UK CPM - CCJ issued

hiphop99

They have issued a new document - I will post here shortly.

My question is could I be liable for their costs if they win?

Johnersh

Issued a new claim from (as I believe ought to be the case) but which doesn't always happen.

Or, have they sent you the same one, but with a detailed 'Particulars of Claim'?

It'd Be handy to see a redacted court order following the recent hearing, when it's available. 

hiphop99

1. The Claimant is a Parking Operator managing the land at __________
2. The Claimant installed signs (i.e. the “Contract”) on the Land that set out its terms of parking. A copy of the
Contract is attached to these Particulars of Claim marked ‘Document 1’.
3. The Claimant entered into a Contract with the driver of the vehicle with Registration Number
(“the Vehicle”). A schedule is set out below;
4. Through the act of parking as described above, pursuant to the Contract, the driver accepted the
Claimant’s terms and was issued with a Parking Charge Notice for the sum set out in the Contract (‘the
Relevant Charge’).
5. The driver failed to pay the Relevant Charge within 28 days (‘the Relevant Period’) or indeed at all. The
Relevant Charge now forms the substantive element of this claim.
6. In addition to the Relevant Charge the Claimant claims £60.00 in general damages as a pre-determined
and nominal contribution to its actual losses suffered as a result of the Relevant Charge not being paid
within the Relevant Period.
THE DRIVER
7. Pursuant to Schedule 4 of the Protection of Freedoms Act 2012 (the ‘Act’), the Claimant has the right to
recover any unpaid parking charges from the keeper of the Vehicle and the ‘keeper’ of the Vehicle is
presumed to be the Registered Keeper, unless the contrary is proven.
8. Notwithstanding the above, the Registered Keeper is, pursuant to the Act, able to nominate who was
driving. The Registered Keeper nominated the Defendant in these proceedings and as such transferred
liability for the Relevant Charge.
1
CLAIM FOR INTEREST
9. The Claimant claims interest under S.69 of the County Courts Act 1984 at a rate of 8% from the date of 28
days after the charge until the date of issue of this claim (06 September 2019) and continuing at a rate of
£0.03 per day until judgment or earlier payment or alternatively at such rate that the Court thinks fit.
CLAIM FOR COSTS
10. The Claimant claims costs on contractual (indemnity) basis, pursuant to CPR 44.5, as the contract contains
an expressed indemnity clause permitting them to do so.
AND THE CLAIMANT CLAIMS:
(1) The Relevant Charge as a debt;
(2) Damages for the Defendant’s breach of contract in the sum of £60.00, as set out above;
(3) Statutory interest, as set out above; and
(4) Costs on a contractual (indemnity) basis pursuant to CPR 44.5, together with the fixed fees and costs of
issuing.

Le_Kirk

That is their new POC by the look of it but what did the actual court order say?

hiphop99

Le_Kirk said:

That is their new POC by the look of it but what did the actual court order say?

So this is different? What are the key differences?

I have not received the actual court order yet.

Johnersh

New particulars and they're still rubbish 😂

hiphop99

Johnersh said:

New particulars and they're still rubbish 😂

Johnersh - So how do I beat these clowns?

I just dont want to get slammed with some extortionate costs if they are successful. That is my worry.

Johnersh

You've got at least 2 weeks from now to respond. By then you should have your court order.

Once you have the documents, scan them or (having concealed personal info) use a pdf converter app on your phone to make a readable pdf document. Host it with Dropbox and then forumites can look at it properly. 

Le_Kirk

hiphop99 said:

Le_Kirk said:

That is their new POC by the look of it but what did the actual court order say?

So this is different? What are the key differences?

I have not received the actual court order yet.

You will have to compare these new POC to those received with the original claim.   Hopefully, the order would have said the claimant to serve new compliant POC within xx days and the defendant to submit amended defence xx days later.

hiphop99

Johnersh said:

You've got at least 2 weeks from now to respond. By then you should have your court order.

Once you have the documents, scan them or (having concealed personal info) use a pdf converter app on your phone to make a readable pdf document. Host it with Dropbox and then forumites can look at it properly. 

Sorry for the stupid question - The above pasted text is what I received as a PDF from Gladstones as I have asked for them to email me anything that they also post to me. It is two pages of text and a scan of the sign (not even a picture of the sign). What other documents are you alluding to?