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    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . 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 [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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jonnyboy123

PCN for parking in residents bay on bank holiday

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Dear All,

 

This is my first ever post on the forum and hopefully someone can help me.

 

In August I parked in a residents' bay on a bank holiday. The sign said Mon-Sat 0800-1600. I thought Sunday restrictions would apply on a bank holiday so I could park there. The pay and display bays on the same street are Mon-Sat 0800-1600 and do not charge on a Bank Holiday. I am now appealing to the adjudicator. Any tips on how to make my case?

 

I am also trying to find a electronic copy of the relevant TRO.

It's called Birmingham City Council (Jewellery Quarter Birmingham)(Controlled Parking Zone) order 2011.

I can't find it anywhere!

 

Also is there ever in joy in arguing that the council did not fully consider my original representations so they committed a procedural impropriety?

 

Thanks a lot.

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Hello and welcome to CAG.

 

The guys may ask you for a photo of the sign, are you likely to be able to do that please? They should be along later.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Won't let me post a picture as I haven't had ten posts yet!

Edited by jonnyboy123

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So far as the adjudicator is concerned, you don't at present have a case. The sign said one thing, you assumed wrongly, another. It's not your fault, but you just didn't assume the right way.

 

There is sometimes joy in arguing the council did not fully consider original representations. Can you give some more details?

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The extra detail is that I am actually a resident but had not yet received my permit as I had only recently moved in. In my representations to them I argued that they should let me off because of this.

 

In their reply they did not make reference to this part of my representations.

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They would be unlikely to cancel the PCN on those grounds, but they should have responded to it. It's more of a technical challange than anything else, but if you want to take it all the way and have a hearing, you can. You might get lucky.

 

Have you tried asking the council for the TRO? They should be able to provide you with a copy.

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OK I now have the TRO. The wording relating to the Residents bays is as follows

 

Where a part of a Road shown on the On-Street plans is identified as a Permit Parking Place, then subject to the provisions of this Order, no person shall except upon the directions of a police constable in uniform or a Traffic Warden or with the permission of an Authorised Person, cause or permit any vehicle to wait in the Permit Parking Place unless:

 

a) it is a passenger vehicle, a goods vehicle not exceeding 5 tonnes maximum gross wight or a solo motor cycle; and

 

b) the vehicle is displaying a valid permit in the relevant position and that permit is so displayed for the whole time that the vehicle remains in the permit parking place

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Could I argue that since the term 'wait' is used it is invalid, since I was parked and not waiting at all?

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"Wait" is the term always used for what you or I would call parking. It's standard jargon.

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Ok thanks. The hearing is next week. It's quite exciting actually.

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