At this juncture there is nothing more that I can add to enable the satisfactory conclusion of this matter for you, therefore I demand that you issue Court proceedings within 14 days or cease and desist from any further contact.

 

Any other form of contact whatsoever, whether by you or your agents, will be regarded as harassment and will be reported as such.

 

 

Yours Faithfully

 

Add the blue part if you want, but the part I've highlighted in red I would leave out. Never give them too much information. Other than that looks fine. Let's see how they respond.

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I demand that you issue Court proceedings within 14 days

 

FWIW I am not comfortable with the above. Such a "demand" has no basis in law and in my view undermines the credibility of the writer. For me it shows impatience and a lack of confidence in the writer's position.

 

Just my thoughts.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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BTB,

 

I respect your opinions greatly but sometimes you do just have to say - "different strokes for different folks".

 

You can always find better wording but the reasoning behind the letter is sound. It is saying "I'm bored with you now, there is no substance to your whining, either put up or shut up"

 

Yes, it may be impatient, but haven't we every right to be impatient with these bullies who threaten and bluster, misrepresent and misinform.

 

The letter also serves as a good marker should it come to making complaints of harrassment and malicious communications.

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BTB,

 

I respect your opinions greatly but sometimes you do just have to say - "different strokes for different folks".

 

You can always find better wording but the reasoning behind the letter is sound. It is saying "I'm bored with you now, there is no substance to your whining, either put up or shut up"

 

Yes, it may be impatient, but haven't we every right to be impatient with these bullies who threaten and bluster, misrepresent and misinform.

 

The letter also serves as a good marker should it come to making complaints of harrassment and malicious communications.

 

I have no problem with what you say. It's just one of those things that has been nagging. I've never bothered to mention it until now. If people want to say it that's fine by me, I'd just prefer it if they made the decision having thought about the angle I mention.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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as this was only my second letter from them and i expect many more regardless of what i write, this is what i sent in the end.............

 

Dear Sirs,

 

Re: Your letter dated 05/03/2008 Reference 63940

 

I refer you to my letter sent to you on the 29/02/2008 by recorded mail, which you acknowledge you have received

I stated in that letter that I was the Registered Keeper of the vehicle in question, as you will have discovered by getting my details from DVLA, but that you must direct your efforts to enforce any penalty to the driver of the vehicle at the time and date of the alleged contravention. I am under no obligation to provide you with the name and address of the driver at the time, even if I could be certain who the driver was. ONLY the police have the right to request those details from me.

At this juncture I ask you to provide evidence to substantiate your claim against me. I have done all that I can to assist you. Unless you provide evidence to substantiate your claim against me I shall be unable to help you further in this matter.

thankyou for all your input but i will send the cease and desist letter if and when i get their next reply

 

 

 

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ok got another letter well two together actually..........one is a standard 2nd reminder telling me my charge has now gone up to £192 and the other is a letter which reads....

I refer to the representation made by you in connection with the issue of the above parking charge, thankyou for your letter dated 5th march.your comments have been noted and will be held on file untill this matter proceeds to county court

yours sincerely

 

this is what i intend to send as my reply what do you think....

Dear Sirs,

 

Re: Your letter dated XX/03/2008 Reference XXXX

With reference to my letter dated XX/03/2008 in which I requested you to provide evidence of your claim against me. You have declined to do this by stating that you will only proffer this at the County Court instead of trying to resolve this issue at the earliest possible opportunity. Due to your decision to withhold this information I must inform you that I have done all that I can to assist you in this matter. Therefore I ask that you cease and desist in any other form of contact whatsoever, whether by you or your agents, as it will be regarded as harassment and will be reported as such.

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ok got another letter well two together actually..........one is a standard 2nd reminder telling me my charge has now gone up to £192 and the other is a letter which reads....

I refer to the representation made by you in connection with the issue of the above parking charge, thankyou for your letter dated 5th march.your comments have been noted and will be held on file untill this matter proceeds to county court

yours sincerely

 

this is what i intend to send as my reply what do you think....

Dear Sirs,

 

Re: Your letter dated XX/03/2008 Reference XXXX

 

With reference to my letter dated XX/03/2008 in which I requested you to provide evidence of your claim against me. You have declined to do this by stating that you will only proffer this at the County Court instead of trying to resolve this issue at the earliest possible opportunity. Due to your decision to withhold this information I must inform you that I have done all that I can to assist you in this matter. Therefore I ask that you cease and desist in any other form of contact whatsoever, whether by you or your agents, as it will be regarded as harassment and will be reported as such.

DOES THE LETTER SOUND OK

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Help needed,

 

I think you know the [problem] by now, no chance of UK PAO taking you court [is there Steve :) ? ]

 

Incidently, UK PAO's statement to you that they would only produce photographic and CCTV evidence on the day of the county court hearing shows a marked ignorance of court procedure.

 

Any evidence which UK PAO were to rely on would have to be submitted to you as part of their statement of claim, well prior to the hearing date. If they attempted to produce new evidence on the day itself, this would instantly be declared unfair and therefore inadmissable.

 

Given the above, your proposed letter is spot on. Please be aware though that UK PAO will carry on writing for a bit. They seem to feel the need to have the last word.

