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    • https://www.consumeractiongroup.co.uk/topic/408156-cabotnolans-spc-claim-old-next-cat-debtclaim-dismissed/page/4/#comments https://www.consumeractiongroup.co.uk/topic/404240-arrowshoos-spc-old-newday-aqua-credit-card-debt-claim-dismissed-no-dn/page/4/#comments default notice win  https://www.consumeractiongroup.co.uk/topic/407490-meiii-cabotnolans-spc-claim-old-yorkshire-bank-loan-2nd-claim-dismissed/  
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    • With regard to your question on post 207 if you bring in the points that I made on the validity of the contract they are supposed to have with Peel holdings then mention that there are already doubts about the validity of the contracts that are being used by the PPCs and the OPS is a classic example. Once you are on there you should then try and get your other point in after that.   if it is in connection with the extra charge of £60 remind the Judge that the charge has been defined by many Court across England that the charge is an abuse of process which was covered in PE v Beavis at point 198    " The charge has to be and is set at a level which enables managers to recover the costs of operating the scheme"  IE the £100 charge covers all their expenses so nothing should be added.   as their WS claims an extra £60 that could be judged as perjurious since it is an additional sum that should be known by VCS and the author of the WS as a double recovery. Especially as they have already lost in Court for the same reason.   Another cause to prove that they do not comply with their Code of Conduct. file:///C:/Users/User/Downloads/CamScanner%2008-05-2020%2016.34.59.pdf  Byelaws are statutory not arbitrary as their WS said on no .42 .   Best of Luck.   The above URL does not work but this one does http://forums.National Consumer Service.com/index.php?showtopic=133001    [20.1 is where  VCS  lost then 20.2 where they appealed and lost again . But read the whole thread as it may help you in other ways too.
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    • stop doing nolans job for them... there are numerous threads here in the same forum yours is in     no DN info to follow   dx    
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      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Smart/CST ANPR PCN PAPLOC - Airport Pub, Manchester - LBA - ***THEN CANCELLED BY SMART***


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CST law are just a new kid on the block

use our search top right 

 

BW PCN snotty letter ericsbrother

 

dx

  • 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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As the others say, you need to reply to a Letter Before Claim as it's a formal notice of intention to start legal proceedings.  You need to show them you've sussed their claim is pants and they would have a real battle on in court.

 

You can either ridicule their claim as it is ...

 

... or else name the driver. 

 

If he was in the UK they would then leave you in peace and hassle the BiL.

 

However, as he's in Italy there is very little they can do to him (I know, I live in Italy too!) so, as dx hints, they are likely to try to invent some stupid reason to continue hassling you.  It'll be "too late" to name the driver.  Or they "are unable" to accept an address in Italy as they can't work out how to use the Royal Mail site and buy the correct postage stamp.  Or some such rubbish.

 

You need to decide about the BiL.

 

 

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EB style snotty letter probably best bet at the moment.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • dx100uk changed the title to Smart/CST ANPR PCN PAPLOC - Airport Pub, Manchester.

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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The forum is pretty sussed about legal procedure, tactics to take on the fleecers, etc.  But when it comes to internal family matters it's up to the family members to decide!

 

If the keeper of the vehicle tells the PPC the identity of the driver, then the PPC will usually leave the keeper in peace and then hassle the driver.  Do you want to put your brother in this position?

 

It's also to be considered that the idiots would probably not accept an Italian address and would probably still harass your OH although they're not supposed to.

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

 

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I'm not to bothered about the grief they would give us, it's easier to deal with knowing they can't do anything, tad used to it now.

 

If a letter to them now can also deal with it without naming the BIL, then that would be good to. The OH has said she doesn't want to go anywhere near a court as that is not her thing, so need to avoid that too. Obviously she shouldn't need to go through that as she wasn't driving.

 

 

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OK, then use the letter dx mentions in post 34 as your starting point.  It obviously needs to be tweaked and bits cut out that are different from your case.  I would also add:

 

"Your clients know full well I was not the driver, so as I was nowhere near the Airport Pub I couldn't enter into any contract with your clients, even someone with GCSE grade 1 in law could work that out.  No keeper liability has been established and to boot the signage is a prohibition.

