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    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
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OBS PCN CCJ/Judgement - set aside now rehearing


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Your defence doesn't need to be very long, that's for later when you do a witness statement [WS].

 

Start by looking through the Successes forum on the parking forum, either OBS cases or court claims with similar circumstances to you. Post up what you plan to send and we can check it for you. :)

 

HB

Illegitimi non carborundum

 

 

 

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Some of the stuff prepared earlier.  Pictures of signage at entrance and on site uploaded as PDF would help see what contract they aver they are offering that you or the driver breached.

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Aftenoon all,

received my set aside paper today, 

 

could someone outline what happens following after my defence goes in, so I know where this is all going..

The court letter, a General Form of Judgment Order states:

 

IT IS ORDERED THAT

Judgement be set aside on condition that the Defendant files his defence by 4pm...

 

As suggested I tried searching for winning cases on here and have read lots of other good information, but maybe I'm not using the right search terms, as navigating the site and finding case studies relevant to filing a defence and winning it is not proving easy. 

 

I think I need the basics, how much to actually write, (or a couple of links to follow), as I spent all day Thursday and Friday researching the BPA POFA etc then speaking to the council and ICO, along with hours writing reams in my defence as I thought that's what was necessary.

 

I assumed I had to write a full on defence right now, but I can see HB's post above saying only a few points are needed.  Isn't the aim to show OBS my defence now so they drop the case?  

 

I know you regulars on here are so used to the system it's easy, however I feel totally lost in all this and almost called a solicitor yesterday as I'm spending far too much time on it.

 

Although I also have the feeling a solicitor would be a waste of money at this stage and may not be necessary at all with your help. I have no intention of losing this now.

I think I have more than enough written now, so once I know what I am doing I can complete it today.

 

 

Also, can someone tell me what happens after the court and OBS receive my defence? 

Will the judge make any decisions based on the defence I send in? 

What are the possible outcomes after OBS and The Court receive my defence, what happens next?

 

*Is my defence simply some basic points explaining why I believe the Claim is invalid, without elaboration?

* Do I need to include photos with my defence now?

 

*I intend to use the total lack of signage as a major part of my defence, (not seeing any contracts, therefore not agreeing to, nor being being bound by any terms etc) and will upload some photos in a moment, to highlight my reason for this and to see what you think.

 

Cheers

 

 

  

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*Is my defence simply some basic points explaining why I beleive the Claim is invalid, without elaboration?

 

Yes. Your defence should be a few points to counter their POCs.

 

Here's a link to the Successes forum with cases where people have defeated the parking companies before or after court.

 

We recommend that people read other threads because if you do end up in court against OBS, we can't be there and you need to understand how it all works.

 

HB

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Illegitimi non carborundum

 

 

 

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Hi Everyone, "find the sign competition" :0)

 

Look at this attached photo and tell me if you think it complies with any parking codes of conduct.

 

The picture is a full 180 degree, wall to wall, panoramic photo of one side of the carpark, taken from the disabled slots directly outside Homebase managed by OBS. 

 

Zoom in and track from left to right looking for the signs.

 

Do you think the signage complies with the BPA code of conduct which is:

 

28.3 Specific parking terms signage tells drivers what your terms and conditions are, including your parking charges.
 

You must place signs containing the specific parking terms throughout the site, so that drivers are given the
chance to read them at the time of parking or leaving their vehicle.

Keep a record of where all the signs are.

 

Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read
and understand. 

 

902881159_PanoramicViewOfEntireCarparkTakenFromHomeBaseDisabledParkingSpace.thumb.JPG.25e4160bff74b340c91fc5927d6fd560.JPG

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you wont be going into very much detail in the defence 

 

it will be the std 3 -5 line defence that you'll find in most PCN claimform threads here.

 

everything else will be for you witness statement IF they progress the claim that far.

 

 

 

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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Thanks Dx:

 Does it include adding photos?

What do you think of the picture in my previous post?

 

Ps, I understand the need to read around to gain the knowledge, I'm certain as I had not done so, I wouldn't have done so well with the SetAside, it's just finding the info, HB sent a link and I wil be on the case when I get back.  

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nope no photo's needed

 

you resit everything back to as if you'd just received the claimform:

 

your (their) POC is...

Particulars of Claim:

1.The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle ( ) at St Johns Retail Park

 

2. The PCN details are 20/08/2015,

 

3. The PCN(s) was issued on private land owned or managed by C.

The vehicle was parked in breach of the Terms on C's signs (the Contract), thus incurring the PCN(s) .

 

4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. 

 

5.Despite requests, the PCN(s) is outstanding.

 

6.The Contract entitles C to damages.

 

7.AND THE CLAIMANT CLAIMS

1. £160 being the total of the PCN(s) and damages.

2. Interest at a rate of 8% per annum,  pursuant to s.69 of the county Courts Act 1984 from the date hereof at a daily rate of £0.04 until judgment or sooner payment.

3. Costs and court fees

 

...................

 

so a quick search reveals this thread and its defence reply within it.

 

you will also notice the POC is the same as your

doesn't actually mention WHAT the defendant did that was wrong against contract terms.

 

 

 

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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Hi everyone.

If DCB Legal fail to pay my Costs before the courts deadline on Monday, will the court send them letters or do I have to chase the debt myself? If the latter, can I send them demand letters at £88 a time, the same way they did to me, and then instruct debt collectors, I do know some people who collect debts.  

 

I did recieve an email from DCB L asking for my bank details, to which I replied asking them to send me a cheque. That was 7 days ago and I haven't heard from them since. Should I email them again to remind them, or leave it and just tell the court they have failed to pay?

 

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The BPA Code Of Malpractice states, use of the word 'FINE' is a 'misrepresentation of authority', several signs in OBS managed carpark state "A fine will apply if exceeded" see photo attached.  How do you think this can be used in my defence?

 

Have been away, so will be dedicating this weekend to filing my defence and hope to have something on here for your recommendatio1648371994_obssignwithafine.thumb.jpg.59e73f8cac959f0353d1129848fc0c69.jpgns later. 

 

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it will form part of your Witness statement if it gets that far.

 

 

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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In a WS when/if the time comes it would be stated that as a Civil Organisation it cannot impose a Fine only magistrates or Crown Court etc in a Criminal jurisdiction can impose a Fine

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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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Hi everyone.

DCB L haven't returned my costs yet, I have to decide on what to do about this tonight, any thoughts?

 

I recieved an email from DCB L asking for my bank details and I replied asking them to send me a cheque, but that was 7 days ago and I haven't heard from them since. Should I email them again to remind them, or leave it and just tell the court they have failed to pay?

If DCB Legal fail to pay my Costs before the courts deadline, will the court send them letters or do I have to chase the debt myself? 

 

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  • dx100uk changed the title to OBS PCN CCJ/Judgement - set aside now rehearing

chase dcbl

if they exceed the court deadline - you inform the court.

 

 

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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Quote

If DCB Legal fail to pay my Costs before the courts deadline, will the court send them letters or do I have to chase the debt myself? 

 

 

You have to chase it...the court cant do anything at this stage but as the claim proceeds and if their claim is dismissed or they succeed the court could award you a Costs Order. if they have not paid in the meantime. A final costs order is one made at a final hearing or trial and is intended to deal conclusively with who should be paying the costs.Costs are payable within 14 days of the order, unless stated otherwise.

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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