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    • However, if it can be improved - why not? I see you've been looking at other WSs.  You need a little introduction at the start about being a Litigant-in-Person. In Insufficient Signage/Exhibit 1 is it necessary to show the close-up of their signs?  That's almost showing the signage as better than it is.  I would leave out your 2nd, 4th and 5th photos. In Penalty flesh it out a bit.  Add that the Claimant will witter on about the Beavis judgment but that your case is distinguished, Beavis dealt with a car park during opening hours when there was an interest in limiting the time cars could stay. Again in Prohibition flesh it out.  Add some persuasive cases.  There are loads in WSs. In Abuse of Process/Double Recovery para 14 they have inflated their claim from £100 to £170.  The other costs are allowed. The rest is superb - well done.
    • Please can anyone point to some good advice on what to do about the following call centre issue: a) You call X company about a problem b) You can't resolve it with the call agent (due to their fault/limitation/poor communication) c) So you ask to escalate to a manager d) They tell you there are none available right now, but they'll get one to call you back within X time (eg 24/48 hours) e) You wait the full time allotted, but no call comes f) You call again, and start at A, only to repeat the steps with no hope of escalation or resolution. I know that I can write to them, but is there a more immediate way to get the attention of a manager or member of senior staff when trying to resolve a non-straightforward issue, with more immediacy, as well as actually speaking to a genuine manager? I invite advice, links & discussion - I bet many of us have experienced this or similar, so a solution here could be helpful to many I'm sure! Thanks in advance to all who engage with this!
    • Thanks for all the replies - all very helpful. Sorry for the delay in responding - I forgot my password and managed to get myself locked out, which meant I could read but couldn't reply. Dx100uk  Thanks for that very clear (and patient) explanation - I completely get that now. Ok so I'll drop that unless we get to court. Lookinforinfo Good spot on Section 9 [2] [e] (i) - I think you're right they don't actually ask me to pay do they, they only say they have the right to recover the charge from me after 28 days. Your 2nd point might be less convincing, given the length of time the vehicle was there. Sadly I don't know how long parking is permitted for free. Perhaps someone on here can help with that. For context so you have the full picture, the driver entered M1 Tibshelf services not expecting to park at all (and therefore didn't bother to look for parking signs), they were feeling a little funny and thought a coffee might help. They drove into the petrol station area and pulled up in a parking bay at one side of the pumps and went in to get a take out coffee. On returning to the vehicle they were suddenly overcome with a violent attack of dizziness and nausea and couldn't stay upright. After lying flat and unable to move (and feeling extremely cold) for what was apparently some 4 hours they recovered enough to be able to drive on. The coffee was now stone cold of course which was a very annoying waste of 3.50! On recovering, the driver looked round without getting out of the van but couldn't see any signs at all near those few bays so mistakenly assumed the petrol station bays didn't have parking charges. One more question - on other threads people have suggested contacting the land owner to ask them to drop the charge. How would I find out who the landowner is, or perhaps should I write to the manager of the petrol station?
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    • We have finally managed to obtain the transcript of this case.

      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.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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cabot and stayed court claim from mar 2019 - now Terminally ill informed cabot but they wont let up chasing


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This is about a debt passed to cabot.

Default date: March 2017

 

In Mar 2019 cabot issued a claim against my brother for a debt in the CCBC. My brother filed a defence and wrote to them asking for them to discontinue the claim due to serious mental health conditions and provided medical evidence.

 

Mortimer Clarke replied stating they were no longer pursuing the claim and would return to cabot. They did not issue a discontinuance that he is aware of. The claim stayed as far as he knows and was returned to cabot.

 

Cabot continued to pursue the debt via letters, all of them ignored.

 

In Jun 2022 my brother was diagnosed inoperable TI with 3-12 months to live. The cabot letters continued, I wrote to them not acknowledging the debt and on his behalf explaining the situation with medical evidence and asked them to leave him alone. They ignored this and contact increased.

 

I again wrote complaining but to the CEO this time explaining that their actions were harassment of a terminally ill person. Not only was the letter ignored but the level of contact increased.

 

We then then received a letter from the complaints  dept stating they would hold for 3 months (to see if he dies i presume) and then continue to pursue which they have.

 

We have ignored them from this point but now somehow they have got a hold of his telephone number and the calls and texts have started along with the letters inc. late night calls. He now has switched his phone off so he doesn't get calls from them but for us this means we can't get hold of him and is worrying as he is bedbound, very ill and alone in the house. He has been through gruelling treatment and cabots indifference to this is really shocking.

 

My question is

what course of action can he or i on his behalf take.

Does he apply for a strike out of the claim made in Mar 2019 or wait for the debt to fall off his credit report in Mar 2023 (3 months) or something else.

 

We really need cabot to understand that their actions are completely unacceptable by contacting him and not abiding by the letter they sent stating they would not longer pursue the claim.

 

We need contact to stop.

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  • dx100uk changed the title to cabot and stayed court claim from mar 2019 - now Terminally ill informed cabot but they wont let up chasing

We've decided to get him another number and let the hospitals / Dr's know the new number. 

We'll wait until Mar next year which is 6 years from the default date and then send the sb letter. They'll probably ignore that aswell.

There's no talking to cabot as they are completely indifferent to anyone's issues and just want money no matter what. 

 

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