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Are too many cases going to court

The_Deep
Posts: 16,830 Forumite
Surely judges must be getting sick and tired of former clampers asking them to award silly money for damages caused by a punter entering an "0" instead of an "O", on an unfamiliar keyboard, or a ticket upending when a door is closed.
The CC judges whom I have come up against do not appear to be fools, so why do they tolerate this foolishness?
They have a simple remedy, dismiss the case as de minimis, award
unreasonable behaviour costs and threaten repeat offenders with a vexatious litigant sanction. If I want to take a tenant or tradesman to court, I should not have to wait months because the court is clooged with "own space" claims.
Also, should not the SRA take action against inflated claims by the usual suspects. I am advising posters who are being asked for more than is allowed to complain to the SRA.
The CC judges whom I have come up against do not appear to be fools, so why do they tolerate this foolishness?
They have a simple remedy, dismiss the case as de minimis, award
unreasonable behaviour costs and threaten repeat offenders with a vexatious litigant sanction. If I want to take a tenant or tradesman to court, I should not have to wait months because the court is clooged with "own space" claims.
Also, should not the SRA take action against inflated claims by the usual suspects. I am advising posters who are being asked for more than is allowed to complain to the SRA.
You never know how far you can go until you go too far.
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Comments
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Actually, parking cases only account for around 5% of hearings in the County Court.
By far the largest number of cases, are those which involve Landlords applying, under Section 8, for eviction notices against tenants who have fallen into 2 months+ arrears on their rent.
There are so many of these that there is now an automated online system for filing the claims, known as PCOL (Possession Claim OnLine) which works in a similar way to MCOL, except that hearings are arranged in a much shorter timescale.
These hearings (mostly undefended) are usually listed for 5-10 minutes each, and typically a Judge will get through 20 or so of these in a morning.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.0 -
The problem all started with the Supreme Court
This gave this rabble a golden key to exploit the court
system and use them as debt collectors
Robo claims should be stopped which will stop the keyboard
warriors at the dodgy legals
I wonder if David Gauke MP, appointed Lord Chancellor and Secretary of State for Justice on 8 January 2018 fully understands that these dodgy legals are taking the absolute P*SS of the court system and indeed him ???0 -
known as PCOL (Possession Claim OnLine)Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
The problem all started with the Supreme Court
This gave this rabble a golden key to exploit the court
system and use them as debt collectors
Robo claims should be stopped which will stop the keyboard
warriors at the dodgy legals
I wonder if David Gauke MP, appointed Lord Chancellor and Secretary of State for Justice on 8 January 2018 fully understands that these dodgy legals are taking the absolute P*SS out the court system and indeed him ???
the "system"c is happy , very happy with the surge in income from fees received , its also very very very happy every time £255 is received for a set aside0 -
Is anyone able to do some research (or has already done it) to identify who these companies are, who their directors are, any links to previous cowboy clamping companies and related issues? If this was put together with the number of claims from each company, number of tickets issued (via number of DVLA referrals), number of CC cases it would make powerful evidence for MPs, to build on current efforts to change the law.0
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That many.
IMO, many landlords get what they deserve. I have been letting property since 1977 and only taken one tenant to court, a pleasant family man whose business failed. I took a chance and lost.
I always insist on interviewing the tenant first, contacting previous landlords, and full references. I will not take on HB recipients.You never know how far you can go until you go too far.0 -
twhitehousescat wrote: »the "system"c is happy , very happy with the surge in income from fees received , its also very very very happy every time £255 is received for a set aside
2 YEARS AGO??
Theresa May has pledged to root out abuse of county court judgments following a Daily Mail investigation.
http://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html0 -
harrys_dad wrote: »Is anyone able to do some research (or has already done it) to identify who these companies are, who their directors are, any links to previous cowboy clamping companies and related issues? If this was put together with the number of claims from each company, number of tickets issued (via number of DVLA referrals), number of CC cases it would make powerful evidence for MPs, to build on current efforts to change the law.
Have you seen the PADI website?
http://www.parkingappeals.info
Most of the elements described above are contained there, although perhaps not in the format you are thinking about. But it's an excellent starting point and most data could be gleaned from just that single website (rather than scratching here, there and anywhere on the web) to be distilled into your preferred layout.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
2 YEARS AGO??
Theresa May has pledged to root out abuse of county court judgments following a Daily Mail investigation.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Have you seen the PADI website?
http://www.parkingappeals.info
Most of the elements described above are contained there, although perhaps not in the format you are thinking about. But it's an excellent starting point and most data could be gleaned from just that single website (rather than scratching here, there and anywhere on the web) to be distilled into your preferred layout.
Wow, 179 different companies listed there!0
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