Northampton Court Claim arrived (MCOL)

Umkomaas

Fantastic result JB. You really socked it to 'em. (A bit cryptic!).

trisontana

Well done!

Just as Mrs. May has been programmed to say "strong and stable government" over and over again, then it appears that Ms. Beaven has been programmed just to say "I don't know" repeatedly.

Loadsofchildren123

Glacier, no she has no legal qualifications. Mr Bellis who owns Millennium also owns a bar in Swansea called Fancy a Rum? Local folklore is that the original intention was for it to be a lap dancing joint, and the ? is designed to look like a p, so the name on the signage looks like "Fancy a Rump" (winds me up every time I drive past) - but they didn't get planning permission for that (and there was apparently a covenant on the building preventing it being used for such illicit purposes) so it just ended up as an ordinary bar.


As for the hapless Miss I Don't Know, I have read somewhere that she was a barmaid at FAR before she achieved the impressive promotion to litigation assistant/manager at Millennium.

Loadsofchildren123

And no, Millennium don't play away and are a local set up

safarmuk

How am I supposed to get paid? Will they send a cheque?
Originally posted by JackBasta

Yep, they should send a cheque.

If they don't send a cheque, come back here and there will be a queue of overjoyed regulars eager to let you know how to really stick it to them with a court order and then bailiffs ...

Given the comments made by Ms Beavan during the hearing and the fact she must have known it was defended case I cannot believe they actually went all the way to the hearing with it ...

JackBasta

safarmuk wrote: »

Given the comments made by Ms Beavan during the hearing and the fact she must have known it was defended case I cannot believe they actually went all the way to the hearing with it ...

Up until last night I was pretty confident because of pre-POFA and their ridiculously bad WS full of out of date exhibits. Apart from the actual poor evidence, I felt it would also be pretty easy to demonstrate their unreasonable behaviour - Incoherent Gladstone POCs, not responding to SAR/CPR31.14, WS a month late etc.

Last night, however, I lost all confidence. I thought they must have some magic trick up their sleeves otherwise there's no way they would take it this far. That maybe they knew how to play the judge and I'd end up getting humiliated by some legal hotshot.

Thankfully, there was no hotshot. Hotshots don't tend to say "I don't know" to everything.

Got to wonder what their driver is for taking cases like this all the way?
I rebutted their LBC for not complying with Practice Direction, and then submitted a robust defence thanks to the help from you guys.

Surely at some point they would realise..

1. I had a solid defence and
2. I wasn't going to just give in and pay up.

Is it just a loss leader? Take everyone to court regardless? Frighten future defendants into paying up?

Coupon-mad

Is it just a loss leader? Take everyone to court regardless? Frighten future defendants into paying up?

Yes, that sums up why parking firms do this. In Millennium's case, they are local so just stroll down the road and hope the defendant chickens out. If not, it's no skin off their nose because the next people who get court claims, will cry and pay.

VERY WELL DONE!!!!!!!

safarmuk

Is it just a loss leader? Take everyone to court regardless? Frighten future defendants into paying up?

Very likely, given they apparently only play local, represent themselves and they perhaps assume costs don't get granted if they lose (as they often don't) their outlay per case can be low. So they may have hoped for a bit of DJ bingo (getting a terrible one that sides with them) or you not turning up on the day or something silly like that occurring. It may even be the case that they didn't even bother looking at your defence and witness statement before turning up in court today.

However in your case they got really burnt as you not only got costs you also got costs for unreasonable behaviour (which is extremely rare I believe). It's up to you but you could really turn the screw and issue a LBC for a DPA claim (assuming they got your RK details from the DVLA), might be worth a punt ...
it would also be interesting seeing Ms B's legal expertise turned towards an LBC response ...

JackBasta

Anyone know the process and costs to issue a DPA claim? Is it worth it in my case?

safarmuk

It costs nothing to send a LBC (except a stamp) ... ... and you don't necessarily have to follow it through by going to court either (although if you do then it would be £25 court filing fee and a £25 hearing fee I believe). The PPCs and their cronies themselves issue "LBCs" just to try to scare people into paying.

Read this:
https://forums.moneysavingexpert.com/discussion/5655023

And then find Hairrays thread and on post #117 LOC123 has written some LBCs with respect to residential cases but you can probably crib something from them as I am sure they refer to the DPA:
https://forums.moneysavingexpert.com/discussion/comment/72572008#Comment_72572008

And also Timothea's thread on DPA:
https://forums.moneysavingexpert.com/discussion/5585388

To be honest whether you actually go through with it or not it might just be amusing to see if Ms B responds to the LBC with her litigation manager hat on ...