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    • as you mention the bpa sounds like its a scummy private car park lot blue badges mean nothing on private land anyway.............. so a failure to display something that is meaningless on private land anyway is a money grabbing scam moved to the private parking forum dx dx
    • who is it from  a council or a private parking company?
    • As per the heading, received a parking charge for failure to display a blue badge in a disabled bay on a retail park.  I am a blue badge holder, disabled/wheelchair user with a Motability vehicle. I received the charge as 'notice to keeper' I was not the driver. I don't have a valid driving license so use a carer. The notice arrived a week after the alleged incident. It states that as the 'driver' failed to pay the charge in full  hence, it is now the keepers responsibility ( the notice was dated 2 days after the alleged infringement and as no notice to driver was on the vehicle, I don't know how they expect the driver to be able to either pay or dispute the charge if they are not aware of it) Anyway, really looking for help how to reply. I cannot remember if the badge was correctly displayed or not. Photos taken of car miss a bit where I store my badge if not displayed so it would be possible to see a badge even if not 'correctly displayed" . It was a bit of a sh**ty day weather wise, gusty and raining  (as seen on the photos which reminded me of the actual day) so it is possible that badge blew to the floor as the driver was helping me out of the car into wheelchair. There is no windscreen photo showing that a PCN to "Driver" was stuck on the window either. The car park is free. There are no Parking Signs at all near the disabled bays that one could read to adhere to any terms and conditions. The whole row of disabled bays - of which are there many only state badge holders ( does not stipulate Blue Badge Holders) The notice states that the parking company is a member of the BPA and Operating in accordance with the British Parking Association's Code of Practice. The BPA, section 19.1 State that at least one parking sign should be near the disabled bays, in a position that can be easily  read by by a disabled person without leaving their car in order to decide to be bound by such terms. We returned to look for signage on the retail park and could not find one sign that was near the bays. The only sign we could find was high up on a pole but not near the bays. Someone had to get out of the car and stand on tip toes to be able to take a photo of a sign. I would be grateful if someone could help or point me in the right direction. It is now  15 days since the alleged incident and 7 days since I received the notice.
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Cabot, they are claiming arrears BUT l have a DN


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Hi

 

I have been reading a lot about Cabot and their tactics, which seems to revolve around the caliming of arrears. I have had this whole issue with them and I am going to court soon.

 

I have just found a valid DN issued by Goldfish,, which says that I owe no arrears?

 

It was among some other papers. I have sent it to Cabot,,what can they do now.

 

It is a an old Morgan Stanley account,,they have nothing and after nearly six months have never produced anything, despite the SAR being sent several times.

 

The DN also doesn't give a date to issue a remedy by, just says 28 days from the date of this letter?

 

Also it says about breaching a section B of my agreement,,Cabot have sent me an app form with invalid T and Cs, there is no section B on it at all?

 

Any ideas?

 

Thanks :confused:

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Hi

 

What does anyone think about this,,Cabot only issued me with an unexecuted app form that has some terms attached to the bottom?

 

The tand cs they have given me are for after the date of my application, back in 2000

 

Thanks

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Hi

 

I did that, it is going to court soon, just wondered what people think. I have sent htem the DN as l have it.

 

They have already said that they are claiming arrears,,DN says there are none?

 

Shammy

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Hi

 

It is going to court on the basis that they have an agreement. What they have is an app form that is illegible and they have added to the bottom of it the PT. The T and Cs are for a date after the agreement.

 

I have had lots of information from them and they were told that they needed to supply DN, TN and legible copies of docs. they have done none of it.

 

Got their WS and it says on 1 line near the bottom that they are claiming the arrears? This is their usual tactic it would appear. the arrears are the same as the total amount payable?

 

I have found a DN from Goldfish, supplied back in Jan 2008, which I replied to once I relaised that it was an MSDW account, cause l didn't know it had changed? I CCA'd Goldfish and then eventually get a 'welcome' pack from Cabot, a couple of months later.

 

It took them a year to supply the app form, that clearly has app form on it.

 

The Goldfish DN says that I owe no arrears? Gives no amount owed and gives 28 days to reply, not the standard reply by date, it is totally invlaid.

 

I found it by sheer chance on Sunday,,at the time that this happened I had lots of family issues to deal with and just put it in a drawer at work.

 

I have sent it them by Special Delivery as it somewhat shoots their case down as they cannot claim arrears that don't exsist. As usual Cabot have no original docs, but l have all of mine and some of theirs. They have sent me three different types of the same form as well as docs for someone else?

 

Did l do the right thing?

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I am in court with them this week for the same thing, I do not want to put details on here incase they see my post. I have done some research into what they have sent me, and come up with some startling discoveries.

 

Shammy, if you want to PM me your details I will discuss my findings with you.

Vodafone - Default removed (07/01/07).

MBNA - Claim settled with contractual interest and adjusted credit file to show no late payments (12/02/07).

CABOT - Taken to Court by Cabot/Morgan over alleged credit card debt, case dismissed (06/12/10).

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Hi

 

What does anyone think about this,,Cabot only issued me with an unexecuted app form that has some terms attached to the bottom?

 

The tand cs they have given me are for after the date of my application, back in 2000

 

Thanks

 

Quite often, credit card companies in particular do not appear to keep copies of the executed agreements but rely on the 1983 regulations allowing them to 'reconstruct' the agreement. If a case based on such an agreement comes to Court, I, the defence will point out strongly the requirement of the Civil Procedure Rules (CPR). Paragraph 7.3 of Practice Direction 16 says

7.3 Where a claim is based upon a written agreement:

 

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing.

 

Another Practice Direction says that a copy of the contract document does not need to be attached if the claim is made via MCOL. However, the requirement to produce the original in court is still valid.

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