 

I'm sure you read DDJ Harvey's judgement in Lewes on 24 April.  Not very happy with the Unicorn Food Tax companies like your clients make up, was he?

 

Your clients can either drop this foolishness now or get a good hiding in court, both are fine by me.  A juicy unreasonable costs order under CPR27.14(2)(g) would do nicely to finance my winter holiday.

 

COPIED TO SMART PARKING"

 

Put the ideas together then please put up a draft of what you propose to send.

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Question about the letter below... How is the LBC they sent shoddy or badly put together? Did they miss something? Just so I know what I am writing about! :)  I added the bit about 'keeper liability section 9' which I found on another thread about Smart parking. Is that relevant?

 

Thanks all.

 

----------------------------------------

 

Dear CST Law,

 

I am in receipt of your letter dated the 22nd September 2020 and have noted its contents. 

 

Unfortunately for you I cannot accept this shoddily thrown together piece of tripe to be a LBC as it fails miserably to come anywhere near a LBC as required under the revised Civil Procedure Regulations and so would expect a court to summarily dismiss any claim later made by you or your client on that basis.

 

Your clients know full well that I was not the driver, so as I was not at the Airport Pub I couldn't enter into any contract with your clients, even someone with GCSE grade 1 in law could work that out.  No keeper liability has been established and to boot the signage is a prohibition.

 

You have also failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

 

So, to make sure that there is no misunderstanding, I deny that any monies are owed to your client by myself as there is precedent case law that your clients' greed has blinded them to.

 

Even the British Parking Association have given in and changed their stance. The same applies to the inflated amount of the claim, the POFA and contract law are very clear on this point and again plenty of examples of dismissed claims are in the public domain. 

 

Remember DDJ Harvey at Lewes in May? It would be wise if you took your obligations you signed up to when being entered onto the SRA roll and advised your clients it is not in their interests to continue with this matter as they have no cause for action and I shall seek a full costs  recovery order under CPR 27.14.2.(g). for any civil claim made under the unreasonableness criteria.

 

Yours Sincerely

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a solicitor cannot issue a LBA on behalf of a DCA

they can only do so on behalf of the PPC.

 

dx

 

  • 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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Looks damn good to me - well done!

 

Just three little tweaks.  In the third paragraph cut out "No keeper liability has been established and" as you deal with keeper liability and POFA in the next paragraph.

 

Also cut out the bit about the British Parking Association.  That was connected to inputting an incorrect registration number and doesn't apply to your OH's case.

 

Tack on the bit about DDJ Harvey to the end of the previous paragraph, all that has to do with invented charges the fleecers have made up.

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Many thanks FTMDave. I have made the changes as you suggested.

 

I'll get that off to CST after the weekend. Should I send a copy to Smart/DRP too?

 

Thanks again.

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Don't send to DRP as they're just a powerless third party.

 

Personally I would send to Smart though, and I'd write on the bottom of CST Law's copy "Copied to Smart Parking".  That is because all this thieving is not just limited to PPCs against motorists, unscrupulous solicitors love their clients to start court cases they have no hope of winning, after after it's all cash for the solicitors.  Let Smart know if they go to court they'll end up severely out of pocket.

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We could do with some help from you.

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

 

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  • 2 weeks later...
  • FTMDave changed the title to Smart/CST ANPR PCN PAPLOC - Airport Pub, Manchester - LBA - ***THEN CANCELLED BY SMART***

Well done on your victory!  👏

 

You must have taken Smart's hair off with your reply to the LBA!  Although they often crawl back under their stone after a suitable snotty reply to an LBA, they never admit to having given up and in theory can resurrect the claim any time within the next six years.

 

But not with you, compliments on forcing them to formally give in.

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Excellent, NotsoSmart fail again😃

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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

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Interesting that Smart (and the other PPCs) always say they "can't" cancel a PCN once the deadline for their appeals procedure has passed.

 

Yet they were magically able to cancel this one.

 

Couldn't have been the prospect of a financial kicking in court by any chance, could it?  😉

 

 

  • Haha 1

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

 

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

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