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County Claim CP Plus/ DCB Legal

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  • Le_Kirk
    Le_Kirk Posts: 24,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    BellieBe said:
    Just wondering, could that open the PCN’s up to being pursued again with the correct details? Is it better to just stick with Abuse of Power to avoid having to go through this for a second time?
    That will be a decision for the PPC and just to advise that: -
    1.  It is Abuse of Process
    2.  Abuse of process is not a defence point, rather it is a way of limiting the cost to the original £100 (should the unthinkable happen and you lost), however it has caused several judges to strike out the whole claim.
  • BellieBe
    BellieBe Posts: 93 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    Oops, that’s what I meant. They, of course, have no power. Have edited OP.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Could you please show us a breakdown of their claim
  • BellieBe
    BellieBe Posts: 93 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    Yes- 
    8 PCN’s ar 3 different MOTO/Roadchef, Standard £100 + £40 debt charge. (£1120)
    Somehow they’ve turned that into
    £1360 for PCN & damages? 
    Plus interest= Amount claimed ~ £1900
    Plus court/legal rep ~ £2100 Total

    All “vehicle remained” reasons. 1 looks to me like a double dip (8 hrs). The rest are about an hour overstay.

  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    BellieBe said:
    Yes- 
    8 PCN’s ar 3 different MOTO/Roadchef, Standard £100 + £40 debt charge. (£1120)
    Somehow they’ve turned that into
    £1360 for PCN & damages? 
    Plus interest= Amount claimed ~ £1900
    Plus court/legal rep ~ £2100 Total

    All “vehicle remained” reasons. 1 looks to me like a double dip (8 hrs). The rest are about an hour overstay.

    So 8 x £100 = £800. So they have added an unlawful amount of £320  
    How have they calculated the interest, at what rate over what period.
    How much have they charged for the court fee and how much for legal costs
  • BellieBe
    BellieBe Posts: 93 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    By my calculations on that £800 (using their same interest rate) Interest should be £329. 
    Which means they are asking for an extra £600. 😬 
  • Castle
    Castle Posts: 4,793 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    BellieBe said:
    Yes- 
    8 PCN’s ar 3 different MOTO/Roadchef, Standard £100 + £40 debt charge. (£1120)
    Somehow they’ve turned that into
    £1360 for PCN & damages? 
    Plus interest= Amount claimed ~ £1900
    Plus court/legal rep ~ £2100 Total

    All “vehicle remained” reasons. 1 looks to me like a double dip (8 hrs). The rest are about an hour overstay.

    £1,360 divided by 8 is £170; so they have probably added £70 for each PCN.

  • BellieBe
    BellieBe Posts: 93 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    Yes but not sure why. On the original claims it says £40 for debt collection...
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 14 May 2020 at 1:04PM
    Classic case of changing numbers over time , the current figure tends to be £70 so castle seems to have found the reason , ipeven if it's not reasonable

    Do not expect common sense or simple maths to prevail here , these people are numpties so treat them as such

    Getting down to the nitty gritty and showing their incompetence should help you to win , or to reduce the sum awarded

    Abuse of process is not a defence point to the 8 PCN,s
  • BellieBe
    BellieBe Posts: 93 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    I’m confused as the abuse of process seems to be a large chunk of the defence template.  
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