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    • How does one obtain the permit? The permit team number is only open between the hours of 9am to 3pm. It says on the website, To obtain an additional 2 hours, the driver must pay a tariff of £3.00 + booking fees in person at our Security Hut, is that how you get the permit also, from the security hut? What a rigmaroll that would be but maybe just another step to take to try and catch people out?  
    • Anotheruser0000 bear in mind that not all Judges are equally versed in the PoFA regulations. Fortunately now most of them are but sometimes a Judge from a higher Court sits in who is well experienced  in Law but not PoFA. and so they sometimes go "offkey" because their knowledge can raise a different set of arguments and solutions. It does seem particularly unfair  when the decision is so  bad . it can also be that in some situations the motorist being a lay person is not sufficiently know ledgeable to be able to counter a Judge's decisions in a way that a barrister could.
    • The argument about the date of receipt is now dead because the PCN  does not comply with the wording  of the Protection of Freedoms Act 2012 Schedule 4.  First reason Section 9 [2] [e]  "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—(i)to pay the unpaid parking charges;" Second Reason Section 9 [2][a] "specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;" All your PCN does is mark the time you entered and left the car park. It does not include all the myriad things you do in between-driving into the car park, looking for a parking space-perhaps a disabled space or  parent and Child place@ getting the children or disabled person out of the car then going shopping. Coming back; loading the car with shopping [, getting the children or disabled into the car, taking the trolley back to the store; driving to the exit perhaps stopping to let vehicles/pedestrians cross in front of you etc. so subtracting the driving times from before and after parking can make quite a difference from their time to the actual period parking time. So the upshot is now that only the driver is responsible for paying the PCN and the keeper is not liable at all even if the name of the driver is never known by Nexus so well done for not appealing. You obviously want to keep it that way to make it very difficult for them to win in Court if it ever goes that far. Although your question is now moot since  the same objective has been achieved by the non compliant PCN [ie no keeper liability] just  about the only way to dispute the timing of the PCN would be if one kept the envelope and there was a discernible date stamp on it that did not match the date on the PCN. There is a new Act coming out [and it cannot come quickly enough ] and one of the things required is that parking companies will have to prove the date of sending out their PCNs. We are not the only ones who sometimes doubt the veracity of their dates particularly as the later it is sent [unlawfully] the shorter the period motorists have to benefit [?] from the reduced payment. I haven't seen it on your posts but do you know how long you are permitted to park for free?
    • I was so annoyed and frustrated about the fact this case was lost it's been floating around my head all night. Dave962, are you sure that's what the Judge said? .... It doesn't make sense. Did the judge in fact dismiss the case on the grounds that the defendant did not make an appeal within 28 days? Effectively telling the PPC about the error entering the registration number and providing proof of payment at that time? To me, that's an important point.  
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Major Help needed with Cabot and CCJ**WON** Case dismissed


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Hi all, I need some advise for my Dad :(

he has been getting letter from Cabot Financial since the 10 June 2008, they have been chasing 2 accounts One is with MBNA and one Agros. they have sent 5 letters between 10 June 08 - 21 April 09 demanding payment :x. The problem he has had was that we put a SAR into both accounts to get the statement to get the charges back. MBNA sent there's no problem but to date Argos has never sent theres :-x, anyway MBNA has paid back the charges but still not even a statement from Argos. the last thing i did for him was send them a LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998 But he has told me he has never had anything :eek:

The problem he has had with Cabot were the number of telephone calls (20-30 a week) which stopped when I sent them a Harassment by telephone letter From here on 2/2/09. With me being away he hasnt done much about the Argos statements so is no further with them.

On the 29 June 2009 he got a Judgment for Claimant (Cabot) in the Northampton CC. The problem is he has never had any court paperwork or anything from Cabot and I do not know what to do for him (he is very upset about this) he has spoken to citizens advice who told him to try and set aside the judgement, but we are both not sure what to do tbh.

The hard part for him is that he has been of work for 14 months because of an accident he had :-(

Any advise would be great as I really dont know what to tell him, please Help

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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Hi there,

 

If you are sure that your Dad has never received any court paperwork then he will need to apply for a set aside of the CCJ.

 

Unfortunately this will cost £75 unless you Dad is fee exempt - do a search for form EX160 on google for details.

 

Have a read of the links below on getting the CCJ set aside -

 

 

 

Setting aside the original CCJ of your CCA

 

 

CCJ removal inc. step by step guide

 

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Hi supasnooper,

Thank you so much for posting :)

I have read the threads you posted but I feel a bit lost tbh, I dont really know where to start. Do I send a SAR to Cabot??, What grounds can I set aside the judgement for him??

I think this might be getting on top of me :o

Sorry to be a pain :p

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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Subject Access Request goes to the original creditor - I'm not too sure which creditor got the CCJ from your info though.

 

Not receiving any court paperwork is a good start - how would he have known that he was being taken to court ?

 

Also give Northampton County Court a call and see if they'll send any details of the claim to you. Your Dad may need to do this though due to the Data Protection Act.

