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Vehicle Control Services PCN in a residential car park
Comments
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What is the effect of making a counterclaim on the probability of the PPC going away?
There are over 200 PPCs, each may react differently.You never know how far you can go until you go too far.0 -
You also cant counter claim for your time spent on this case; that is costs of the claim, and not a separate claim
To counter claim you would be looking for causes of action, such as breach of DPA2018, breach of lease, trespass to your land, tortious interference with goods, etc.2 -
You also cant counter claim for your time spent on this case
As I keep telling you, you can do what you like. Why do you keep raising this. What I think you mean is that you will not get them. Perhaps not, but if you instance unreasonable behaviour, and the judge agrees, you are likely to be compensated for your time.You never know how far you can go until you go too far.0 -
As i keep telling you, I will not advise people to breach the overriding objectives of the court, nor will I advise they make a counterclaim that is doomed to failure and is itself an abuse of process.
You CANNOT counterclaim for cost, because to do so is *unlawful* and is almost certainly unreasonable behaviour, as it is a vexatious claim with no prospect of success.
Feel free to advise people to work contrary to the courts process, but I will not do so, and I will not alter my posts.
You are in the wrong on this.5 -
You CANNOT counterclaim for cost, because to do so is *unlawful*
If is is unlawful why have you used parentheses? I can assure you that I am not in the wrong, you are, (but I am sure you mean well). However I shall continue to question you posts where I discern an inaccuracy.You never know how far you can go until you go too far.0 -
"*" is not a parens, it is a way of adding emphasis in text only mediums. Its been in use for 40 odd years now (goes back to terminals such as the VT200, good old greenscreen, which had no capacity for bold, italic etc fonts)
Not goin g to get suckered further into this, you are not worth the time on this topic. You are wrong.
OP - if you counterclaim for costs of the claim, you
- open yourself up to abuse of process claims by the C
- can be seen as unreasonable by the court
- are in breach of the overriding objective, as you are wasting the courts time
-> which can result in you not only losing your counterclaim, but being found liable for their costs under CPR27.14(2)(g)
So, while technically you "could" file such a counterclaim, to do so is completely inadvisable.4 -
The fact is you said "You cannot" whereas you now concede that you can . Whether it would be wise to do so is neither here nor there. .You never know how far you can go until you go too far.0
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This is a linguistic argument, behaviour/outcome is not part of it.You never know how far you can go until you go too far.0
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There are many things that one could do, that are also unlawful. Arson, for example.D_P_Dance said:The fact is you said "You cannot" whereas you now concede that you can . Whether it would be wise to do so is neither here nor there. .
Rather than enumerate all of them, saying "cannot" is far, far simpler
Feel free to advise people to do things that are unlawful, I will not do so.
This is another pointless waste of time.
OP - hopefully you understand that yes, technically you could file a counterclaim that is not only doomed to failure, but could see you paying their full legal fees - which if theyre sensible they'll ramp into low four figures, because theyll see such an action as laughably stupid and take advantage - this isnt an action anyone sensible would condone.
Or, you could follow D_Ps advice. Your call.5
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