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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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UKPC ltd/DCB(L) 2015 ANPR PCN PAPLOC Now Claimform - Valley Retail Park, Hesterman Way, Croydon ***Claim Discontinued***


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Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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Where the hell has this £80.92 come from?  Interest?

 

What is it you would like us to delete? 

We could do with some help from you.

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questionnaire trimmed as that was the credit sticky no the shorter PPC pcn one filled out.

the £82 is court 8% int from date of PCN till today raising at 0.02 per day  

 

pop up on the MCOL website detailed on the claimform

.

register as an individual on the Gov't Gateway Site
Go to HMRC's login page.


Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...


You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 

then log in to the MCOL Website

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

 

you do not need to SAR CPR will suffice send it as is.

.

get a CPR 31:14 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim


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.

………….
 

 

 

  • Thanks 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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Hi. Thanks all for your responses.  I just wanted the bit about our personal situation deleted if poss. I was just wanting to explain to you guys so that you didn’t think I was ignoring advice. 
 

I will do what has been suggested. If I get stuck I will come back as soon as possible to ask for help. I will get it done this weekend. 
 

can I just confirm that the CPR goes to DCB legal?  Thanks

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OK, I've edited your post as requested.

 

On the claimform there should be an address for serving documents, which I presume is DCB Legal.

 

As dx says, the CPR request will do the work of the SAR.

 

 

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The section 69 8% interest must be challenged in your defence its not acceptable to charge 5 years interest just because they have delayed issuing a claim for 5 years...that's classed as racketeering. The norm is and restricted to is 12 months at the most.

 

Andy.

 

 

 

  • Like 1
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We could do with some help from you.

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  • 2 weeks later...

Hi

 

This is where Im up to on the mcol pages.  Shall I just exit now and not do anything else.  I followed the instructions that I was given by CAG.

 

If my daughter loses this case, what is the likelihood of the amount being reduced to £100 as suggested previously?  My daughter will be devastated by a CCJ.  She's working hard to qualify for her future career and wants to be able to get a mortgage one day.  This seems so unfair.

I will do the CPR in the morning as I'm too tired now.  I don't see how this can be defended if nobody knows anything about it.  Whoever was in the car has not owned up to it.  They still haven't sent a copy of the NTK or the letters apparently sent by UKPC when this occurred.

 

I also noticed that DCBL sent out a whole bundle of these little poison arrows on the same day as people have been mentioning them on the facebook parking invoice pages.  They're very busy it seems.  And many of them are as old as our one and from UKPC and others.

 

thanks

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looks like you've done AOS 

so thats that bit.

cpr ASAP - it should have gone out WEEKS ago as you knew about the claim on  – 24/11/21

though they probably wont bother till WS stage.

 

make sure you research PCN Claimform threads 

 

and as this is not you in court, it might help you to read hobtails thread.

 

 

 

the defence will be almost the same i expect but

thats not due till xmas eve, but i'd file it by 4pm 23rd

 

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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51 minutes ago, EveOwes said:

I will do the CPR in the morning as I'm too tired now.  I don't see how this can be defended if nobody knows anything about it. 

You won't like me saying this, but the reason "nobody knows anything about it" is because you threw the original paperwork away, didn't SAR the company and still haven't sent the CPR.

 

It really is up to you.  We can help you beat the fleecers but if you constantly don't do what the site advises then you had better get used to the idea of getting hammered in court.  Your choice.

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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and the OP is not the one in court...

  • 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 weeks later...

Hi. Happy Christmas. I’ve just realised that the defence to this court case needs to be put in by 26/12 I think (33 days from 24/11)

 

if anyone has a few mins to spare can you tell me whether the defence of not being aware of it counts. As in we haven’t seen a ticket and no knowledge of a notice to keeper.  We only received a couple of letters from DCBL this year - 5 years after the event.  We cannot identify who might have been driving the car at the time. Is this a reasonable defence? It is the truth. 
 

I think DCB Legal were hoping to win cases by default because of the Xmas holiday and distraction. 
 

im sorry but I almost forgot about it too so any advice at all would be appreciated. Nothing back yet on CPR. 

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I think you have extra time due to Bank Holidays, but it's best to err on the side of caution, so, OK, file tomorrow.

 

Simply file our generic defence which can later be fleshed out, plus the point that Andyorch brought up in post 51 -

 

The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1.  The Defendant is the recorded keeper of [motor vehicle].

 

2.  It is denied that the Defendant entered into a contract with the Claimant.

 

3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim. 

 

4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

 

5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 

 

6.  The Claimant's invoice/PCN was issued more than five and a half years ago and it is unreasonable for the Claimant to delay litigation and claim nearly six years' interest.

 

7.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

We could do with some help from you.

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27th by 4pm you have 1 extra day.

 

 

  • Thanks 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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I don’t believe this. My laptop is being repaired so I used a different one to login. But I had to mess around with passwords etc. 
anyway I’m in Mcol and entered the claim number and password but system is saying they’re incorrect. 
I feel like screaming tbh

i think it thinks I’m me and not the defendant. 

Edited by EveOwes
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wont be anything to do with the device.

mcol often has hissy fits.

 

MCOL is only one way of responding to a claim. 
(AOS, DEFENCE, N180 ETC)
.
If you are having problems logging in, or would prefer not to use MCOL
you can fax, email or post your response to the Court instead. 

If you send your response by e mail 
please send it to [email protected] 

ensure you quote “Claim number xxx xxx (type of response i'e AOS , Defence, N180)” in the subject field. 

  • Like 1
  • Thanks 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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just copy and paste your defence into an email and do the subject header as advised above

 

you are a litigant in person and have certain leeway and its the xmas/new year holiday period.

 

 

  • Thanks 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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Quote

 Didn’t do a N180 though. I will do one and send it as well. 

 

Your not at that stage yet...the court will send you a blank DQ should the claimant wish to proceed.....if the claim is stayed there is no requirement to submit a DQ or allocate the claim.

 

Andy

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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 OTHER

 

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

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Sorry to hear about your illness.  I hope the symptoms are not too bad.

 

If you're able to answer, two questions.

 

1.  How long have the fleecers had to reply to the CPR request?

 

2.  Is your daughter infected too?  Or can she work on this and go to the post office?

We could do with some help from you.

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Thanks. The whole family got ill. I ended up in hospital briefly but getting better now. I need to go to the post office tomorrow anyways. 
 

I sent the CPR a few weeks ago but can’t remember the exact date. I do have the proof… yes sent on 15/12

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OK, no rush then, especially with it being Christmas/New Year.

 

My thinking is to SAR the fleecers if they don't reply to the CPR say by the end of the month.

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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

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  • 3 weeks later...
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