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    • Hello, welcome to CAG. As you say, appealing this ticket doesn't help as these people hardly ever accept appeals. They don't care how difficult someone's life is, they just want the money. The forum guys should be along later with thoughts for you on how to deal with this. Best, HB
    • I have received an email in the last 10 minutes 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024  It also includes a "Notice of Hearing" stating that the application hearing will take place on 13th June at 10.00am.  Confused as to whether I need to attend this ?
    • I've received this notice to keeper. I work for the NHS and was delayed due to patient care. I park here regular and and have never had any issues. I've looked at the evidence on the portal and other than showing that i entered at 12.59.33 and departed at 17:14:14 it doesn't state how long i overstayed for. I paid for 4 hours parking over the phone which i wont have done till i got parked but as its over the phone i have no receipt or record but it is not possible for me to have been in excess of 15mins from the photos alone but I'm unsure having read other threads whether grace periods are 10 or 15 minutes. I havent appealed yet but and was about to but in appealing i'm showing i'm the driver which i gather is something you state we must never do. I don't like confrontation but £60 seems extortionate. Hope you can help. 🤞 1 Date of the infringement 30th May 2024 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 30th May 2024 [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s 3 Date received 5th June 2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No reference to schedule 4 just says"...we the creditor reserve the right to recover unpaid parking charges from the registered keeper in accordance with POFA 2012." 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up NA 7 Who is the parking company? Carpark securities 8. Where exactly [carpark name and town] Northgate, Halifax Former Dews Car Park HX1 1XJ For either option, does it say which appeals body they operate under. IAS There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   Notice to Keeper.pdf
    • It never seems to amaze me how the chuckleheads think that No Stopping can ever offer a contract when it is prohibitory. In any case you did not accept the contract by entering the land, you entered the land to get to the airport for goodness sake. In most car parks there is a Consideration period that allows motorists to decide whether they want to stay in the car park . Here on a road, there is no consideration period and whether the motorist finds the terms agreeable or not even assuming that they are able to understand that they are being hoodwinked into believing they are being offered a  contract they cannot turn back. They have a plane to catch and even if they did turn back because they didn't accept the  No Stopping term of   the so called contract they would still have had to stop to turn around. Plus there is a question of Frustration of Contract. You had to stop at a pedestrian crossing .    
    • Just a couple paragraphs their WS that it might be useful to refer to specifically in the OP's WS... Para 6 A contract was formed with "the driver" of the vehicle. Para 8 "The driver" accepted the contract. (The "driver" is not named, or identified anywhere in the WS). Para 7 WHY would there ever be a "no stopping" restriction in a car park? (In Para 10, they specify that it is a "car park"). Para 11 "The Defendant" became liable." Again, they have not shown that the Defendant was "the driver", simply the keeper. Para 20 "It is a matter of agreement"? Not really sure what they're trying to say here...
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Arrow Global / Shoosmiths returned my SAR


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I could do with a bit of advice.....

 

An old 2007 disputed debt has reared its ugly head. Shoosmiths are the Sols acting on behalf of Arrow Global, Arrow Global have 'alledgely' purchased this debt and sent notice of assignemnt albeit no documents ever recevied.

 

To go into the history of this will take an age....so briefly, on 15.9.11 i sent a full SAR request to Shoosmiths as they are the ones in correspondance with me. On the 19.5.11, through Shoomsiths, i received a CC summons, the Claimant being Arrow Global. I filed my AOS on 20.9.11 but dont intend to issue my defence just yet. The cheeky buggers AG not Shoosmiths write to me on 22.9.11 (two days after filing AOS) sending back my cheque of £10.00 and saying that it should be made payable to AG not Shoosmiths?? and that my request of 15.9.11 is no longer valid.

 

By sending it back and saying its not valid means i cannot say in my defence that the SAR was issued before the CC claim was recevied? and if i resend a new SAR and cheque it cannot be used in my defence as it was done after i filed my AOS?

 

Can i just send the cheque back saying poke it, it is valid regardless of who i sent it to, after all Shoomsiths are acting on bahalf of them?

