Now at Mediation

nosferatu1001

Its...not a good defence.
Its a witness statement, and even then not a good one. 
Have you NOW read the newbies thread, to see what a *good* defence looks like, so you can see the holes you need t opatch up?
You dont even deny you owe them the sum claimed. 

MrEnigma

nosferatu1001 said:

Its...not a good defence.
Its a witness statement, and even then not a good one. 
Have you NOW read the newbies thread, to see what a *good* defence looks like, so you can see the holes you need t opatch up?
You dont even deny you owe them the sum claimed. 

OK, so my defence is not good, how can I change it?

MrEnigma

OK, so I have received by post the DQ, advice from this forum suggests to reply no to the SCMS. Now I'm at a loss, as I only started reading these forums, after I had entered my defence online. Can somebody please be kind enough to advise the way forward. Some threads are 3800 long. That's quite a lot to digest. I also note there is now a law that the private company cannot add inflated prices. So when can I start to use this as a defence?

Redx

your defence has already been filed, so you cannot add to it or change it unless you pay a sum of perhaps £100 or more (I am not sure of the exact figure)

when I say "your defence" , its a witness statement and not a defence , but it is what you have written and so must count as your "defence" , warts and all

when it comes to the witness statement + exhibits stage you can attempt to rescue your case by picking holes in their POC and what you have learned etc since submitting your "defence"

which "law" says this that you speak of ? (where you say "there is now a law that the private company cannot add inflated prices") - I have never seen that said in any law ?

there is the CRA 2015 where you can state that they have failed the CRA by mentioning abuse of process , but the law itself does not actually state what you have said in regards to parking

MrEnigma

Thank you for your quick response. 
Looks like I'm mistaken on the law of excessive charges. I'm sure i read somewhere here, that cases against Gladstone have been thrown out of court with reference to 'something' I've looked at the newbie thread, and it is rather daunting. Happy to read, but really need some more direct pointers.
Thank you.

MrEnigma

So Form N180
I should tick No, and in box C1, 1.state a defence, 2 state CRA2015?

Redx

this isnt a legal aid forum , its a consumer rights forum, so dont expect miracles or a free barrister or solicitor to assist in your court case about contract law (read my signature)

you are correct that some , only some , court cases have been thrown out due to abuse of process and the CRA 2015 etc , plus the BEAVIS court case (not law) where the costs of recovery are deemed to be in the initial pcn charge issued by the parking company

you can see this in the threads by basher52  , CEC16 , beamerguy etc

allowed charges are as follows

[quote]

£100 - original parking charge
£25 - court filing fee
£25 - hearing fee, if it gets that far
£7 or £8 interest.
£50 - solicitor costs for preparing case papers (maximum, capped) - where applicable

So not much more than £200 - IF YOU LOSE!

Anything else they try to add will be spurious and must be challenged with the Judge.

IF YOU WIN - none of the above will be payable by you. But you could claim:

£95 capped maximum for loss of earnings/annual leave for half a day (take pay slips for proof)
Travel costs - public transport or mileage x 45p per mile
Parking costs.

If the PPC has been wholly unreasonable in dealing with the court, then costs awarded against them could be considerably more, but the bar is set very high. We would advise nearer the time if we think this is worth you pursuing.

[/quote]

if a parking company drops the excess charges (the abuse of process) you are left to defend the core terms of the pcn and the court case, which is about the incident , not the spurious charges, plus not every judge throws out cases due to the spurious charges, some courts fare better than others

Redx

MrEnigma said:

So Form N180
I should tick No, and in box C1, 1.state a defence, 2 state CRA2015?

read the bargepole guide to filling in a DQ

email the final copy to the CCBC and post a copy to the claimant

MrEnigma

Thank you very much indeed sir!

MrEnigma

Ok, the DQ has been completed as per bargepole post, and a request for oral hearing at my local court. Research suggests it takes 20+ weeks. So I will keep you posted.