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    • Hello I am a resident of a communal block of flats owned by a Housing Association and since Tuesday 14th May 2024 Matthews and Tannert had put up scaffolding for a job on the roof last week, which was up for the best part of nine days. They had removed the scaffolding on Thursday 23rd May 2024 but my Sky box is still not working because of the satellite dish outside, and I was wondering whether the scaffolders had touched the dish while it was there and as a result had probably knocked the dish and probably made the dish go out of signal or whatever. I needed someone to check this out as well as to see my Sky box to see what could be the problem, and hopefully sort this out. I have had my Sky Digibox for many years and I have got recordings saved on them that I have had a long time - it would break my heart if I had lost them forever.       I contacted Sky but I almost made the mistake of accepting an offer where I would have to pay £31.50 and wait a whole month without television in my front room for it. I am in debt at the moment and I don't want all this on top of everything else - thankfully I have since cancelled it two weeks later when I told the person on the phone that it is the dish which is at fault as well as the fact that I live in a communal Housing Association property, and so that is one of very few weights off my mind. I emailed the Housing Association's Repairs department and they said that they will contact an electrical company to come out and see to the dish outside. I received a telephone call on Friday 24th May from the man to say that he will arrive on Wednesday 29th May 2024 to do the job. He arrived at around 9.40 am on Wednesday as promised; he went into my flat and had a look at the Sky box and saw the blue screen on my front room TV set, indicating no signal. He also looked outside as to where the dish was.  The main problem was that the ladders that he had with him were not enough to reach the dish outside as the dish was towards the top of the building - obviously the Health and Safety aspect of the job didn't allow him to do this. He then mentioned that whether he could do the job as a result of getting onto the roof and doing it like that as the dish is closer to the top. He said that he needed the key to enter the loft part of the building in order to reach this, and he needed to contact the Housing Officer at the Housing Association who had key to this, but lo and behold, he came on the Wednesday to do the job, and guess what? Wednesday was the Housing Officer's day off and so therefore he was unable to contact him for the key so that he could do the job! I just couldn't believe it myself. I am personally annoyed because this has not been sorted, and the man who came to do this is also annoyed because he came all the way to Nottingham from Peterborough, and he said to me that he won't get paid if he cannot do the job, so you see, we are both angry about this for different reasons. We are both in the same boat with regards to frustration, and we both want to see a conclusion to this, once and for all. Sometimes I wish that I didn't live in a flat which is in a communal building and I am thinking of getting a transfer to a one bedroom flat that isn't in that sort of place. I pay around £85 a month in a Direct Debit to Sky to receive their TV services which I cannot use at the moment, and I don't have much money in my bank account as it is due to one thing and another. I also pay nearly £14 a month to TV Licensing so that I can legally watch TV in my front room. I pay for Sky hence the fact that I want the Sky service in my front room and not Freeview. Also, as the General Election is coming up in five weeks' time, I want the satellite TV to be working properly so that I can catch up with what is on the news channels, and I feel rather "cut off" from that at the moment, and I want it working in time for Thursday 4th July 2024 for ovbious reasons . I have Freeview in my bedroom, but that is not the point  - I don't want to be limited to my bedroom every time I want to watch TV. I have tried putting the Freeview in te front room but it doesn't seem compatable for the same uses that I usually have Sky for.  Sunday 9th June 2024 is Day 27 of the satellite TV not working in my flat, and I feel that something needs to be done about this. You can take this message as a complaint if you like, but nevertheless, I want this message to be acknowledged and also something to be done about what has happened. I have enough on my plate with regards to health problems and depression without things like this making things worse. I would appreciate it if something was done.  I don't like naming and shaming but it is Matthews and Tannert's fault that I am in this situation in the first place, and sometimes I wish that I could sue them. In a nutshell, I have had more than enough after being without TV in the my front room for nearly four weeks. Also, at a time like this, I am missing so much of interest on TV what with the General Election comning up in just a few weeks.
    • 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.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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CPM ANPR PCN Claimform - -THE ATLIP CENTRE EALING ROAD ALPERTON WEMBLEY LONDON HAO 4LW


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Apologies about the images, here is an update, I think I removed all barcode and ref numbers

 

Which Court have you received the claim from ?

County court Business Centre 

 

MCOL Northampton N1 ? Moneyclaim.gov.uk

Manual Claim CCMCC (Salford) ? n?

New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? n?

 

If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)

 

 

Name of the Claimant : UK CAR PARK MANAGEMENT LIMITED

 

Claimants Solicitors: GLADSTONES SOLICITORS LIMITED 

 

Date of issue – 18 Jul 22

 

Date for AOS - 05 Aug 22

 

Date to submit Defence - 18 Aug 22

 

What is the claim for  

 

1.The driver of the vehicle with registration ****** (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at THE ATLIP CENTRE ANPR - THE ATLIP CENTRE ANPR EALING ROAD ALPERTON WEMBLEY LONDON HAO 4LW, on 08/07/2019 thus incurring the parking charge
(the 'PCN*).

 

2.The PCN was not paid within 28 days of issue.

 

3.The Claimant claims the unpaid PC from the Defendant as the driver/keeper of the Vehicle. Despite demands being made, the Defendant has failed to settle their
outstanding liability.

