county court defence help

peter_the_piper

http://forums.pepipoo.com/lofiversion/index.php/t79116.html
I presume this is the thread on pepipoo.
Edit:- did you pm Axeman?

Coupon-mad

jitsu wrote: »

posted under brookwald

You were about to get your turn in the queue of hundreds that were being helped by volunteers on pepipoo in their own time - but you (apparently) were too impatient perhaps - and bearing in mind postage time I reckon you have until next week to defend, not Friday. Did you not notice there are hundreds of cases being helped on there in date order of need - and the volunteers are doing a sterling job of all the cases they are handling alongside their day jobs (and they are not lawyers, just experienced posters).

Read this if it helps for starters:

http://www.judiciary.gov.uk/JCO%2FDocuments%2FCJC%2FPublications%2FOther+papers%2FSmall+Claims+Guide+for+web+FINAL.pdf

https://forums.moneysavingexpert.com/discussion/4585747

If you get no more offers of help, just type out your defence citing UKCPS v Murphy as described here, read his experience and ultimate success:

http://forums.pepipoo.com/index.php?showtopic=58542&hl=Hedwig&st=200

and this sort of thing you need to get your head around and read the law a little to understand what you are quoting:

''There is no contract between the PPC & motorist but even if there was a contract then it is unfair as per the Unfair Terms in Consumer Contracts Regulations 1999 as:-

Unfair Terms

5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.''


http://www.legislation.gov.uk/uksi/1999/20...gulation/5/made

and post #44 here:

http://forums.pepipoo.com/index.php?showtopic=79937&st=40

Was the driver/passenger disabled, if so and they were in a disabled bay state that the law allows them to use a reasonable adjustment unharassed (no permit or Badge needed under your rights under the Equality Act 2010). If not disabled and if this was a disabled bay you will have to stick with researching 'unfair contract terms' under the UTCCR 1999 and CPUTR 2008 and finding all their breaches of the BPA Code of Practice - and I am assuming their timeline and signage and ticket wasn't compliant with the requirements of Schedule 4 of the Protection of Freedoms Act 2012. That would be for you to check as you have the tickets there and could spend a day building up a case of bullet points of defence.

Small claims is not a place where you need a solicitor so no-one expects you to write in 'legalese'. But you do need to know your own defence & understand it so you can explain it to the judge if needed.

I have not helped with defences yet so far so can't help more than suggest what I would include if I were defending a case myself. I have never been to a small claims court but if a PPC took me there I would defend and do my level best to stuff them! Also I understand it should be a skeleton defence with headings & brief summary of points at this stage, which you can research more in readiness to bring and explain at any hearing. You may be required to attend mediation but DO NOT FOLD at that point IMHO, the pressure may be for you to pay up to save the Court's time but I wouldn't...(but it's your money of course).

Remember that if this was post POFA the PPC can only reclaim the amount of charge on the Notice to Keeper if they win, plus court fee typically £25, hearing fee (?similar) plus costs if they are allowed, normally very minimal £50 or so. Not a massive sum in barristers fees or anything, this is a 'small' claim after all.

And that is IF they win which isn't a fait accompli by any means.

And if a motorist loses, as nigelbb said on here yesterday, 'even if you lose at small claims you don't have to sit on the naughty step'! You would just pay up if the judge decided against you and that would be that, no outstanding CCJ or anything as it would be resolved.