PCM Parking fine - Heath Parade NW9

bargepole

Dhudds wrote: »

Also the claimant is asking the following in the claim form:
Amount Claimed: £175
Court fee: £25.00
Legal representative's cost: £50.00

The original fine was £60 then it increased to £100 and later to £160 however in the claim form it's increased to £175 which the claimant saying it has added the interest on top of £160.
So in section 9 of the defence should I say £100 or £165?

9. In addition to the £100 'parking charge', for which liability is denied, the Claimant's legal representatives, Gladstones Solicitors, have artificially inflated the value of the Claim by adding costs of £60 and further interest which, it is submitted, have not actually been incurred by the Claimant, and which are artificially invented figures in an attempt to circumvent the Small Claims costs rules using double recovery.

I can't see any cause of action for a counterclaim here, so I haven't suggested one.

Dhudds

Thanks again bargepole,
The changes to section 9 are noted. I will draft a counterclaim.
Also for my information, do you think adding the following sentence to section 9 is unneccessary?
"The Court is invited to report Gladstones Solicitors to the Solicitors' Regulation Authority for this deliberate attempt to mislead the Court, in contravention of their Code of Conduct."

bargepole

Dhudds wrote: »

Thanks again bargepole,
The changes to section 9 are noted. I will draft a counterclaim.
Also for my information, do you think adding the following sentence to section 9 is unneccessary?
"The Court is invited to report Gladstones Solicitors to the Solicitors' Regulation Authority for this deliberate attempt to mislead the Court, in contravention of their Code of Conduct."

The court will do no such thing. It is up to you if you want to report Gladstones to the SRA.

If you wish to counterclaim, your document needs to be headed 'Defence and Counterclaim', and have a sub-heading after the defence part, saying 'Defendant's Counterclaim Against The Claimant'.

Then you particularise your counterclaim, stating how the Claimant has caused you loss and damage, and quantifying your losses.

But, as previously stated, I can't see any legal basis here for a counterclaim, and in my view it will just be a waste of time, effort, and court fees.

Dhudds

bargepole wrote: »

The court will do no such thing. It is up to you if you want to report Gladstones to the SRA.

If you wish to counterclaim, your document needs to be headed 'Defence and Counterclaim', and have a sub-heading after the defence part, saying 'Defendant's Counterclaim Against The Claimant'.

Then you particularise your counterclaim, stating how the Claimant has caused you loss and damage, and quantifying your losses.

But, as previously stated, I can't see any legal basis here for a counterclaim, and in my view it will just be a waste of time, effort, and court fees.

Many thanks Bargepole,
I understand your points.
Do you think we should mention the grace period of 5 to 15 minutes in section 3?
Also in my draft version of defence do you think we should consider section 24 about the Direction and PCM witness statement?

Dhudds

A couple of updates:

Mid November: Defence submitted.

Mid December: Letter received from Gladstones confirming their client's intention to proceed with the claim and enclosed a copy of their client's completed direction questionnaire (form N180). In addition their client (PCM) thinks that the case is straightforward!!

Early January: Received DQ from court and now I'm feeling the form according to guidance on NEWBIES2.

Anyone knows where I can find the special directions covering letter ("not straightforward") which I need to send with N180?

KeithP

Are you following Bargepole's 'what happens when' post linked from post #2 of the NEWBIES?

It tells you exactly how you challenge their 'straightforward' assertion without a covering letter.

Dhudds

Yes, I followed No4 and included the following text in D1:
“The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the defendant’s home court, pursuant to CPR 26.2A(3)”"

I've seen in some other threads that a covering letter was also sent for 'straightforward'. Is the above in D1 sufficient without a covering letter?

Thanks.

KeithP

Dhudds wrote: »

Yes, I followed No4 and included the following text in D1:
“The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the defendant’s home court, pursuant to CPR 26.2A(3)”"

I've seen in some other threads that a covering letter was also sent for 'straightforward'. Is the above in D1 sufficient without a covering letter?

Thanks.

Unless you are talking about something different, I believe that D1 text is enough.

Coupon-mad

Google Gladstones parking relatively straightforward and you will find it umpteen times over, including how to reply!

Dhudds

Hi All,

Received court date. Need to prepare witness statement. I had a witness in my car. Do I need to prepare two witness statements?