Court claim form - Horizon Parking

daniellog

Coupon-mad said:

OK, reply to the Order and say you believe you have a right to object to an Order of the court made of its own volition, and point out that the reason the claim was dismissed was due to the fatal abuse of process of adding unrecoverable sums to the parking charge, and if the claim does not now stand dismissed as a result of the hearing then you attach a Draft Order for the claim to instead be struck out.  Given that the abuse of process is a matter of fact, the claim should be struck out in the same way that many claims from parking firms now are.

And attach a draft order based on the words of this attachment (i.e. copy this Judge's words but remove the stuff about setting aside a CCJ, and an 'application being granted' and 'writ of control being stayed' and leave the dates blank for the Judge to fill in...!). Show us your Draft Order...

Here is my draft order,

"In the County Court at York

Claim Number: XXXX

HORIZON PARKING LTD (Claimant)

XXXX (Defendant)

DRAFT ORDER

Before Deputy District Judge Mark sitting at the County Court at Piccadilly House,
55 Piccadilly,  York,  YO1 9WL

 

AND UPON the Defendant's application being granted

 

IT IS ORDERED THAT

 

1.     The Judgment dated XXX is hereby set aside

 

2.     Upon it being noted by the Court that the claim contains substantial additional charges in addition to the alleged parking charges, and the additional charges not being recoverable under Schedule 4 of the Protection of Freedoms Act 2012, nor with reference to the Judgment in Parking Eye v Beavis, nor with reference to the list of unfair terms in Schedule 2 of the Consumer Rights Act 2015 (examples 6, 10 and 14), it is held that it is an abuse of process for the Claimant to issue a knowingly inflated claim for a sum which it is not entitled to recover. Accordingly, the claim is hereby struck out. 

Dated XXXX"

Is this okay?

DoaM

daniellog said:
Here is my draft order,

"In the County Court at York

Claim Number: XXXX

HORIZON PARKING LTD (Claimant)

XXXX (Defendant)

DRAFT ORDER
Before Deputy District Judge Mark sitting at the County Court at Piccadilly House,

55 Piccadilly,  York,  YO1 9WL

 AND UPON the Defendant's application being granted

 IT IS ORDERED THAT

 1.     The Judgment dated XXX is hereby set aside

 2.     Upon it being noted by the Court that the claim contains substantial additional charges in addition to the alleged parking charges, and the additional charges not being recoverable under Schedule 4 of the Protection of Freedoms Act 2012, nor with reference to the Judgment in Parking Eye v Beavis, nor with reference to the list of unfair terms in Schedule 2 of the Consumer Rights Act 2015 (examples 6, 10 and 14), it is held that it is an abuse of process for the Claimant to issue a knowingly inflated claim for a sum which it is not entitled to recover. Accordingly, the claim is hereby struck out. 

Dated XXXX"

Is this okay?

I suggest you clean your glasses ......

Coupon-mad said:

And attach a draft order based on the words of this attachment (i.e. copy this Judge's words but remove the stuff about setting aside a CCJ, and an 'application being granted' and 'writ of control being stayed' and leave the dates blank for the Judge to fill in...!). Show us your Draft Order...

daniellog

Okay so it's just point 2 I need?

nosferatu1001

Yes. As you were told...

Coupon-mad

No, you've left in:

AND UPON the Defendant's application being granted, 

You didn't make an application and are not doing that.  Should be (maybe?):

AND UPON reading the email from the Defendant in reply to the Order of the court and giving due consideration of the fact that the claim represents an abuse of process and the duty upon the court per s71 of the Consumer Rights Act 2015 to consider the fairness of a consumer contract when sufficient information is before the court

 IT IS ORDERED THAT

1.  The claim is hereby struck out without a further hearing

2. (as before)

3.  Costs in the case - the Claimant shall pay the sum of £xxx being the costs of the defendant.

*3 might not be relevant in your case, if not, remove that

daniellog

Just got off the other call, they did turn up this time. It was a different judge. Apparently the signage was "adequate" and I should have been able to see it from the car and the judge agreed on this which is ridiculous. I did manage to challenge the £70 additional charge as it wasn't on any signs and they removed it. But then I was ordered to pay the £85 PCN and £100 in court fees. It's depressed the hell out of me and I feel like I've been mugged.

Le_Kirk

Tough luck on the loss, typical example of judge lottery but at least you had the additional costs removed.

daniellog

Could I appeal it in any way or is that that?

Redx

Did the judge give leave to appeal ?? You were on the call so should have heard it or asked for leave to appeal whereas we were not included in that phone call so have no idea

You will receive a copy in the post,  and that should say
Appealing costs money , that you may not get back , you have to prove the judge erred in law , so did they ?

A typical loss in court is up to £200 , so at least the figure is in that ballpark

daniellog

No appeal was mentioned in the call. I didn't realize I had to mention it.