DCB legal and CP Plus re Roadchef Service Stations

wildflynn

Coupon-mad said:

Abuse of process is not a defence to the parking charges though.  It's a defence to the added fake damages, but not the core issue.

The fact that you contacted them (who?) and were told they would be voided, is your evidence that supports your defence.  Please show us your draft WS & evidence list and your costs assessment, as you see in other example threads by people like @keypulse and @Chefdave.

Have you got a hearing date yet and a date to file & serve your WS & evidence?

Is the Defendant named on the claim a company (keeper) or an individual known driver?

Hi Understood that it's not a defence to the parking charges. I will post myWS once ive done it and no i've not yet been given a hearing date or date to file.
Defendants name is an individual driver 

wildflynn

Le_Kirk said:

wildflynn said:

Thanks @Le_Kirk I'll do that as a WS. They have added the false admin charges, so hopefully that will do the trick

You have to read what I have pointed you to and use it to compile your own witness statement because what you will be copying is a defence written as a set of technical and legal arguments and in the Third Person whereas a WS is written in the First Person and is a narrative of what happened on the day and subsequently.  The point of using the Abuse of Process part is to focus the judge on the additional admin fees or contractual costs (which they are not allowed to add) and, if you happen to lose the case, ask the judge to remove them.  Sometimes (well quite a lot) the judge will throw out the whole case.  You are trying to overcome a poorly constructed defence and a WS is not a way of filing an amended defence (it costs £100 to do that) but a way of supporting your defence and introducing evidence to back up what you did submit.

ETA: - I now see that @Coupon-mad has posted similar (and more) advice.

Yes thanks, I'll write it in first person and post here first. thanks understood