County Claim CP Plus/ DCB Legal

D_P_Dance

Theyn have wasted your time, consider wating theirs, read this

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

BellieBe

D_P_Dance said:

Theyn have wasted your time, consider wating theirs, read this

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

If we weren't both so short on time, I'd definitely consider it! The representative did say to the judge that he wonders if another judge would see things differently so I am a bit nervous that they might still appeal.

Redx

Doubtful , they would probably have to spend a hundred or two on a transcript , plus the appeal fee , so say two to four hundred to appeal , plus the legal fees for lawyers etc.

BellieBe

Redx said:

Doubtful , they would probably have to spend a hundred or two on a transcript , plus the appeal fee , so say two to four hundred to appeal , plus the legal fees for lawyers etc.

Ahh, thanks so much for that info! 

beamerguy

BellieBe said:

Finally!! Judge just dismissed the case at the rescheduled preliminary hearing. They did have representation this time, but the Judge basically struck out each PCN because the NTKs were non-compliant for keeper liability. They tried to insist they were pursuing the keeper as the driver but he rightly wouldn't allow it. He didn't even look at my defence or ask me any questions. He didn't award costs- not even the costs the judge had awarded for the no show- but it would have cost them plenty just getting it to this point.  So happy it's over- I posted about this originally on 11 May last year so it's been a long slog. Thanks so much everyone for your help.

Well done, you can get on with better things than dealing with timewasters.

Amazing that DCBL did not know the PCN's were non compliant ... that is incompetence and they led their lamb CPP to the slaughter house ..... 

Will they appeal ?  Appeal what ?   when you can show another Judge that the NTK's were non compliant 

And the legal rep saying "he wonders what another judge would say" ..... rather suggests they were hoping for a mug judge

Let's hope CPP have learned a very expensive lesson

Umkomaas

Judge basically struck out each PCN because the NTKs were non-compliant for keeper liability. 

A clued in Judge. Can you tell us the Judge's name and at which court please?

And well done on a great win. Months of garbage now dumped in the legal bin. Nice one.  👍

Coupon-mad

Yay - ANOTHER CP PLUS ONE BITES THE DUST!  Well done!

Did you have to talk the Judge through the POFA paragraph 9 and point out the lack of 9(2)f 'keeper liability' warning words?

Please can the Defendant send a very angry email complaint to the CEO of the Motorway Services - is it MOTO (as you said these were Motorway PCNs I assume it's MOTO, if not then Roadchef?).

They need to hear your wrath at this taking over your life over the duration of the pandemic.  Ask how the heck they justify their out of control contractor suing people for cases that were dormant since 2015, then losing in court and wasting people's precious time, and ruining consumers' peace of mind.

We have the emails of the CEOs of the Motorway Services and they MUST hear people's complaints about these ludicrous court cases, where CP Plus is scraping the barrel of old cases yet they have never used the POFA so can't pursue registered keepers anyway.

BellieBe

Umkomaas said:

Judge basically struck out each PCN because the NTKs were non-compliant for keeper liability. 

A clued in Judge. Can you tell us the Judge's name and at which court please?

And well done on a great win. Months of garbage now dumped in the legal bin. Nice one.  👍

It was District Judge Byfield in Horsham.

BellieBe

Coupon-mad said:

Yay - ANOTHER CP PLUS ONE BITES THE DUST!  Well done!

Did you have to talk the Judge through the POFA paragraph 9 and point out the lack of 9(2)f 'keeper liability' warning words?

Please can the Defendant send a very angry email complaint to the CEO of the Motorway Services - is it MOTO (as you said these were Motorway PCNs I assume it's MOTO, if not then Roadchef?).

They need to hear your wrath at this taking over your life over the duration of the pandemic.  Ask how the heck they justify their out of control contractor suing people for cases that were dormant since 2015, then losing in court and wasting people's precious time, and ruining consumers' peace of mind.

We have the emails of the CEOs of the Motorway Services and they MUST hear people's complaints about these ludicrous court cases, where CP Plus is scraping the barrel of old cases yet they have never used the POFA so can't pursue registered keepers anyway.

No, he talked through their lack of compliance himself. Although it was part of the defence, I don't think he even read the defence as saw the case was flawed from the start. They had changed it on the last two NTK but still not compliant. They tried to argue that it was implied, but the Judge wasn't having it.

I really think they were chancing it that the Judge would side with them that based on the number of tickets and the fact that he never said otherwise, that DH was the driver by default. Judge wasn't having that either. Especially with the nearly 6 year time lapse.

Thank you. Is it a different CEO for each Motorway? It is MOTO.

woodpecker44

Well done on your win. It's good to see several scamvoices bite the dust all at once!

For Moto complain by email to CEO Ken.McMeikan@moto-way.co.uk and Commercial Manager Paul.Comer@moto-way.co.uk

For Roadchef complain to Commercial Manager luke.gross@roadchef.com


I don't know the Roadchef CEO email but somebody on here will do..........