County Court claim form

The_Deep

These cases can be far from straight forward, one, Beavis v Parking Eye went to the Supreme Court. Demand a hearing. You are not dealing with John Lewis you know. Besides, even if you lost, your costs would be about half of what it would cost the PPC. Have you complained to your MP?

Disgruntled_parker

The_Deep wrote: »

These cases can be far from straight forward, one, Beavis v Parking Eye went to the Supreme Court. Demand a hearing. You are not dealing with John Lewis you know. Besides, even if you lost, your costs would be about half of what it would cost the PPC. Have you complained to your MP?

No I thought it was pointless, as other posts suggest the whole PPC debate is already being discussed in Parliament.

Redx

It's been finished with in parliament a few months ago, it is now a law

We are awaiting the Cop to arrive and to start later this year

The gladrags DQ is discussed in the newbies sticky thread

beamerguy

Today the defendant received a letter from Gladstone complete with a copy of their DQ which they have filed with the court. They go on to say they have requested a special direction that the case is dealt with on the papers, without a hearing. They say the case is straightforward and any costs incurred by both parties for an oral hearing would be disproportionate.

They end by declining mediation but are willing to listen to any genuine payment proposal.

I bet they are willing to accept a payment. They will not want abuse of process being introduced to the judge coupled with the fact they have signed a "statement of truth" ?
Fake add-on is NOT a "statement of truth"

As DJ Taylor said in the Southampton court ....
"The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4 not with reference to the judgement in parking eye v Beavis. It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover"


https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

Disgruntled_parker

Just another quick question for clarification. In addition to the copy sent to Northampton CCBC, does the defendant send a copy of their DQ to the Claimant, or Gladrags acting on their behalf? having read the Newbies section it doesn't specify. Sorry for asking what may seem obvious to most, I just want to make sure no simple errors are made.

In addition, the SAR that was previously sent has now reached 28 days without reply. Was this to be expected and if so should the defendant pursue this failure to reply, or merely mark it down as a point for the defence.

Le_Kirk

PPCs have 30 days to respond to a SAR.

nosferatu1001

The DQ makes it explicit that you serve on all parties - that includes the claimant. If the claimant is using a solicitor, you of course send to them.

Disgruntled_parker

Hi there,
Does anyone know the course of action to take if a PPC fails to respond to a SAR?

Thanks

waamo

Disgruntled_parker wrote: »

Hi there,
Does anyone know the course of action to take if a PPC fails to respond to a SAR?

Thanks

Report them to the ICO.

Disgruntled_parker

Hi there everyone, hope you've all had a good summer.

The defendant returned home from holiday yesterday and found the postman had delivered a notice of allocation. Its been sat here a while and the defendant now has just ten days to compile all the defence and send it to the court and the claimant.

I guess the hope of having the case struck out on grounds of abuse of process was unsuccessful. In any case I would appreciate any guidance offered on my next steps. Is it now just a case of going through my original defence and elaborating on each part? Is there a specific format to follow?

As always I appreciate all your feedback.