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Are too many cases going to court

2

Comments

  • They seem to have ramped up the action recently. Perhaps they want to get as many cases through as possible before the PMB becomes law.

    Nolite te bast--des carborundorum.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    They seem to have ramped up the action recently. Perhaps they want to get as many cases through as possible before the PMB becomes law.

    My thoughts as well ... if only we knew what the new
    bill contained.

    Mind you, they are having to wait a lot longer now due
    to their own greed in Robo claims:rotfl:
  • pysspd
    pysspd Posts: 28 Forumite
    edited 11 October 2018 at 12:36PM
    How about a £25 court fee for the first 20 cases raised by an individual/company in court per year. Thereafter - £250 a time? Not many landlords or others would raise that many cases - only serial litigants looking for smallish amounts and clearly abusing the court process at many levels. This would presumably not restrict access to justice for 'normal people' only for those using the courts a as a proxy debt collector or in the hope of collecting CCJ's against undefended cases.

    Edit - also non reclaimable after first 20!
  • pysspd wrote: »
    How about a £25 court fee for the first 20 cases raised by an individual/company in court per year. Thereafter - £250 a time? Not many landlords or others would raise that many cases - only serial litigants looking for smallish amounts and clearly abusing the court process at many levels. This would presumably not restrict access to justice for 'normal people' only for those using the courts a as a proxy debt collector or in the hope of collecting CCJ's against undefended cases.

    umm , no matter what the fee might be £25 , £350 or £1000 , the "accused if found guilty or if he pays up before court action would pay this

    going off on a tangent , we hear every day that companies have been fined for data breach , fines £100,00 or a million , the GOVERNMENT get this , not the person whos life was ruined
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Umkomaas wrote: »
    Then she pressed the Brexit button. :D

    Actually, the UK voters did that.
  • System
    System Posts: 178,355 Community Admin
    10,000 Posts Photogenic Name Dropper
    edited 11 October 2018 at 5:07PM
    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.

    A lot of the PCOL cases can be defended using the Legal Aid contractors local to the property. Work with one every week.

    Whether they will allow a portal (Parking Cases online) is a moot point but suspect it is on its way. 5% is a lot of cases. Whether there is legal aid for parking cases is a more certain issue - the MOJ is almost certain to say you can swivel for it.

    PS In answer to your question about the number of case, personally don't think there are enough. The profile on MSE has changed to more of the "free parking" brigade that need a nudge in the right direction. They do the rest of us no favours.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    The profile on MSE has changed to more of the "free parking" brigade ...

    I do not understand, can you please explain.
    You never know how far you can go until you go too far.
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    beamerguy wrote: »
    My thoughts as well ... if only we knew what the new bill contained.

    The detail of the Bill is given here: https://publications.parliament.uk/pa/bills/cbill/2017-2019/0017/18017.pdf

    It has gone through the Committee Stage without amendment, and is now due for its final stages on 23 November.

    But this Bill is only the mechanism by which the Government can introduce a statutory Code of Practice.

    The details of the actual CoP are being worked on by a separate committee. and will be published after the Bill becomes an Act.

    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.
  • StaffsSW
    StaffsSW Posts: 5,788 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The_Deep wrote: »
    The profile on MSE has changed to more of the "free parking" brigade ...

    I do not understand, can you please explain.

    More and more people see Martin Lewis all over the press and social media saying you don't need to pay these tickets, and assume it entitles them to do as they want with impunity, and more knowledgeable people will be able to get them off.

    When I used to frequent the MSE eBay boards many years ago, there was very little distinction between thrift and theft. "ooooh it wasn't sent recorded, I'll just say it never arrived, and I'll get it for free"....

    And then look at the "Grabbit" and consumer rights boards for examples of self-entitlement and greed that proliferates this site.
    <--- Nothing to see here - move along --->
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Thanks, I did not know that. I do not frequent boards favoured by riff raff
    You never know how far you can go until you go too far.
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