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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. 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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Barclays ...Just back from Court ***WON***


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marvellous

 

oh how i would have loved to see the look on the ugly cabot barristers face

 

priceless no doubt

 

great victory

 

and to all the banks/dca's et al reading this

 

give it up or face more rulings and egg on face against you

 

you know you cannot defeat the law.. so why bother?

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Brilliant Herbie well done...

 

 

Just goes to show our Ken Maynard - (Chief exec of Cabot for those who haven't had the pleasure) - Do as you are told!!....get the agreements right, abide by the law and you'll STOP MAKING THOSE £18 Million Swing Losses year on year :D:D

 

 

There's plenty more Herbies where he came from and they are being lined up for you....:p

 

with love

 

the Cabot fan Club :-D

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Great news...was the judge CCA savvy or did you have to present case law around the PT being with in the four corners of the agreement or was the judge aware of this?

 

 

He was up on this CCA lark a Young Judge for a change, very professional,helpful had plenty of patience, as you would expect a Judge to be, The Cabot side were gutted big time :D.

Only now is it sinking in how much we have saved by winning, with costs and they would have loaded them we were looking at £13000 in total.

Maybe the Cabot barrister was on a no win no fee lol

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Great to see another win. Congratulations.

Just read the whole thread. I always add the 'won' cases to my subscribed threads to remind me why I should carry on fighting.

It would probably be useful to see how you presented your defence in the end if possible, as I believe it went from fairly basic to quite complicated and back to quite straightforward again!

I'm sure this would be of use to others.

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Well done Herbie - welcome to the CFC (Cabot Fan Club). Message to Cabot and silly Morgans - don't bring cases that you don't have the correct papers for through the courts. It's vexatious and bullying and your feeble attempts at attempting to frighten the consumer just aren't working any more.

Sorry if you don't have any extra cash for your fancy swimming pool or a new Aston Martin but your profits are sinking like the Titantic and all the fancy barristers in the world can't turn a dodgy, unlawful actions into a winner.

 

Herbie it would be worthwhile sending a letter of complaint to the Solicitors Regulation Authority about Piers Morgan and Glenn Crawford. Both solicitors - Morgan just joined Cabot to head up Morgan's solicitors and Crawford is one of the founders and directors of this unsavoury operation. BTW if you do complain the name of the solcitors company is not Morgans but Cabot Financial - check with the Law Society.

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You gotta be kiddin? :p

No Andrew actually I am not. I have been a member on here for a while and there are a lot of companies referred to by nicknames and the use of abbreviations for things is commonplace eg "DN" default notice, someone coming on here for the first time may well not understand a lot of the things on here. I genuinly have never heard of Cabot or know what they do but I will google it anyway.

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I think anyone who has dealing with Cabot will know who (and what) they are, DB. If you haven't, then probably not.

 

I haven't, neither, (well, not yet, anyway :mad:) and I was as in the dark as you were until I started reading threads relating to them.

 

I agree with the abbreviations. It can get confusing. I certainly try to avoid them, or, at least, make sure they are referenced in full someone in my posts, or the posts that come before them. If you don't, you just get questions about what they mean anyway.

 

Maybe a list of generic abbreviations is in order? Unless it already exists and I've struggled on all this time without knowing :eek:

 

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My apologies then DB, we've had so many thousands on here who have experienced the rough end of the debt collectors and the shennanigans of this company that I tend to take it for granted everyone would know on CAG who they are.

 

The difference between Debt Collection agencies and Cabot is that Cabot, like 1st Credit and a number of others are what they refer to as 'Debt Purchasers'. cabot are part of the Citi Financial empire now and they go and buy debt from the major card companies and banks for on average between 8 and 12p in the £ (although that's rising) then come after the likes of us for the full outstanding balance + interest and they use ' questionable' tactics to achieve their aim. Thanks to the synergy of this forum and the efforts of Caggers and of a number of others like we began in the Cabot Fan Club, Cabot have gone from making nearly £10 million profits in 2006/2007 to a loss of £6.7 million once we all started making them abide by the law. Shows what consumer pressure can drum up and the effect it has on these organisations and a swing in profit/loss of some 17-18 million is not to be sneezed at as a success rate.

 

If you have an hour I could go on, but there's plenty to familiarise yourself with if you want to know more on the forum...Just Google it or search...;)

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Maybe a list of generic abbreviations is in order? Unless it already exists and I've struggled on all this time without knowing :eek:

 

Here's one car (it could do with bringing up to date, if you've got a minute!;)).

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31476-glossary-abbreviations-j.html

 

Els

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My apologies then DB, we've had so many thousands on here who have experienced the rough end of the debt collectors and the shennanigans of this company that I tend to take it for granted everyone would know on CAG who they are.

 

The difference between Debt Collection agencies and Cabot is that Cabot, like 1st Credit and a number of others are what they refer to as 'Debt Purchasers'. cabot are part of the Citi Financial empire now and they go and buy debt from the major card companies and banks for on average between 8 and 12p in the £ (although that's rising) then come after the likes of us for the full outstanding balance + interest and they use ' questionable' tactics to achieve their aim. Thanks to the synergy of this forum and the efforts of Caggers and of a number of others like we began in the Cabot Fan Club, Cabot have gone from making nearly £10 million profits in 2006/2007 to a loss of £6.7 million once we all started making them abide by the law. Shows what consumer pressure can drum up and the effect it has on these organisations and a swing in profit/loss of some 17-18 million is not to be sneezed at as a success rate.

 

If you have an hour I could go on, but there's plenty to familiarise yourself with if you want to know more on the forum...Just Google it or search...;)

No problem Andrew and thanks for the information. I am currently going through the process of getting a number of cards dealt with and only Barclaycard (Mercers) and Egg (Capital Collections) have given me real grief so far but nothing I can't handle. From my limited experience of this Mercers appear to be a bunch of **EDITED**, **EDITED** **EDITED** and if Cabot are anything like I am glad they are suffering, well done everyone!

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Removing potentially libellous comment
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