Help Please... NCP PCN BW Legal

D_P_Dance

They asked for £247, how much did he award.?

I have 21 days to appeal if anyone would like to take it on or   

That surely is up to you, 

Le_Kirk

Mrplay123456 said:

The Abuse of Process template is not any good anymore, judge stated they are legally entitled to charge the extra... All other reference to judgements were ripped apart by the judge and none of the information about AOP was relevant.
Waiting for the summary of the decision and will post when it arrives.

This is going to be changed soon by its author @Coupon-mad however it was never meant to be a defence, only a way of removing the spurious "debt management" or "admin" or "recovery" costs.  In your case it failed for some reason, possibly a judge who doesn't understand POFA or consumer rights act or the Beavis case all of which state that you cannot add spurious costs.  What was the reason you lost?  It won't be down to the AoP.

nosferatu1001

Its not entirely wrong. A JUDGEMENT was appealed
ONE
ONLY ONE
Out of the dozens they lost
Did you raise that?

Mrplay123456

Signage was correct at the time and the terms had the clause for debt recovery, even though I could not read the sign on the photos, judge just said bad photo, they were displayed.  Listening to his ruling, they are ok to add costs it is in the T&C and were not high. He did understand and felt for me on my confusion that the carpark had changed the way it operated and how I made a human error not paying the correct amount for the duration of my stay. He pushed away all of the AOP and said most have been overturned.  All other parts in my WS were addressed but there was no way He was agreeing with any of them.

Mrplay123456

The POFA and consumer right point were talked about and put down on every point by the Judge

beamerguy

I lost..... Judge says no abuse and said they can charge the £60 recovery charge... Also quoted that the Judgements before about AOP where appealed and are not applicable now..

Where is the court ??   
I wonder why a judge who sits in the lowest court in the land, ignores the Supreme court, the highest authority in the land. Also ignores POFA and the court's own ruling of Double Recovery. This must be questioned before the county court system becomes a complete farce, which they are close to now

 judge stated they are legally entitled to charge the extra

Again I wonder where the judge got this from ? Has the Supreme court changed it's mind, Has POFA been changed without our knowledge and is their no longer a court ruling about double recovery ?

nosferatu1001

The judge was wrong. SImple. 
Thats litigation risk
Your anecdote is not data. 

D_P_Dance

If the judge was wrong  then surely his/her decision will be reversed on appeal and all your costs refunded.  Or am I being naive? 

Mrplay123456

beamerguy said:

I lost..... Judge says no abuse and said they can charge the £60 recovery charge... Also quoted that the Judgements before about AOP where appealed and are not applicable now..

Where is the court ??   
I wonder why a judge who sits in the lowest court in the land, ignores the Supreme court, the highest authority in the land. Also ignores POFA and the court's own ruling of Double Recovery. This must be questioned before the county court system becomes a complete farce, which they are close to now

 judge stated they are legally entitled to charge the extra

Again I wonder where the judge got this from ? Has the Supreme court changed it's mind, Has POFA been changed without our knowledge and is their no longer a court ruling about double recovery ?

He said it was legal to add recovery charges of the £60, as it was in the T&C I quoted the Court ruing and the POFA 

Mrplay123456

Stoke on Trent, Staffordshire