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Vehicle Control Services PCN in a residential car park

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Comments

  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    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. 
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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.
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 10 June 2020 at 12:44PM
    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.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    "*" 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.
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    D_P_Dance said:
    Whether it would be wise to do so is neither here nor there.   .  
    Now that's just silly.

    Surely a man of your alleged standing does not work to such principles?
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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.
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