£400 court claim arrived - PCNs never received

Le_Kirk

buzzerbee wrote: »

Amount claimed - £333.44*
Court fee - £35
Legal rep's cost - £50
Total - £418.44

*Claimant's claim is £200 plus statutory interest at 8% annum (£13.44) plus £120 contractual costs

I see they are claiming £35 for filing fee, this is assuming it is a paper application, otherwise it is £25 for on-line application.

Umkomaas

Le_Kirk wrote: »

I see they are claiming £35 for filing fee, this is assuming it is a paper application, otherwise it is £25 for on-line application.

It's more likely to be an online claim as £35 is the fee for a claim of £300.01 to £500. A paper claim would cost £50 for that amount.

https://www.gov.uk/make-court-claim-for-money/court-fees

buzzerbee

Thanks for the reminder, I will indeed be adding the text relating to abuse of process. I'll repost the defence draft as soon as it looks ready to go.

Just about to send the SAR. Draft below. This forum has been invaluable for getting text together.


Dear Sir or Madam,

Subject access request (General Data Protection Regulations (GDPR))

Please supply the data about me that I am entitled to under data protection law relating to myself.

- all ANPR video footage of the vehicle of which I was the registered keeper, recorded on XXXXX and XXXXX
- copies of all correspondence sent to me
- all data held about me, and a full copy of any PCNs
- a list of all PCNs considered outstanding against me
- the logic of any automated decision-making where my personal data has been carried out in an automated way

If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month and for the request to be processed without charge.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully,

Umkomaas

If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month and for the request to be processed without charge.

That is likely to give them wriggle-room to delay their overall response, by leaving that for a couple of weeks, then coming back to you to ask for whatever they decide they might want.

Simply send a copy of your V5C (logbook), which is sufficient to prove your bona fides.

buzzerbee

Thanks for all advice. SAR progressing nicely, Premier Parking Solutions providing prompt and agreeable replies to all emails!

Problem now is a BW Legal letter has arrived which has concerned me somewhat. It states that if I lose a hearing a judge will award a CCJ - or dismiss the claim. It also says BW Legal will seek to recover fees and additional costs if they're successful.

What kind of costs can be expected if I lose? And if I lose BW Legal are suggesting I still get a CCJ?

Is a court hearing inevitable, or can claims be settled before? Would there be any sense in appealing to Premier Parking Solutions directly?

Was feeling quite confident and content to proceed with a defence but this BW Legal letter has succeeded in scaring me off.

Umkomaas

Anyone who loses in a small claims court gets a County Court Judgment recorded against them, it's what happens next that determines whether it has any subsequent affect on your creditworthiness and your life.

Pay it off like a good boy/girl by when the Judge orders (normally 1 month) and the CCJ is totally expunged from the records - credit rating unaffected. Fail to pay it off by the due date - 6 years of credit grief.

Completely in your own hands how it plays out.

Potential costs if you lose:

£100 PCN
£25 court filing fee
£25 hearing fee
£50 claimant solicitor costs (capped maximum)
£x - small amount of interest.

That's it.

However you have to be alert to the claimant/solicitor adding other 'contractual' costs (usually £60) which are not allowed, but you will have to argue that with the Judge in your prior paperwork and/or at your hearing. Please read beamerguy's thread 'Abuse of Process' to learn more on these (disallowable) added costs.

Coupon-mad

Is a court hearing inevitable, or can claims be settled before? Would there be any sense in appealing to Premier Parking Solutions directly?

Don't even think about paying it off or ringing PP to negotiate with parking sharks.

Stay confident, we wouldn't help so many people with defences if they all risked a CCJ.

None do.

beamerguy

As said above ^^^

You said
Problem now is a BW Legal letter has arrived which has concerned me somewhat. It states that if I lose a hearing a judge will award a CCJ - or dismiss the claim. It also says BW Legal will seek to recover fees and additional costs if they're successful.


There are a lot of "if's" from BWLegal
In reality, they don't have a clue what will happen and you could say the same back .... "When you win, you will claim your costs" ?

It's the constant ABUSE OF PROCESS by BWLegal that is dangerous for them as you have the support of other courts who have spanked BWLegal of late and those spankings will continue until BWLegal cease their attempt to scam the public and the courts

buzzerbee

Hello again,

Thanks for the responses - it's good to have encouragement to continue with this process.

Have received the SAR and the PCNs, and have also obtained photographs of the terms and conditions signage from the car park. It's now clear that a lot of the Defence will come down to Premier Parking's wording, their terminology and the definitions of 'parking', 'carpark' and 'pay and display'.

The question is, how much detail should be gone into in the Defence? Is the Defence an appropriate document to add multiple points quoting dictionary definitions?!

Redx

the defence sets out your legal position on numerous points

your WS + Exhibits stage later on explains the nuances , case law etc

if you dont know what a defence looks like , you haven't studied the 17 examples in the newbies thread , post #2