Im going to court!

Azrael125

Coupon-mad wrote: »

That's not a 'ruling' by the BPA, it's just words. It's true, but it is only words.

But why not file & serve a copy in advance, of that page. Plus the case of PCM v Bull (transcript available from the Parking Prankster's case law pages).

File & serve them with a 'skeleton argument' (see NEWBIES thread) and point out that the Judge allowed a late supplementary WS and evidence from the Claimant so you confidently now supply these exhibits and skeleton argument ready for the new hearing.

Your skelly also needs to deal THOROUGHLY with the question of unrecoverable costs. You cannot let made up costs be added and waved through by a clueless Judge.

Thansk for the advice,is it technically a new hearing though? Im no expert but I was under impression it was just just a continuation with new information? Mentioning what the judge allowed against my wishes might !!!! him off lol

Coupon-mad

I'd be p''eed off f I were you. Never mind what the Judge thinks, this is a new hearing and you can turn it around, like in this case I helped with:

http://parking-prankster.blogspot.com/2017/02/flawed-anpr-misread-causes-2-years-of.html

I stepped in late, after the first hearing where the Judge was going the wrong way:

https://forums.moneysavingexpert.com/discussion/5574215/help&page=2

And turned it around completely. Can be done. Think about it, what's to lose?

File a skeleton argument and evidence, after all the DJ let them file a late extra WS. And you are perfectly at liberty to file a skelly to assist the Court and yourself to show your arguments, prior to a hearing, to save wasted time and an error of judgment on costs.

Even if you do lose this case, you should ONLY be ordered to pay the PCN sum plus court fees (that's an extra 3 x £25 maybe, if the second hearing is at a cost) and you would be utterly mad to let the Judge allow other piled up, made up, added ''debt collector, damages, or solicitor/legal'' costs that are in fact unrecoverable.

You must be VERY clear about explaining why they can't add more money, pursuant to:

- the BPA CoP £100 ceiling for NTKs
- the POFA Schedule 4 ceiling being the sum on a NTK
- the CPRs re damages
- the Beavis case re damages

So here is a start for your legal argument against costs, in the skelly:

https://forums.moneysavingexpert.com/discussion/comment/75520074#Comment_75520074

Keep it as brief as possible, just about prohibitive signs (Bull case) and costs, and this as a third thing, to expose an untruth that you need to mention was not correct:

On lack of entrance sign at car park,claimant said that only applied to car parks that were pay and display. Basically lied to the Judge.

So file the CoP that proves that entrance signs are mandatory and say that ''the Claimant tried to lead the court into error'' and you wish to put that right. and filing the Claimant; own CoP as evidence can hardly be considered something that's news to them.

Be bold and be brave and seize this chance to right some wrongs.

Azrael125

Youre right of course. On topic of made up fees,Claimant is charging interest per day since the clain began what can I say about that?
Something else I have remembered,the claimant said the BPA had "vetted the car park" in response to my claims about signange etc. Obviously thats a lie.I did email BPA in hope they'd disprove this ,but had no reply.

Coupon-mad

JD PArking (claimant)

the claimant said the BPA had "vetted the car park" in response to my claims about signage etc.

You could counter that by showing this email from Steve Clark from THIS WEEKEND, that makes it clear that the BPA only spot check a handful of car parks (in that case just 14 audits across THREE YEARS - so you can count on one hand how many are checked each year - with most car parks, it seems, never checked at all):

https://forums.moneysavingexpert.com/discussion/comment/75686342#Comment_75686342

Include that post, just that post, among your evidence with the skelly.

Even better, send a pm to BS Newbie and ask if he will forward the ACTUAL email to you.

Go for it, put right the wrongs well in advance. You can ask the Claimant to provide proof of the audit and the fact the car park passed, and the absence of this will suggest they are being as mendacious about that as they were about the rules about mandatory entrance signs.

Umkomaas

On topic of made up fees,Claimant is charging interest per day since the clain began what can I say about that?

It’s not a case of 8% per annum against the total current charge. It should be a staggered calculation dependant on when they say each charge was incurred.

For example the longest period will relate to the £100 PCN. But anything else that’s been added would be at much later dates.

Why not break down each element of their charges and ask them to confirm the date from when they are claiming interest for each element, the number of days involved and the amount interest claimed for each.

Ask them to confirm the date on which the respective element was paid by the claimant, to enable you to reconcile each interest segment and then present the results to the Judge at the hearing.

I can almost hear the coughing and spluttering on reading that from you!

Azrael125

Umkomaas wrote: »

It’s not a case of 8% per annum against the total current charge. It should be a staggered calculation dependant on when they say each charge was incurred.

For example the longest period will relate to the £100 PCN. But anything else that’s been added would be at much later dates.

Why not break down each element of their charges and ask them to confirm the date from when they are claiming interest for each element, the number of days involved and the amount interest claimed for each.

Ask them to confirm the date on which the respective element was paid by the claimant, to enable you to reconcile each interest segment and then present the results to the Judge at the hearing.

I can almost hear the coughing and spluttering on reading that from you!

Could you explain a bit more? Claim form lists one amount for parking damages and indemnity costs aside from court and legal cost. Had a email from them today to inform me "£80.00 as stated in the Notice of Allocation to the Small Claims Track" has been added. WHich is confusing as shouldnt that have been added at the time?

Coupon-mad

Ask them to confirm the date on which the respective element
was paid by the claimant

This is the crux of it.

The costs/damages were never paid at all, and are made up out of thin air.

Here is a defence where the costs issue is covered in #11 downwards:

https://forums.moneysavingexpert.com/discussion/comment/75697191#Comment_75697191

Put that in your skelly, edited to show the figure they've added to the PCN - the ''costs and fees'' (except the court fees if you lose) are UNRECOVERABLE and you need your Judge to know this and the authorities for that contention.

Azrael125

Coupon mad what do you think to the email from Gladstones today saying the claimant has incurred a fuirther £80. Are they on another planet? It was in reply to my request for the amount claimed as Id misplaced the original. I would doubt they can add costs onto their claim? Must be a mistake on their inept part surely?

Coupon-mad

Mistake? No.

Did you read the link? They ALWAYS try this trick and we always have to demolish it.

Quentin

@OP - are you *π** *π****?