Abuse of Process -- supplementary

legal_magpie

The advocates have to do the best they can. They are usually freelance and often realise that they are in difficulties. 

Snakes_Belly

You are doing a great job Beamer.  It's a shame though that many motorists just pay up. The PPC's must have scammed millions out of people who don't defend the claim. 

Snakes_Belly

llegal_magpie said:

The advocates have to do the best they can. They are usually freelance and often realise that they are in difficulties. 

Yes, I think that the advocate who represented Excel in my case was a freelance probably Elms. He was a barrister who had been called to the Bar but I don't think that he had managed to obtain a pupillage. I guess that if he has not managed to now this is the only sort of work that he will get.

beamerguy

Snakes_Belly said:

llegal_magpie said:

The advocates have to do the best they can. They are usually freelance and often realise that they are in difficulties. 

Yes, I think that the advocate who represented Excel in my case was a freelance probably Elms. He was a barrister who had been called to the Bar but I don't think that he had managed to obtain a pupillage. I guess that if he has not managed to now this is the only sort of work that he will get.

Agreed and for now and the forseeable future it will be less and less

legal_magpie

I had great fun in my flight delay claim against TUI when at the hearing, having been presented with my skeleton argument, a very young and very pleasant  barrister asked me "This is well prepared. Do you have any legal training?" His reaction when I told him of my background was priceless especially as TUI had failed to send him my witness statement. 

Snakes_Belly

legal_magpie said:

I had great fun in my flight delay claim against TUI when at the hearing, having been presented with my skeleton argument, a very young and very pleasant  barrister asked me "This is well prepared. Do you have any legal training?" His reaction when I told him of my background was priceless especially as TUI had failed to send him my witness statement. 

I think that these young barristers that work for firms like Elms have completed their exams and been called to the Bar but have not been able to obtain a pupillage which would enable them to work for a chambers. It's very unlikely that they will obtain a pupillage in the current climate and there is a lot of competition.  So they are limited to working for firms like Elms and as Beamer says, that work is drying up.

I don't think that they enjoy representing these parking companies.  

D_P_Dance

A former tenant is a solicitor.  She told me that she applied to 2,000 firms before she obtained a training contract.  

beamerguy

D_P_Dance said:

A former tenant is a solicitor.  She told me that she applied to 2,000 firms before she obtained a training contract.  

I guess after we get back to some sort of normal, their will be a mega surplus of legals as firms shrink or go bust

Coupon-mad

The rep for LPC Law in OPS v Ms W at Lewes was not young and has been with LPC Law for several years. 

It was easy to see that info online. I looked him up because he was clearly angry with me(!) and very aggressive when cross examining Ms W.  I discovered he has passed bar exams and handled criminal cases, which is how he made Ms W feel.  If this is what he does every day, I feel he needs to take a long, hard look at himself.  Not all LPC Law reps are like that.  I've heard good things about Mr Richardson on the Sussex circuit.

dadsma

beamerguy said:

“The missing part of this jigsaw is who adds the £60 fake charge ?”
Here are some examples copied from letters sent by PPC’s and their debt collectors/solicitors who I’ve helped others to fight:-

Parking Eye - Nothing said about extra charges - Debt Recovery Plus added £60 without explanation.

P4 Parking (UK) Ltd - the debt collector TNC wrote “if the charge remains unpaid it will be passed to our recovery team where additional fees will be added”. Parking charge £100. Admin Charge £79 (sometimes the admin charge was £49).

Napier - their debt collectors BW legal added £60 “initial legal costs” in their first letter.

Parking & Property Management Ltd. - Gladstones Letter Before Claim added £60 “...claimed by our client for the time spent and resource facilitating the recovery of the charge. The amount is a pre-determined and nominal contribution to our client’s losses as a direct result of your non-payment”.

PMC (UK) Ltd - “We may refer the case to our instructed debt recovery company and/or solicitors at which point the charge will increase to £160”

Local Parking Security Ltd - their debt collector DRP added £60 without explanation.

Euro Car Parks - “you may incur additional charges from civil action being taken against you”

Parking Charge Ltd - “additional charges may be recoverable from the liable party if debt recovery action (or court proceedings) become necessary”

UK Parking Control Ltd - “Failure to pay may result in us instructing a debt recovery agency. At this point an additional charge of £60 will be applied in accordance with the terms and conditions of parking”