Pre PoFA PCN : Court Case

chopperpilot

Notice of Proposed Allocation to Small Claims Track (N149a) received together with Directions Questionnaire (Small Claims Track) (N180).

Also in seperate post I received a copy of the Particulars of Claim (signed very badly by someone purporting to be the erstwhile Michael Schwartz - honestly the signature could have been done by anybody), and a(nother) copy of the Co-op's letter of authority for CEL to issue PCNs - although it doesnt mention anything about being allowed to pursue payments through the courts on their behalf, or what time frame they were authorised to issue them.

Back to the N180, is it worth ticking the 'yes' option for 'interested in using the Small Claims Mediation Service'? I cant see CEL ever having the 'aim of achieving a settlement' !

The_Slithy_Tove

chopperpilot wrote: »

Back to the N180, is it worth ticking the 'yes' option for 'interested in using the Small Claims Mediation Service'? I cant see CEL ever having the 'aim of achieving a settlement' !

No. Your position is you want to pay zero, and they want rather more than that. Since you have no intention of moving from your position (zero), there is no point in mediation. It won't reflect badly when it comes to court.

SevenTowers

Have you seen Pranky's latest blog on CEL claims?


http://parking-prankster.blogspot.co.uk/2015/08/preliminary-hearing-11-deal-cases-in.html

chopperpilot

Thanks Seven. Yes I had just seen it. After reading it, I contacted the BMPA (who were representing most of them) to see if they would help me with my case, and they in turn put me in touch with a specialist firm run by none other than our very own Mr Bargepole. I feel a LOT happier knowing he is looking over my shoulder with my own claim.
Anyway I'm looking forward with great interest to see what happens with any test case they raise and whether CEL/DEAL get done for fraud (which i presume the criminal case in Aberdeen mentioned pertains to)!

SevenTowers

You are in the best possible hands with BP, and would be well advised to follow his instructions to the letter.

The_Deep

With a bit of luck you could turn a small profit on this, the walls are closing in on this scammer.

chopperpilot

Letter received from local court today. Claim has been struck out!!!!

It failed to comply with CPR 16.2 in that it failed 'to contain a concise statement of the nature of the claim'.

Cue Chopperpilot's happy dance.....

ampersand

Excellent news, cp.
Well done. Spread the mse word.
#
Claim for expenses?
Trust you are enjoying the ukpc implosion too?

hoohoo

As Bargepole is handling this, not doubt a suitable claim for expenses will already be winging its way to the court

Fixtrace6

Did you claim for expenses?