WON - Small Claims court case

beamerguy

MrMercury wrote: »

Thanks for the reply.. Ive sent it but expect they will ignore. On to the WS and exhibits now.

Doubt they will ignore, when these dodgy legals try to deal, it means they are not sure they will win and it's a last ditch attempt to get the wonga ? Get everything ready anyway including your costs, expect they will discontinue at the last moment.

Umkomaas

Which parking company are you dealing with? We can give much better and targeted advice if we know that information.

Coupon-mad

Also, read CEC16's thread and learn about what we now advise goes with your WS & evidence:

- your costs schedule
- a supplementary WS

Search the forum for those words. Read CEC16's thread and get the CRA 2015 in.

MrMercury

Hi, parking company is CE.. court date is set for 8+ weeks.. owner of the land is writing a letter saying I had permission to park and that he instructed them to cancel the PCN.

waamo

Make sure you get that letter. It's gold dust

MrMercury

Hi, thanks for the help so far. Ive now received the witness statement from the parking firm.
The original small claims court form has the following
Amount claimed £193
Court fee £25
Legal reps costs £50
Total £268

Covering letter sent with the witness statement states the amount claimed is £268 but in the witness statement it states the following;

£100 parking charge
£82 debt recovery (and refer to an exhibit from the debt recovery people)
plus a small amount of interest.
total £193

the debt recovery exhibit referred to lists the following costs
£100 parking ticket
£25 client admin fee
£45 admin fee
£12 trace fee
£182 in total

Which now has me confused as the witness statement doesn't add up to the original claim. Can I use the CEC16 thread for this or have they adjusted to take that into account?

Fruitcake

You make a point that the alleged amount has changed with no explanation, so you have no idea what they are actually claiming.

You attack all their fake add ons. Debt crawlers generally operate a no win - no fee process, so stating the scammers have incurred a debt crawler cost now is a lie. See if you can see what it says on the debt crawler's website about fees and take a snapshot to prove your point.

Use the information in post 14 of beamerguy's "abuse of process" thread, plus the CRA 2015 defence point from CEC16's thread.

Throw everything at them.

They can only claim the original PCN amount of £100 plus Court filing fee of £25, Legal reps costs £50, and perhaps a few small extras. The rest is all made up and not allowed.

waamo

Here you go https://forums.moneysavingexpert.com/discussion/6014081abuse+of+proces%20%20s

I note your defence challenges the figures added on, its good to understand why though. Well done for that. Your case is very strong.

MrMercury

Just re-read it The witness statement says not including fixed costs on issuing the claim, which are £25 court fee and £50 legal rep costs. So looks like they have added £93 to the PCN charge .

Coupon-mad

CEL add a false £82 that can be challenged using the CRA 2015 and the Beavis case and POFA (the rest is interest) and witness statements have already been written that you can copy from.

Search the forum for Civil Enforcement witness statement £82 or similar!