Abuse of Process -- supplementary

twhitehousescat

Mahershalalhashbaz said:

beamerguy said:

Which parking has this dimwit idea ?????   Anything above the ticket price is abuse of process

You have to hunt for those words on the sign, just as you have to hunt for the signs (this example is attached to a wall, just an inch or two above ground level).

ahh , so an authorised contractor can park his boat?
thats going to save the milkman some money over winter 

PS , I wanna see them ask the dvla for details of a boat or a trailer (non hgv) 

Mahershalalhashbaz

beamerguy said:

An IPC member, just as daft as the scam IPC. They need to understand the law
All part of the Gladstones / IPC scam

Losing the occasional court case on abuse of process is possibly factored into their business plan.  I expect that many of their victims will simply pay them whatever add-ons they demand rather than go to court.

beamerguy

Amendments to the Civil Procedure Rules bring mandatory changes to statements of truth

This information with thanks to henrik777 and Castle
AS FROM APRIL 6TH 2020

For witness statements, the statement of truth’s wording will be as follows:
I believe that the facts stated in this witness statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
=================================================
This means that in your Witness Statement you must tell the truth as you know it

It also means that parking companies and the legals who start court action will be bound by their statement of truth. Given that the trend is to add £60 or more to a claim, is this legal ?  The courts have said it is unlawful, the POFA2012 explains what can be charged and the ruling of the Supreme court in ruling 198: says very clearly that the amount of the ticket price includes the costs of collection.
Currently being used as an explanation for adding amounts is they are allowed to by each Code of Practice of the BPA and IPC.  The codes of practice only applies to the parking companies and NOT the motorist. It is not a law neither is it a contract. The BPA and IPC are advising companies to break the law.
https://forums.moneysavingexpert.com/discussion/6083229/bpa-cop-clause-19-9-and-34-8
ALL CLAIMS MUST LAWFUL AND THE £60 ADD-ON IS NOT

It now remains to be seen if those who issue claims are prepared to be in contempt of the law

There is nothing you can do until you receive a "letter before claim".  Such letters must be replied to and you can include a request of their legal authority of adding amounts above the parking ticket charge. Excluded of course will be a court fee of £25 and legal costs of £50 (both are allowed)
You can also confirm that you will only accept a legal claim that complies with 

Civil Procedure Rules

Missaver

Thanks, I will include that ending in my WS. 

D_P_Dance

It is right at the bottom, in tiny print.  I doubt that it would pass a "reasonability" test.  Is there no end to the mendacity of these companies?

https://en.wikipedia.org/wiki/Reasonability

Mahershalalhashbaz

beamerguy said:

Amendments to the Civil Procedure Rules bring mandatory changes to statements of truth

This information with thanks to henrik777 and Castle
AS FROM APRIL 6TH 2020

For witness statements, the statement of truth’s wording will be as follows:
I believe that the facts stated in this witness statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Presumably including knowingly false statements in witness statements should be deemed contempt of court even before the change in wording clarifies this point.  Perhaps contempt of court should be raised more frequently when defending claims brought by parking companies, not just in inflating their charges but in the various other dubious practices in which they may engage. 

beamerguy

Mahershalalhashbaz said:

beamerguy said:

Amendments to the Civil Procedure Rules bring mandatory changes to statements of truth

This information with thanks to henrik777 and Castle
AS FROM APRIL 6TH 2020

For witness statements, the statement of truth’s wording will be as follows:
I believe that the facts stated in this witness statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Presumably including knowingly false statements in witness statements should be deemed contempt of court even before the change in wording clarifies this point.  Perhaps contempt of court should be raised more frequently when defending claims brought by parking companies, not just in inflating their charges but in the various other dubious practices in which they may engage. 

YES ........ You expect them to follow the new rules ....... it tells them you know and so there is still ABUSE OF PROCESS and now the New Procedure rules

legal_magpie

I doubt I doubt whether it will make a blind bit of difference

beamerguy

legal_magpie said:

I doubt I doubt whether it will make a blind bit of difference

But we know that already ...... it will then be their choice to proceed and it will be the choice of the judge what he does to them ........ they will never know until the day in court. Not a positive thought for these dodgy legals

That all depends if the county courts are still open ?

Fruitcake

beamerguy said:

legal_magpie said:

I doubt I doubt whether it will make a blind bit of difference

But we know that already ...... it will then be their choice to proceed and it will be the choice of the judge what he does to them ........ they will never know until the day in court. Not a positive thought for these dodgy legals

That all depends if the county courts are still open ?

But when the courts reopen, the new CPR will be operational.