 

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Great :D I have done the SAR to both of the original creditors.

now to set aside the judgement, I am right that i use the N244 form which i have found online. Is there anything on the forum that can show me how to fill it out, I have been looking but cant seem to find anything. I am sorry for being a pain :(

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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Thanks for getting back to me Supasnooper :)

I am looking at the post above and the example and feel I am being a bit thick :confused:, on the n244 form there are 3 parts, A, B and C, I feel i am unsure where to put what :o I am worred about making a mistake :o

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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ok been looking at this in more detail :rolleyes: is there anywhere I can see what particulars for setting aside the judgement will be. I am worried that if i miss anything and it goes to a hearing and he needed it i will have messed up. :(

I have had a form today from the court with some details on it, it just says case details ( screen print) It has claimant, defendant and particulars of claim and some figures on it with the amount of £5215.50. (includes costs)

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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If your dad didn't receive any court paperwork then that is a reason for getting the CCJ set aside.

 

Just state you reason/s in clear english for the set aside, it's not always smart to try to be too legal.

 

 

I don't think what Cabot have done is allowed as they have mis-stated the amounts, another reason to add to your set aside.

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ok sorted i think :D N244 form in so fingers crossed.

If it is accepted can anyone tell me the stages that will happen and is there anything I should know :rolleyes:

Sorry for sounding like a broken record

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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hi gaz,

it seems snoops has guided u well so far, maybe worth having a look round the site to get a flavour of what's in store.

this thread although not completely relevant won a set aside case:

http://consumeractiongroup.com/forum/dca-legal-successes/139232-hfc-restons-charging-order.html

 

there are many others who have/are going down this route for varying reasons but the process will be the same. get reading there may be snippets u pick up that will be helpful later on.

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that is a great post 42Man :)

I have had a letter back from the court and my Dad has a hearing on the 16th September. I looks like it is to decide weather to set aside or not.

I have requested all the information Cabot have on the debit and a sar has been sent to MBNA and Argos (i noticed the sar requests a lot more info now).

I have sent Cabot a CPR 18 - REQUEST FOR INFORMATION letter special delivery, just so I have all the information or as much as they have :D

As it said in the post, the more info you have the better.

If anyone can advise me what will happen at the hearing or what he will need would be great.

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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  • 2 weeks later...

Hi all, ok this is where i am now upto :) I have sent them a letter CPR 18 Request and they have got back to me. They have sent me the following:-

Statement of Costs and a witness statement of there solicitor, list of actions, i.e. when they made a phone call,

They have failed to provide true copies of any notice assignment,

Document (or deed) of assignment,

I will put some of the documents here, if anyone could advise me it would be great. scan0001.jpg

This is what they are saying is there notice of Assignment. - This cant be right can it????

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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scan0002A.jpg[/img]

scan0003C-1.jpg

The Claimant purchased the debt from mbna on 8th May 2008 by way of legal assignment under section 136 of the property act 1925. The notice of assignment of the debt was created on 14th May 2008 and subsequently sent to the defendant thereafter.

This is what they letter said :(

 

They have also said that they feel the judgement shouldn't be set aside because he didn't get the paper work.

They have put a case forward Akram Vs adam from 2nd April 2004 which the judge ruled that they couldn't set it aside because they had no paperwork :(

Edited by gazhodge1981

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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Forgot to ask, should I send them another letter asking for the information again?

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

This is the post where i got the information for the letter I sent them.

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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Hi There. :)

 

you have left one or 2 personal details on the above post so it may be worth a quick edit..

 

Did your dad get and acknowledge a Notice of assignment from the claimant?

 

And did your dad ever receive a claim form?

 

Spam

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

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Hi Spamalot,

 

He hasnt or ever had a notice of Assignment, In the leter I sent them I asked for it and it was not sent. One of the seasons to set aside is because he never got any court forms so was unable to file a defence because he didnt know about it till the default in judgement arrived which left him shocked. He has also never had a LBA of them even know they have sent 2 so they say but as for proof again they could not supply any. :(

 

PS: thanks for the bid on the personal details, i missed them :D

Edited by gazhodge1981

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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In that case regardless of what they say your dad will have to put them to 'strict proof' that they have done the things they said they have.

 

i.e its up to them to prove your dad received the claim form, notice of assignment etc. so they will have to supply proof of postage and a signature to do that.

 

As long as your dad has not acknowledged anything that they have alleged then there shouldn't be a problem getting a set aside as he has not had the opportunity to submit a defence.

 

It seems to me they are just trying to scare him into dropping the application but my advice would to be to stand firm and go ahead with it.

 

Spam.:)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

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I get the same feeling, The stuff they sent was just off there computer which i could have made up, I have requested proof of postage, Notice of Assignment, Signed agreement. They could produce none of it upon request which is a little sad really as how many people will they do this to :(

My Dad has said he has never had anything off them recorded or sign for, in fact he has only had 6 letters of them, 5 demanding money and one regarding a complaint he made because the auto dialler kept ring his works number which other people answered :( (a bit embarrassing for him).

Thanks for the Advice Spam, Will keep everyone posted.

Just one other thing, should I write to them again asking for the information again or just leave it?

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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Once your dad gets into the Set aside hearing and assuming the judgement gets set aside, the claim will go back to square one and your dad will be able to submit a full defence. He can then ask the judge to order the claimants to produce all the documents.. it is then up to the claimant to comply or give up.

 

I therefore wouldn't worry about asking again at the moment.

 

Spam:)

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They say money talks......mine just keeps saying "Goodbye"

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