PCN County Court Claim

Jamboree_Bag

Have you considered making a counter claim?

Is there time to counterclaim? Sorry to be a div - but is a counterclaim done at the same time as this hearing? Am I wrong in thinking that I needed to do that at the same time as my defence?

Fruitcake

I don't know the answers to any of those questions, but one of the gov.uk websites might.
You can always make your own claim against the scammers any time in the next six years, but a counterclaim will stop the scammers pulling out of their claim against you.

Jamboree_Bag

Fruitcake said:

I would leave out para 12 as it introduces doubt. "Even if I had parked..." could be interpreted as, "well I might have parked there."

With regards to the envelope left on the windscreen, the DVLA have said this is not permitted. 

You seem to have all the important parts covered.
You weren't parked in the area scammed by the scammers, here's the proof.
Therefore the alleged event didn't occur and my data was obtained unlawfully.

Have you considered making a counter claim and/or at least claiming for costs for unreasonable behaviour?

Fruitcake said:

I would leave out para 12 as it introduces doubt. "Even if I had parked..." could be interpreted as, "well I might have parked there."

With regards to the envelope left on the windscreen, the DVLA have said this is not permitted. 

You seem to have all the important parts covered.
You weren't parked in the area scammed by the scammers, here's the proof.
Therefore the alleged event didn't occur and my data was obtained unlawfully.

Have you considered making a counter claim and/or at least claiming for costs for unreasonable behaviour?

What about if I say.............

"Even if the Parking attendant had reason to believe that the public road i had parked on was private land and was within his remit  he did not adhere to the 10 minutes grace period as specified in the claimant's witness statement, paragraph 34 “ A 10 minute grace period is also in operation……………..” This can only serve to highlight that the greedy, predatory culture of this organisation is endemic throughout its workforce.

Jamboree_Bag

Fruitcake said:

I don't know the answers to any of those questions, but one of the gov.uk websites might.
You can always make your own claim against the scammers any time in the next six years, but a counterclaim will stop the scammers pulling out of their claim against you.

TBH I want to go to war with them! All this time on my hands with social distancing etc -  I'll look at the Newbies again re: counterclaims

Thank you *

Fruitcake

Jamboree_Bag said:

Fruitcake said:

I would leave out para 12 as it introduces doubt. "Even if I had parked..." could be interpreted as, "well I might have parked there."

With regards to the envelope left on the windscreen, the DVLA have said this is not permitted. 

You seem to have all the important parts covered.
You weren't parked in the area scammed by the scammers, here's the proof.
Therefore the alleged event didn't occur and my data was obtained unlawfully.

Have you considered making a counter claim and/or at least claiming for costs for unreasonable behaviour?

Fruitcake said:

I would leave out para 12 as it introduces doubt. "Even if I had parked..." could be interpreted as, "well I might have parked there."

With regards to the envelope left on the windscreen, the DVLA have said this is not permitted. 

You seem to have all the important parts covered.
You weren't parked in the area scammed by the scammers, here's the proof.
Therefore the alleged event didn't occur and my data was obtained unlawfully.

Have you considered making a counter claim and/or at least claiming for costs for unreasonable behaviour?

What about if I say.............

"Even if the Parking attendant had reason to believe that the public road i had parked on was private land and was within his remit  he did not adhere to the 10 minutes grace period as specified in the claimant's witness statement, paragraph 34 “ A 10 minute grace period is also in operation……………..” This can only serve to highlight that the greedy, predatory culture of this organisation is endemic throughout its workforce.

That looks better.

Fruitcake

Jamboree_Bag said:

Fruitcake said:

I don't know the answers to any of those questions, but one of the gov.uk websites might.
You can always make your own claim against the scammers any time in the next six years, but a counterclaim will stop the scammers pulling out of their claim against you.

TBH I want to go to war with them! All this time on my hands with social distancing etc -  I'll look at the Newbies again re: counterclaims

Thank you *

They might pull out; they might bludgeon on. A countercalim if possible will prevent them pulling out. However, courts are closing and parking cases are lilely going to the bottom of the pile for many months to come. Even if they sent you and the court a letter of discontinuance, there is no guarantee the court would look at it and update the system to show it cancelled.
You probably therefore have time to research a counterclaim and even submit one, but as I said before, I have no idea how the process works or how you would go about it.

Do get stuck into the complaints. You have plenty of time to formulate and fine tune them.

Castle

Jamboree_Bag said:

Have you considered making a counter claim?

Is there time to counterclaim? Sorry to be a div - but is a counterclaim done at the same time as this hearing? Am I wrong in thinking that I needed to do that at the same time as my defence?

Correct...it would have to have been filed at the same time as your defence.

beamerguy

Even if you could, it's gets messy with a counterclaim and it forces both into court whereas the claim could be thrown out or VCS discontinue.   I would stick to your costs for VCS to pay you when you win

Jamboree_Bag

Should I send my costs schedule with my witness statement? Also is a skeleton argument mandatory/ expected- or can I get away without one?
Thanks all so much for your helpful replies.


beamerguy said:

Even if you could, it's gets messy with a counterclaim and it forces both into court whereas the claim could be thrown out or VCS discontinue.   I would stick to your costs for VCS to pay you when you win

 

Coupon-mad

Yes but not a 'costs schedule' as we have moved on from that heading to something stronger recently. 
You want a SUMMARY COSTS ASSESSMENT signed & dated with all your hours spent on this broken down, claiming £19 pr hour and all your printing costs (and potential costs for attending a hearing) due to the unreasonable conduct of the Claimant in issuing a PCN illegally on Council land.