 

Also AG have blatantly lied about when they recevied the SAR, i have the signature from the Special Delivery saying it was signed for 16.9.11 at 7.36 am yet AG state Shoosmiths did not recevie it untill the 21.9.11? Funny they recevie a letter, compile a response and post it out to me in the same day...i dont think so!

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A SAR should always go to the

Original Creditor, Shoosmiths obviously

cannot accept your payment.

Also Arrow would be within their rights

to return it as well so send it to the ORIGINAL

CREDITOR, which is?????

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RBS are the original creditor, but Arrow Global are the Claimant they have insisted that they have purchased this alleged and debt and issued a NOA and have a right to sue me., however, I have not recevied any formal documents from AG or Shoosmiths apart from the CC claim hence why i sent them SAR.

 

I cannot properly defend this claim unless i have all the historical information. Should i SAR all three of them, RBS, Shoosmiths and AG?

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NO just RBS, when debts are sold it

is with the absolute minimum of information

the DCA and the debt purchase company

will not have the data you require.

Brig.

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Thank you.

 

So im assuming an SAR to RBS wont help as its Arrow Global who are suing me and i need to get them to prove the particulars of thier claim, if i cant SAR them and they have ignored previous requests how do i go about getting this is alledged paperwork to defend my claim?

 

Thanks

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The SAR goes to the original creditor,

who will have all the historic data

regarding the debt.

You get the information from the SAR,

it's been refused because you have sent

it to the WRONG company.

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Thank you i realise now that i sent it to the wrong company, however, in the meantime how do i get Arrow Global to provide copies of the documents that they alledge to have already issued. Will this come as a result of the SAR that i will now send to RBS or are AG responsible for sending copies of thier own paperwork?

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All should be included in the SAR

except a copy of the agreement

which is covered by the Consumer

Credit Act 1974, sect. 77/78.

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If you want to defend the claim

YOU need the information to be

able to see how it stands up against

their claim, otherwise how are you

going to defend.

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Ok that now makes sense, RBS should be able to provide everything to back up this Arrow Global claim including Arrow Globals Notice of Assignment? after all unless AG can prove they own this debt they have no grounds on which to bring this claim. I note your comment about the Credit Agreement, this was requested back in 2007 but never supplied, however, i have been told that the SAR should contain a copy of the credit agreement also. For under the CCA 1974 certain information is allowed to be removed but under a Data Protection Request it is not, it has to be the full, true copy

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If you want to defend the claim

YOU need the information to be

able to see how it stands up against

their claim, otherwise how are you

going to defend.

 

Exactly, thats why im trying to establish who i am supposed write to to get the back up to AG's claim.

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There is no obligation with

a SAR to provide the agreement

2 separate pieces of legislation

CCA 1974, Data Protection Act,

some creditors may provide

an agreement others will point

you to CCA '74.

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I have had nothing from RBS, Shoosmiths or Arrow Global to back up that Arrow Global have:-

1. the right to issue a claim

2. that there is actually a valid credit agreement in place that can be enforced, and if there is they have not issued a default notice which needs to come before enforcement

 

I will write to all of them asking for information, they will need to provide what they have at some point for the purposes of the court bundle. If they dont respond or provide the information i guess it will either get stayed or i see them in court

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If you want the information from

all of them you will need to SAR

ALL of them with the £10.00 Statutory

Fee, they then have 40 days to comply.

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Am i allowed to submit an SAR to the original creditor after my acknowledgement of service but before the final defence submission date? Im asking this because i know that once the defence is submitted i cannot go back and add to it, but what happens if i dont get the information required in time for the defence submission date, can i request it to be stayed?

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If you want the information from

all of them you will need to SAR

ALL of them with the £10.00 Statutory

Fee, they then have 40 days to comply.

 

Thats not a problem i will SAR whoever i need to.

 

This more principal than money, in 2007 i exercised my rights and they have all ignored me ever since...untill now

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Fine!!! You Can SAR absolutely any

organisation, company, authority you

may wish to as long as you pay the stat fee.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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