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    • Where was the help for the environment, social care, renters, and to cover the future costs of Covid? View the full article
    • Hi All, I have received a parking ticket as RK (thats registered keeper right?) for overstaying by 16 mins in a well known wholesalers car park in Liverpool. I read some very confusing (and sometimes contradictory information on several sites) on how to deal with this. I followed the instructions to firstly challenge the validity of their claim. I wrote to them (no response) and emailed them. I had to guess at the email address becuase they provide only the registered office address or a 'claim line', which if i had contacted them on that, would have been agreeing to their idea of us having a contract in the first place (right?). So i eventually got the admin email and sent it there, stating that i had already written to them with no response. I got a response saying that they do not respond to correspondence at that address and i should either write to them (already did) or contact via the appeals line or appeals email (again with the acknowledgement that its an appeal i need, rather than straight up confirmation). I asked in at the wholesalers customer/ member services in store about the car park ownership and they informed me it was a consistent problem and they didnt know the owner. I have contacted the head office in Herts for the information. (Customer services/ member services/ online services & complaints) for the information regarding ownership of carpark and the contract of agreement between them and the CE parking management with no luck. I received no further correspondence and therefore assumed that they had dropped their spurious claims. They acknowledged my letter with: "Response from representation team -  We refer to your recent correspondance. We accept for you to pay the original reduced sum of £100. The Parking Charge Notice has been passed to a debt recovery agenct. All further enquiries, including payments, must be directed to them. Please follow the instruction on the correspondence you have received." I received nothing else until I receive a Northampton county court business service court claim. The amount is now in the hundreds (£274). I have acknowledged and sent back the form with nothing else written on it. So now i have another week or so to mount my defence. I dont know anyone who speaks 'legalese' and frankly its giving me sleepless nights. Incidentally, at the time of the alleged 'contravention' there was a bout of sudden severe weather which was 'waited out' inside the wholesalers porch by several members and their children because the soft furnishings and electricals (for example) bought in store would have been destroyed by the downpour. Further investigation into the owner of the Civil Enforcement ltd has shown me that they are owned by CCP parking, who are in turn owned by Qa Nominees and are owned by people exposed in the Panama Papers scandal. I am feeling like im a tiny part of a very big scam here, one that DVLA are profiting from. Under advisement, I have written a complaint to the wholesalers complaining about being treated so shoddily as a member. Under advisement, I have also written to CE ltd requesting a Subject Access Request. But I really dont understand the process or what steps to take now.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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      • 33 replies

Cabot/Restons claimform - old Cap one debt***Claim Discontinued***


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Where is says "The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied." Do i put in the amount they are claiming where the x is?

 

 

Thank you so much for your help, i know i have messed this all up. I will send off the CCA request to Cabot in the morning

 

 

Linzi x

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the total they are claiming

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Have you submitted your defence now ?

 

It is for Cabot to provide proof that it isn't.

 

If you receive any communication from them or their solicitor, can you let us know IMMEDIATELY we can then help further.

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Hello citzenB,

Yes I submitted my defence last night, I went the statute barred route.

 

Hopefully they don't have anything to prove it isn't,

 

 

I'm guessing if they told me on the phone it was due to be sb'd in August this is why they have done the claim now.

 

 

I am sure if i did send the £1 payment to them it would have been close to this time from the little bit of paperwork i have,

 

 

so could have just been a tactic they use to try and put people off defending the claim.

 

Thank you for all your help,

 

 

I will let you know as soon as I hear from them.

 

 

Linzi x

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don't forget the CCA request to cabot now

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

restonssbletter_zpsbbc93341.jpg

 

 

Hello i have just received the above letter from Restons and I am not sure what to do. I thought it was up to them to prove it isn't statute barred, not up to me to prove it is? And surely if they had this evidence they would be pushing on with the court case not giving me two weeks to prove why it is SB?

Do I reply? and if i do...what would i say to them? Still not heard back from cabot regarding the CCA yet.

 

Thanks in advance

 

Linzi x

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Hello i have just received the above letter from Restons and I am not sure what to do. I thought it was up to them to prove it isn't statute barred, not up to me to prove it is? And surely if they had this evidence they would be pushing on with the court case not giving me two weeks to prove why it is SB?

Do I reply? and if i do...what would i say to them? Still not heard back from cabot regarding the CCA yet.

 

Thanks in advance

 

Linzi x

 

Ignore Linzi..it is for them to provide evidence to the contrary ...not you.

 

Regards

 

Andy

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usual crap from rectums.

 

 

you cant do that - its not allowed under our rules

how dare you contest one of our speculative claims...

 

 

we were hoping for a default uncontested judgement

like all the rest we get.

this isn't fair..stop upsetting our money making machine

our holidays are coming po and need to be paid for......

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 months later...

Hello all, it has been a long time but after ignoring all their requests for me to prove the account was statute barred,

 

 

the claim has finally been discontinued :wink:

 

 

I had a Notice of Discontinuance today and they are now closing their file.

 

 

I am hoping this means there will be no more claims started against this debt now.

 

 

A big thank you everyone who helped me and I hope this post may help someone else in the future :whoo:

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Excellent news Linzi...delighted that this has been resolved.Check with the court that they have received same.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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haha rectums shafted again

 

 

well done!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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