Upcoming court case

Forensic

Further to this thread's opening, I'm afraid I need to resurrect it because today I received court papers. So yes it is going ahead.

I naturally intend to respond by filling in Defence and Counterclaim because there is no way knowing what I do I can give in to their demand simply because they have taken this leap. I must say I am very disappointed that it is being considered - or am I right in thinking that only after I publish the outline of my defence would a judge read it and decide whether to dismiss it?

Anyhow - at this point I shall not reveal too much in the way of details but in brief:

I involved POPLA in the hope of having the demand quashed. The only argument I used was that demand did not reflect losses thereby amounting to illegal penalty. ParkingSpy respond with POPLA form and one instance of where a judge allegedly deemed a £75 charge for overstaying as "fair" and this has been taken by POPLA as an "example of case law where pre-estimate of losses were proven" and to which I "did not respond" and nor did I "deny the claim" that I overstayed.

Even your well-known Rachel Ledson has remarked on the court paper stating "The Claimant believes that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this statement" which is a total falsehood because I have never hitherto even begun to discuss the allegation. As far as I'm concerned, the enemy is still stuck at the first hurdle which is that he (ParkingSpy) and his sidekick POPLA have not analysed the figure to explain how it comes to be a loss.

Anyhow, I need to know a few things.

What exactly is the chapter and verse for the legislation that only allows a claimant to seek losses?
From which publication do we know that pre-drafted terms do not form the basis of a contract in the same way as when you provide a signature before a witness?
What is ParkingSpy's record in court? If they have won, what were the grounds? If they have lost, what was it they did wrong and may be perennially doing improper which could have them by the balls?
When has it occurred that a judge has come down in favour of the bullyboys, whoever they may be - even when the victim has known his rights? I have to prepare a solid defence here, I do not wish to lose!

zzzLazyDaisy

There are lots of threads about this on the forums at the moment - PE is issuing hundreds of cases a month. We cannot give individual advice to everyone. You need to do a search and come up with a draft defence, we cannot do it for you.

Have a look at this thread and then do a search for others.

https://forums.moneysavingexpert.com/discussion/4730763

And don't miss the deadline for filing your acknowledgment as then they will enter judgment against you and you'll have a CCJ

Forensic

It only came today, I'll send it recorded on Monday. That should do it. Thanks for the link. In the meantime I still welcome any more replies to this thread from anybody.

zzzLazyDaisy

Forensic wrote: »

It only came today, I'll send it recorded on Monday. That should do it. Thanks for the link. In the meantime I still welcome any more replies to this thread from anybody.

You don't need to, just log onto MCOL and do the acknowledgment from there - that way you are sure the court has got it. This buys you 28 days in total to file your defence

Forensic

Right I'll try that

Forensic

Dear all

I'm in the process of building up a defence for a case I have previously written about regarding Parking Spy.

I recently discovered this:
http://www.penaltychargenotice.co.uk/private-land-enforcement/court-cases/court-cases-for-private-parking-tickets/

...which doesn't look promising.

I've read the stickies and in my case, they don't help. I've binned much of the rubbish sent to me by PE including the Letter Before Action which I am now given to believe did not contain the lawful criteria. Looking at the nature of advice given from 2010-2012, many advisers here mentioned that an operator may only push for losses, that the two-tier settlement system (X-amount within 2 weeks rises to Y-amount after then within 28 days) was the giveaway in that there could be one deficit figure.

So just to ask afresh. Can anyone cite the legislation that forbids private enterprises seeking anything beyond losses and how the pre-drafted terms do not form the basis of a contract? The link I have issued is concerning because it clearly illustrates a case where a judge believed a contract was formed. For such advice to have been widely offered, I'm sure somebody must know the verse, chapter and act that confirms this. I can only imagine that it is ratified in several places.

Also why has any judge in the past ruled against such decrees? Has it simply not been brought to his attention? Comments please.

Forensic

I meant the fist example from the list within the link above.

zzzLazyDaisy

You have already been asked to post questions on your own thread. It is not helpful to start more than one thread on the same issue.

https://forums.moneysavingexpert.com/discussion/4606421

The cases on genuine pre-estimate of loss (Dunlop etc) are referred to in a number of the appeals that have gone to POPLA. You have already been given the link to the POPLA decisions sticky on another thread (though it is not difficult to find, being the first thread on this board) but I will give you it again here

https://forums.moneysavingexpert.com/discussion/4488337

You have to do your own research, the information is here on these boards, and you will also find lots of information over on pepipoo.

We can't do it for you, we don;t have the time or the manpower.

Forensic

I began a new thread for the fear of the previous board sinking out of view and in the hope that persons able to help will contribute. I am happy enough not to "hijack" other people's threads per your request even though the sole example where this has happened has been one in which I felt that my comments were relevant and where information posted could have been beneficial to both the OP and me. However, there is no apology for beginning this new thread, as a matter of fact the previous was launched months ago to alert both regulars and newcomers that I discovered the word "fine" in PE literature.

Had you read the first post here carefully rather than rifling through it and snapping with your response, nowhere will you have noticed me requesting other members carry out research for me. I asked as to whether one was familiar with the legislation being preached on this forum, so either a person knows the decree or he doesn't. If anyone does not know, I thank you not to comment on this thread thus potentially causing others not to open it as they might assume it is being "dealt with" by those to have posted.

zzzLazyDaisy

There is no legislation, as the law in this case is common law, not statutory provision. I have already pointed you to the case law which starts with the Dunlop case. If you search for that case you will find others, and more explanation.