 

[That's OK isn't it Steve :) ? We don't mind you wasting all those stamps and using up all that red ink.]

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Barnsley Boy thanks, not bothered at all if they would like to keep writing to me, id rather keep paying the post office the charge for recorded delivery than give them a penny, and of course i have a defence if they wanna take me to court, they can provide new evidence if they like but i know theres cctv there and ill demand that they show where i went to the office in the carpark with BB afterwards, which of course my mum in law will come to court with me to produce, but obviously she lives nearly 2 hundred miles away from us so maybe i can claim the petrol back from them too on the day

who,s STEVE? is he the lovely man who writes to me?

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if they would like to keep writing to me, id rather keep paying the post office the charge for recorded delivery than give them a penny, and of course i have a defence if they wanna take me to court, they can

If they ever get you to court don't forget to counter claim for the cost of all those recorded deliveries. :grin:

-------------------------------------------------------------------------------------------------------------------------------------

This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

--------------------------------------------------------------------------------------------------------------------------------------

 

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Steve Hall [Hi Steve :) ] is named as a Director of UK PAO on the Companies House report. Steve Smith is the so called "Senior Appeals Manager" who rejected my "appeal" [which wasn't an appeal at all, merely a suggestion as to where to stick their parking ticket]

 

I have my suspicions that they are one and the same. UK PAO's "head office" is a grotty council house in Stanningly, Leeds. There's only so much room. PPCs aren't known for throwing their money about.

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Help Needed

They (he) have/has not provided the evidence to substantiate their claim against you that you requested. Instead they are just, as Barnsley Boy pointed out, trying to have the last word. It does not merit a response. Why bother engaging? I am sure you are far too busy to waste your time responding to their desperate attempts to try and intimidate you with their spurious claim for monies. The statement that "your comments have been noted and will be held on file until this matter proceeds to county court" is lame, but said to sound intimidating. I would ignore it, be cool and don't waste your time. They're obviously on the back foot if that's the best response they (he) could muster.

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Help Needed,

 

After their letter I sent the "cease & desist" and then stopped writing. I got 3 or 4 invoices after that, increasing the amount claimed by the £3 / day "liquidated damages*". The amount claimed went up to over £300 before Steve [Hi Steve :D ] stopped writing - must have fallen out with me.

 

From Case Law:

 

*The damages will be considered as liquidated in the following cases:

 

When the damages are uncertain and not capable of being ascertained by any satisfactory or known rule - whether the uncertainty lies in the nature of the subject itself or in the particular circumstances of the case;

 

When, from the nature of the case and the tenor of the agreement, it is clear that the damages have been the subject of actual and fair calculation and adjustment between the parties.

Not the case here - it is clear that UK PAO do not have the least understanding of the legal concepts involved.

 

The contractual remedy for late payment is interest. The courts routinely allow about 8% / year. On a typical UK PAO ticket of £60 this would amount to £4.80. In UK PAOs world they consider that 365 x £3 = £1,095 is more like it, 228 times what a court would allow.

 

This single fact alone makes UK PAOs proposterous claims completely unenforceable. No one should be in the least bit intimidated by their empty threats. If it came to it, a day in court would be a great day out with not the slightest change of losing.

 

If it happens to anybody, please tell me, I'd love to see Steve :p in person, if only to say Hi.

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It's not going to happen unfortunately, if it did I, and others, would certainly help you formulate the defence statement and turn up on the day to watch Steve [hiya :p ] trying to explain his understanding of liquidated damages to the beak.

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  • 2 weeks later...

well sent my cease and desist letter and this is the reply i got this morning..........

 

i refer to the representation made by you in connection with the issue of the above parking charge.

thankyou for yuor letter dated ***** . i note from your letter you are requesting evidence of the offence, but as you have not provided the name and address of the driver at the time of the charge being issued, there is little we can do, but issue county court proceedings and let the court decide.

we as a company issue the charge to the vehicle, the DVLA provide us with the registered keeper details at out request. we can issue you with the photographic evidence as enclosed,

the onus is on the driver to make sure he/she leaves the vehicle in an appropiate parking space. we take all disabled issues seriously. as you stated in your letter you have no obligation to supply the name and address of the driver, we have no alternative but to issue court proceedings.

your comments have been noted and will be held on file untill this matter proceeds to county court,

yours sincerely

steven smith

 

 

they kindly enclosed a photo of my car for free too, :)

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Help Needed,

 

You know the score. Even if they do issue court papers they won't turn up - will you Steve :) ?

 

It happened to Abbie, she got her best dress ironed and everything but Steve cried off at the last minute.

 

Don't worry, easy said I know but DON'T WORRY.

 

You've sent them a letter saying "take me to court". They have replied by saying they might............ You should be petrified [NOT]

 

File away in a dark but safe place and let Steve fester.

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thanks BB

Im not gonna fret over it thats for sure, let them take me to court, by the sound of the letter if i hear from them again it should be the issue of court proceedings notice, actually i wish they would as i can arrive with my defence, (and my mother in law),

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well after the last letter from them saying they would be issuing court proceedings, i have received another letter today asking me to pay £252 now and i have ten days to pay, (fat chance) it also says we will continue to enforce the remainder of the debt and will also continue to increase the daily amount

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