Abuse of Process ... District Judge tells BWLegal

Umkomaas

legal_magpie wrote: »

Can we get transcripts of the judgment of the District Judge and the Circuit Judge?

Yes, as long as the Defendant pays for them. You can always offer to cover costs, but they are far from inexpensive!

legal_magpie

The CJ would have called for a transcript of the DJ's judgment. This is common practice and it is supplied to the parties at the Court's expense.

BrownTrout

The case wont have been heard yet..it will go to a hearing

legal_magpie

Sorry I misunderstood the words "allowed an appeal". I assume that means he has granted permission to appeal. The court will send both parties a transcript of the DJ's judgment. You can assured that the parking company will be represented by Counsel and will push very hard because if the appeal is dismissed this will set a very strong persuasive precedent which will almost certainly be followed by DJ's up and down the county.
Remember that we are not simply talking about whether the companies are entitled to the £60 (or more in some cases). The extra £60 is usually refused but that doesn't stop them recovering the £100 (assuming that the case is properly made out). The Southampton decision goes much further and it would be very helpful if the Defendant can get good legal representation possibly via the Bar's direct access scheme or possibly by some sort of crowd fund.

Snakes_Belly

I personally think that when the first debt collector letter arrives that a response should be sent stating that the debt is in dispute, to not communicate any further and refer back to the PPC.

Snakes_Belly

Perhaps Nicholas Bowen QC would represent them. He has had a spat with a parking company in the past that proved costly for the PPC.

beamerguy

Snakes_Belly wrote: »

I personally think that when the first debt collector letter arrives that a response should be sent stating that the debt is in dispute, to not communicate any further and refer back to the PPC.

If people do write back to the debt collector idiots, it should be in the form of ...

"You are wasting your time as it is common knowledge that YOU are completely powerless and to be ignored. If you wish to waste your time and money, it's your choice."

beamerguy

legal_magpie wrote: »

Sorry I misunderstood the words "allowed an appeal". I assume that means he has granted permission to appeal. The court will send both parties a transcript of the DJ's judgment. You can assured that the parking company will be represented by Counsel and will push very hard because if the appeal is dismissed this will set a very strong persuasive precedent which will almost certainly be followed by DJ's up and down the county.
Remember that we are not simply talking about whether the companies are entitled to the £60 (or more in some cases). The extra £60 is usually refused but that doesn't stop them recovering the £100 (assuming that the case is properly made out). The Southampton decision goes much further and it would be very helpful if the Defendant can get good legal representation possibly via the Bar's direct access scheme or possibly by some sort of crowd fund.

Sorry I misunderstood the words "allowed an appeal"
You are not the only legal to misunderstand, BWLegal and the other odd ball legals don't understand ....

This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4

"artificially invented figures in an attempt to circumvent the Small Claims costs rules using double recovery."

No doubt BWLegal will use a barrister but would a county court attempt to change the law and their own rules. That would destroy the credibility of the county court system ???

Snakes_Belly

beamerguy wrote: »

If people do write back to the debt collector idiots, it should be in the form of ...

"You are wasting your time as it is common knowledge that YOU are completely powerless and to be ignored. If you wish to waste your time and money, it's your choice."

That is pretty much what I did say and also told them to stop processing my information. Then they know where they stand from day one.

beamerguy

This refers to the BWLegal hearing

Originally Posted by CEC16
UPDATE

Notice of hearing recieved for the 11th November 2019. Soton County Court 1030

It's all going to be very interesting