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    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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Hoist/cohen claimform - old barclaycard debt *** Claim Discontinued****


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On 14/06/2019 at 20:54, barafear799 said:

I'm dealing with similar claim with Hoist and Cohen

Yes I had a read through your thread yesterday. 

 

On 14/06/2019 at 20:32, dx100uk said:

not been reading up in the downtime eh then?

 

its all dca's or their wolves ever do..bluff and intimidate.

To be honest yes but only a little bit, life has a habit of kicking those already down !

 

So should I call the court and see if they have proceeded?

Will give me more time to prepare a defence if so rather than waiting for the post. 

Although I assumed everything was being sorted online ?

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No ...if /when the claimant wishes to proceed the court will send you a Directions Questionnaire N180 (DQ) to complete and submit.

We could do with some help from you.

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you've already [1st may] filed your defence 

so the claim is well stayed now [they had 28days to do 'something'

 

it will cost them £255 to lift the stay now if they want to waste more money..

go enjoy your life.

  • Like 1

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...

well there must have been a backlog

doesn't mean it really going anywhere its just the natural next step initiated by the courts processes.

 

you know what to do...

search N180.

 

  • Like 1

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...
On ‎23‎/‎10‎/‎2019 at 05:45, barafear799 said:

Any progress Spergen?

Yes sorry have had a rough time recently with a family member getting very ill.

 

Went all the way to getting a court letter, assume they paid the court fees? Filed my defence with the court and served Howard Cohen solicitors too

 

Received a letter shortly after stating that Howard Cohen have asked for Small Claims Mediation and would be contacted soon by the courts.

 

Quite a bit of time lapsed so called the Courts direct and they informed me the case has been withdrawn !

 

Assume now that this is the end of it?  But have never received anything in writing.

 

 

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you won.

 

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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  • dx100uk changed the title to Hoist/cohen claimform - old barclaycard debt **WON Disc'd**

Wooohooo is it beer time then ? 😃

 

assume this alleged debt will never raise its head again? 

Or could it be sold on to another blood sucker and have to go though the whole process again?

 

Assume also this thread can be moved to the success section?

 

 

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they rarely sell things on.

 

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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Share on other sites

  • AndyOrch changed the title to Hoist/cohen claimform - old barclaycard debt *** Claim Discontinued****

Big thanks to  barafear799 for pushing for a conclusion otherwise would never have known if our advice was helpful.

 

Well done spergen

 

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 OTHER

 

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

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  • 2 months later...

Just a quick update

 

Although the Court case was withdrawn last October I have just received another letter from Cabot demanding repayment of the alleged debt including the Court/ legal fees from their unsuccessful attempt !  

 

Do these guys ever give up?

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eh>

you sure

very unlikely hoist sell stuff to cabot?

 

 

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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Share on other sites

100% sure I have the letter in front of me.

 

Actualy I didn't even notice it was a different blood sucker,  have double checked and yes my information is correct.

 

So to confirm Hoist took me to court and lost and have just received a letter out of the blue from Cabot demanding the same debt

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did you ever get a notice of discontinuance from hoist or cohen?

or any confirmation from the court?

 

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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can you still get into MCOL?

might say status there

you want a copy and send that to cabot.

 

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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Share on other sites

Yes have logged on but there are no documents pertaining to the case being withdrawn.  Only AOS and defence.

 

There however is a chronological list under the notes section but that only says:-

 

Notification that the claim against you was discontinued was received on 30/07/2019 at 19:08:13

 

Would it be advisable to contact either the Courts or Cohen asking for the document in writing or email?  As I stated earlier have never received anything in writing hence having to call the Courts direct.

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copy of MCOL is good enough

 

here cabot 

chew on this

 

strange no notice of assignment though from either cabot nor hoistdx

 

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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Share on other sites

Would have to PDF a screenshot though as nothing to download would that be ok ?

 

Ha, yes I would love to see their faces but assume the workers are just everyday people on minimum wage that don't give a sh.....t?

 

To be fair I assumed it odd I have not received anything in writing from the courts?  Thought they would send something like this out?

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should fine

obv include say the POC so it ties up with the debt they are chasing.

BC card number will be in the Particulars of claim 

 

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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8 minutes ago, dx100uk said:

should fine

obv include say the POC so it ties up with the debt they are chasing.

BC card number will be in the Particulars of claim 

 

I shall do that tomorrow and send off with proof of posting, do you think I should bother with a short covering letter?

Again thank you for all your amazing help, another donation is on its way later in the month.   Just need to sort the other blood suckers out now from my other thread !

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A Notice of Discontinuance does not stop the debt being chased or reassigned...although they cant add the court fees from the previous failed attempt.

I would send a CCA request to Cabot in response nothing else...dont tip them off at this stage that Hoist tried and failed...if Hoist wasn't sure and discontinued then you can bet Cabot would also fail if they decided to litigate.

 

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 OTHER

 

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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