CCJ Parking fine help

Coupon-mad

Lucky we are on the ball on this forum, eh?  Getting the claimant's name right is a fundamental detail!  Make sure you email the RIGHT parking firm's DOP by Googling ther name and the word 'privacy' to find the right privacy concerns email for SARs.  The SAR does NOT go to BW Legal.

Read the NEWBIES thread on set asides and crack on with the N244 and WS and draft order, as well.  Yesterday, Johnersh also posted a new form of words for the DRAFT ORDER that we suggest you also enclose.

harrypotter29

Thank you thats great ill do that now and post below 

D_P_Dance

That extra £60 is very likely to be unlawful, read this

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

Redx

As above , SAR by email to the DPO at UKPPO asap , with 2 redacted forms of I D , or a copy of the V5C a, 
Then read up about set asides and the court order etc as described above , it's all here if you look and search

harrypotter29

Thank you I have sent the SAR- I will complete my witness statement and Draft order now-ive been reading the posts in regards adding about the abuse of process regarding the £60 does this go in my witness statement - apologies i can only see this being added in peoples defense.
I also saw a post regarding the below - I was a little confused
supplementary WS and costs schedule.

Thank you All - I am trying to digest all the information and have lots of examples of witness statements but thank you for your help

Coupon-mad

'abuse of power' (please not again).  Where ARE posters getting that silly phrase from?

harrypotter29

@Coupon-mad apologies i have edited to abuse of process i have also found the below to add and amend for the the supplement WS (shortened to add in) - apoligies in advance for coming across the way I have - thank you for your help

6. Alleging that the letters the parking firm sent have caused an additional loss, is simply untrue. The standard wording for parking charge/debt recovery contracts is/was on the Debt Recovery Plus website - ''no recovery/no fee'', thus establishing an argument that the Claimant is breaching the indemnity principle - claiming reimbursement for a cost which has never, in fact, been incurred. This is true, whether or not they used a third party debt collector during the process.

7. The Defendant has the reasonable belief that the Claimant has not incurred an additional £60 in damages or costs to pursue an alleged £100 debt. The arbitrary addition of a fixed sum purporting to cover 'damages/costs' is also potentially open to challenge as an unfair commercial practice under the CPRs, where 44.3 (2) states: ''Where the amount of costs is to be assessed on the standard basis, the court will –
(a) only allow costs which are proportionate to the matters in issue. Costs which are disproportionate in amount may be disallowed or reduced even if they were reasonably or necessarily incurred; and
(b) resolve any doubt which it may have as to whether costs were reasonably and proportionately incurred or were reasonable and proportionate in amount in favour of the paying party.

Coupon-mad

That looks fine for the supplementary WS. 

Sorry - it wasn't personal, just frustration!
 We do get fed up with seeing people read about 'abuse of the court process' (which is a thing) and then go and type 'abuse of power' (which is not a thing in this context).

Redx

I am still not sure where POWER instead of PROCESS is coming from

I suppose it could be auto correct if using a tablet or similar, like predictive text, because it sometimes messes up my words when I use my android tablet, but its too common to be a one off

its like when we see the word Nottingham instead of Northampton regarding court papers, , yet only NO relate the 2 cities and its never Nottingham anyway

harrypotter29

Understood- i can see your frustration with the amount of effort you have put in making sure all the information is there- Ill pop the Witness statement and draft into the below soon - thank you for all your help