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Northampton Court Claim arrived (MCOL)

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  • bargepole
    bargepole Posts: 3,231 Forumite
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    You've obviously done some research, I take it all back. That seems to cover all the important points.

    One bit of pedantry: In [5] you refer to HMCS. That should be HMCTS (Her Majesty's Courts and Tribunals Service).

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • JackBasta
    JackBasta Posts: 112 Forumite
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    I'very been working on this defence for a while. I just wobbled a bit yesterday when someone on CAG suggested a 2 line defence. I'm sticking with this for now, but I'm going to do more research and fine tune it. If anyone has any suggestions I'd be be most grateful.
  • JackBasta
    JackBasta Posts: 112 Forumite
    edited 6 December 2016 at 4:25PM
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    Just out of interest, looking at the Poc, The total due is £125, but they're claiming the sum of £167.25 which includes £42.25 interest persuant to S.69 of the County Courts Act 1984 Rate 8.00% pa from the date of the incident (2012!!)

    Surely, apart from anything else regarding the standard woeful Gladstones Poc, and the inflated figure, they cannot choose to wait for 4 and a half years before going to court and then charge me for the interest for that time period, when they had the chance to go to court back in 2012 but chose not to?

    I'm just wondering if something about this should go in the defence, as choosing to wait 4.5 years and then charging interest on that period seems to be pretty unreasonable behaviour?
  • System
    System Posts: 178,094 Community Admin
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    edited 6 December 2016 at 5:43PM
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    Is this one your's too? If this is pre-POFA you seem to be putting a lot of effort into a case. They have to prove it, not the other way around.

    http://forums.pepipoo.com/index.php?showtopic=109775

    Understand the guy that runs MPS is called David Belle*d and likes to get people running around wasting time.
  • JackBasta
    JackBasta Posts: 112 Forumite
    edited 6 December 2016 at 5:58PM
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    Yes that's me. It's pre-Pofa, and that defence alone should be enough, but I've read a couple of threads on here where cases have been lost. It seems to be a bit of a lottery when it comes to the judge.

    So I'm not taking any chances. And as an aside, it would be nice to put a bully in his place. Especially if they like to get people running around wasting time :)
    I'm going to go for full costs.

    Because it's pre-Pofa, I'm actually surprised they've gone as far as court papers. Maybe they're being Gladstoned?
  • Coupon-mad
    Coupon-mad Posts: 131,774 Forumite
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    I'm going to go for full costs.
    Good. And possibly a claim afterwards against the PPC for misuse of your data under the DPA, as this was a pre-POFA event where a keeper cannot be held liable and no applicable law supports the pursuit of a keeper now:

    http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html?showComment=1478039862872

    Your defence is a very good example of what can achieved on the forums by researching & finding the best bits of other similar defences. I would include the bit about interest over 4 years, maybe adding it to your sentence that says you are perplexed. It makes sense to object to these tactics there.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • JackBasta
    JackBasta Posts: 112 Forumite
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    Ha. That's exactly what I've already done

    3. It is denied that any "parking charges or indemnity costs" (whatever they might be) as stated on the Particulars of Claim are owed and any debt is denied in its entirety. The date of the alleged incident is 21/07/2012 as per the Particulars of Claim which is over 4 years ago. I am perplexed as to why the Claimant waited until now to bring proceedings, and even more perplexed that the amount claimed includes “interest” dating back to the date of the alleged incident.
  • bargepole
    bargepole Posts: 3,231 Forumite
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    JackBasta wrote: »
    ... If anyone has any suggestions I'd be be most grateful.

    One suggestion. Don't waste your time looking at stuff on CAG.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • JackBasta
    JackBasta Posts: 112 Forumite
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    bargepole wrote: »
    One suggestion. Don't waste your time looking at stuff on CAG.

    I've already decided on that course of action. It threw me off course quite a bit yesterday. Not to say what they were doing wasn't valid. It just seemed completely contrary to everything I'd already researched on here and pepipoo.

    Thanks again you guys for your help. You're all fantastic.
  • JackBasta
    JackBasta Posts: 112 Forumite
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    OK - defence sent registered post. So I guess I wait for the N180 now.

    So without putting anyone on the spot, does anyone have any opinion on the chances of this ending up in a hearing? I know nobody can say for definite, but based on your knowledge of other cases, are they likely to follow it through, or is there a good chance they'll take the hit of what it's cost them so far and pull out?

    And if it doesn't because they decide to pull out, how will I know this? Will I be notified by the court?
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