Small claim against me even though paid fine

beamerguy

Hayles31 >>> URGENT URGENT

Please take out all personal info from the above for your security

This forum does not need your personal info.

With proof of payment that you have, shows complete
incompetence by SIP and Gladstones

Gladstones could never win this and will deserve
the wrath of a judge and yet another whooping in court

Prepare a statement of your costs for the judge to award you

Hayles31

Thanks, I’m trying to remove the personal info but don’t know how, clicked on edit post but won’t do anything!

beamerguy

Hayles31 wrote: »

Thanks, I’m trying to remove the personal info but don’t know how, clicked on edit post but won’t do anything!

When you click on edit you will see "advance edit", try that

Hayles31

Thank you, thought I had removed personal info before posting but clearly I hadnt!

beamerguy

Hayles31 wrote: »

Thank you, thought I had removed personal info before posting but clearly I hadnt!

Good its ok now.

Many years ago, my granfather was summoned to court
for not paying rates (as it was then)

He always paid and kept receipts.
He showed the court the payment receipt and the court
gave a massive dressing down to the council.

In your case, you are dealing with the incompetent Gladstones
and the courts already know how incompetent they are

Enjoy this, get your costs schedule ready.

The_Deep

In your case, you are dealing with the incompetent Gladstones and the courts already know how incompetent they are

But do the SRA? Even if they do, it would do no harm to remind them.

beamerguy

The_Deep wrote: »

In your case, you are dealing with the incompetent Gladstones and the courts already know how incompetent they are

But do the SRA? Even if they do, it would do no harm to remind them.

Of course the SRA know but as they have already proven,
they are not interested in the general public

Loadsofchildren123

Hayles31 wrote: »

Thanks everyone, made request to DVLA but don’t think they’ll respond in time for when my defence is due although have another 21 days yet so will wait a bit longer.I think looking at your timeline they got your details from DVLA. Put in that counterclaim and just assume they did. You can always withdraw the counterclaim if evidence is produced that they didn't - you've raised the complaint with them in one of your earlier letters (which you could argue was akin to a LBC) and they didn't deny it. In the meantime would it be worth sending gladstones/SIP a part 18 request and ask them if they got my details through DVLA. Don't bother. You'll get the info from DVLA in the end.

Should I keep the defence limited to just that no debt is owing as paid the charge or should I also put in, as people in other threads have done, about POCs not being CPR compliant, premature issue of proceedings etc? You could but in most cases these matters are completely ignored by the court. I think you're better off keeping it short and sweet. You should however argue these matters when you come to ask for R27.14(2)(g) costs - if you search my posts from yesterday I posted a costs argument with all the case law about the court's power to order costs against a party who ignores the pre-action obligations

I see you also complained to them about harassment.


Add to the counterclaim:


The Claimant's actions in writing repeatedly to the Defendant claiming a debt was owed, when they had been repeatedly informed by her that it had been paid, amount to harassment pursuant to Section 1 of the Protection from Harassment Act 1997. The Claimant's actions caused the Defendant to feel anxious, stressed and harassed. The Defendant specifically told the Claimant that this was the case, but it/its agents continued to write to her.


The Defendant seeks damages in respect of the Claimant's breach of section 1 of the Protection from Harassment Act 1997.

Loadsofchildren123

You will recall I advised yesterday that a LBC needs to be written in respect of the counterclaim - you can write a very short letter referring to your previous correspondence because whilst that wasn't labelled LBC, effectively it was because you put them on notice that you would counterclaim, what for, and specified what their breaches of the two Acts were. So I'd just write one anyway but make it brief and refer to your previous letter.


Dear Sirs,


I refer to my letter of x date, in which I put you on notice of my intention to make a claim or counterclaim against your client. For convenience, I enclose a copy. Whilst that letter was not formally marked "Letter Before Claim" it clearly put your client on notice of an intended claim/counterclaim. The only information omitted from the letter was reference to the Practice Direction - Pre-Action Conduct (although the contents of the Practice Direction will of course be well known to you).


You failed to respond to the letter, which is not only professionally discourteous but is also a breach of your client's obligations in paragraphs 6(b) and (c) of the Practice Direction. Instead, your client issued proceedings. A complete disregard of the Practice Direction, and one which the court has the power to punish (the sanctions are set out in its paragraphs 13-16).


For the avoidance of doubt, I re-confirm my intention to make a counterclaim against your client for damages for breaching my rights under the Data Protection Act and the Protection from Harassment Act.


I also put you on notice of my intention to seek indemnity costs from your client pursuant to Rule 27.14(2)(g). This is a claim which has no basis at law, there being no debt owed to your client. Your client has failed to comply with its pre-action obligations - specifically it has not addressed my case that I paid the parking charge in full on [x date]. Both of these matters mean that your client is behaving, and has behaved, unreasonably.


I invite your client to withdraw the claim within the next 7 days (ie by x date). If it does not do so then I will make and pursue my counterclaim without further notice.


Yours faithfully

Loadsofchildren123

when you fill in the DQ, I think you should write to the court at the same time asking it to strike out the claim pursuant to R3.4.

Dear Sirs,

I enclose my completed Directions Questionnaire.

I am asking the court at this stage to exercise its inherent powers, of its own initiative, as part of its duty of active case management under CPR Rule 1.4(2)(c) and Practice Direction 26, paragraph 5.1, namely to summarily dispose of issues which do not need full investigation and trial. The court’s powers include striking out a claim (or part of it) under CPR Rule 3.4 and Summary Judgment under CPR Rule 24. I also ask the court to order that the Claimant pays my costs so far incurred (these amount to x hours of time at the hourly rate of a litigant in person at £19 allowed by Practice Direction 46 (paragraph 3.4) and CPR Rules 45.39(5)(b) and 46(4)(b), so a total of £xxx).

The reason I am asking the court to make this order is:
1. I paid the debt which the Claimant assets is still owed on x date.
2. This is evidenced in a bank statement [and printout of website ????], both of which show payment was made. I enclose copies.
3. I have told the Claimant and its solicitors repeatedly that I paid the debt, and have produced the evidence at paragraph 2 above. I enclose copies of the letters.
4. The Claimant has completely ignored these letters (which it should have responded to in order to satisfy its obligations set out in paragraphs 3, 6 and 12 of the Practice Direction - Pre-Action Conduct).
5. Put simply, there is no cause of action. No debt exists.

If the court is not willing to make an order pursuant to R3.4 at this stage, then I ask for a preliminary hearing dealing solely with the issue of whether I paid the original debt and whether any remaining debt exists.

The court has the power to make this order of its own volition rather than requiring me to make an application. Alternatively, the court has the power to treat this letter as an application and to dispense with the requirement for a Notice of Application to be issued (CPR Part 23.3(2)(b)).

Yours faithfully