 

4.THE CLAIMANT CLAIMS £100 for the PCN, £70.00 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest
of £40.06 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.04 per day.

 

 

What is the value of the claim?

£295.06

 

Amount Claimed £210.06

court fees             £35

legal rep fees       £50

Total Amount        £295.06

 

Thank you all for your time and efforts 

 

Court_Claim_form.pdf

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The attachment is fine now, thanks.

 

Fellow Site Team member dx100uk will be on shortly to tell you how to defend the claim.

 

Did the fleecers send you a Letter Before Claim or Letter Before Action before the claim form?

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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We did write -

 

On 05/02/2022 at 23:15, FTMDave said:

Anyway, don't pay and ignore the fleecers unless they sent a Letter of Claim.

If you ignore a Letter of Claim the fleecers generally think you might ignore the claim form too and they'll get a judgement by default.

 

The advice on every PPC thread on the forum is always to reply to a Letter of Claim.

 

 

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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My original reason for asking was because I thought they hadn't sent a Letter of Claim and you could have used that against them in your defence.  Just to be absolutely sure can you please upload what Gladstones sent you? 

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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The letter of Claim must follow the rules in the Pre Action protocol and generally contains a pack asking for personal finance details, whether you contest the demand,  sometimes Gladstones the second worse solicitors completely screw it up at that stage, so sight of what they sent as per FTMDave would be good.

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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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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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.

.

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.

………….
 

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 @dx100uk

I will do that, 

As for the letter of claim, I misunderstood, I don't think I got one but not too sure because I just disposed of the letter. 

 

I'm pretty sure the letter said that if I don't pay, their client may seek action in court.  which is the standard demand letter ... 

 

 

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The vital steps to take are those explained by dx100uk.

 

The matter of the Letter of Claim is much less important, but if we are able to work out what happened, so much the better.  Was the letter similar to this one?

 

I know it's tempting to chuck away the fleecers' attempts at deforestation, but it's always best to hang on to all the paperwork when you're in legal dispute otherwise you just get confused about what has gone on and end up having to play catch up.

 

 

LBC.pdf

We could do with some help from you.

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No worries, not essential.

 

All of us on the site have made mistakes when in legal dispute, that's inevitable, the important thing is to learn from the mistakes if something like this ever happens again.

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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@dx100uk

Thank you for the instructions above! I have submitted AOS. 

 

I'd like to ask a question regarding the next step: 

"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."

 

1. Can I fill in the template and paste it here for a final check (- my personal info) ?
2. I fill in my information and the company's info, put it in an envelope and sent it back (*never email)? 

3. "I must file my defence by day 33" is there a template to be followed for that? 

 

Many thanks 

F

 

 

 

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the sticky you filled out for popping up the details

has details upon defences just scroll down further into it.

 

we dont need to see our CPR 31.14 template

just fill it in and send it

read the red up the top too..:pound:

what does it say about needing to post yours up here.

 

you NEVER use or give an email!!

 

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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Guys, 

 

Thank you so much for all your help and patience. It is a little overwhelming so please bare with me if you could. 

 

Without sounding a little thick, I have read all the information a few times but I'm still a little confused on how to write my defence. I feel like the whole thing is blown out of proportion... They're taking me to court for allergy failing to register my number plate for one time out of months of consistent registration.

 

I'm not sure how these points apply as defence: 

 

1- Penalty clauses – You can still try to claim a charge is a penalty in other environments though, as these have not been fully tested by the courts (for example if you are charged for parking in a residential road). not sure what this could be in my case?

 

2- Lack of contract – they'd need to proof they have permission from the landlord

 

3- Parking charge not incorporated into the contract - Signage is not an issue, there are signs to set out the parking terms. 

 

4- Unfair Contract Terms in Consumer Contracts Regulations – in lament terms, if this has not been negotiated then its unfair practice?

 

5- Failure to comply with POFA - This one is clear. ask them to provide proof.

 

6- Proof of facts –  the PCN has timed stamps. 

 

So if I'm correct in thinking, my defence should be around points 1,2,4 and 5? is this correct?

 

Best

F

 

 

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go back to the sticky you filled out where we wanted the initial claimform details

 

scroll down further and read....yes a few bland generic points giving away no specific details.

 

there are examples there too.

 

 

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

Thanks for posting your PCN. It does not comply with PoFA 2012 for two reasons.

 

1] they are supposed to enter your parking period but instead they have entered your time of arrival and exit which is not the same as you have to find a parking space;read the T&Cs before parking ' After you return to your car and make your way to the exit you may be held up by pedestrians crossing in front of you and there may be a queue to get out the car park which all takes time.

 

2] they missed out several crucial words which are a must in Schedule 4 s9 [2][f]. " (if all the applicable conditions under this Schedule are met)"

 

Therefore you as the keeper cannot be pursued for the alleged debt. Only the driver can be liable. As they do not know who was driving  they will have difficulties in taking anyone to Court.

 

 

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Pop it up here 1st and we will check it.

 

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

Sorry I missed this, unfortunately they gym doesn't hold these records. its an ipad by the entrance door that you register your car with. I assume it goes straight to the company. 


It doesnt help that the gym share its space with a wedding venue ... so they crack down on parking alot! 

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Surely the gym should hold some type of record. it can prove you was there as you checked in. 

 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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