Counterclaim for vexatious litigation to a PPC

Lockable

Hello there, having searched for information to answer my question, I'm still left unsure. My situation is that I've received an MCOl from a PPC stemming from an event 5 years ago. They've been in touch every 6 months or so with begging letters but this is an escalation. The bottom line for them is that they don't know who the driver was & at no point have they adhered to POFA 2012 & so it seems to me that they have no chance. For example the NTK was 122 days after the event.  I've written back to them many times to point this out ( often with a deeply sarcastic & cynical tone ) anyway, here we are at the brink of a county court action. I've rejected the claim & said I wish to pursue a counterclaim as this is just bullying & harassment. They knew from the first moment that keeper liability wouldn't work, they had it pointed out numerous times. Am I on strong ground to do this? If so, how much is realistic? What line should I take?
Cheers in advance.

KeithP

What is the Issue Date on your County Court Claim Form?

It looks like you may have filed an Acknowledgment of Service. When did you do that? MCOL Claim History will have the definitive answer.

Who is the Claimant?

Lockable

This has all happened in the last couple of weeks. The acknowledgement of service allows for a counterclaim to be filed, I indicated that I wanted to do this not just defend the claim. I can now pay a fee to to counterclaim or let it drop. I want to punish them for this hassle & for there hubris, but want to know whether it's worth the effort & expense on my part.

D_P_Dance

I wish you the best of luck but believe that the bar for VL is very high indeed, I very much doubt that this would fly.  Have you considered  abuse of date/harassment as an alternative?

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, and an independent appeals service will be set up,

opefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

 

Lockable

Thanks for this D_P_Dance.
Do you know if it's possible to re-direct my counterclaim for VL at any point before the court date?
Sadly my local MP is a corrupt Tory & I'd rather not soil my shoes contacting them.

nosferatu1001

No, you cannot change your counter-claim later on. You must particularise it now, and stick to it. 
Tell us the dates above. You were instructed to do so for a reason. 

Lockable

nosferatu1001 said:

No, you cannot change your counter-claim later on. You must particularise it now, and stick to it. 
Tell us the dates above. You were instructed to do so for a reason. 

Issue date was 12 aug. '20

Umkomaas

Who is the PPC claimant?

Lockable

Umkomaas said:

Who is the PPC claimant?

Conkai Security. Oxford.

nosferatu1001

Have you filed your defence? the counterclaim is filed alongside. 
You were also told to tell us when you acknowledged service
PLease
Dont make people ask 2 or 3 times. Youre going to annoy. 

Umkomaas

There's been some recent postings on Conkai and their status (can't recall the fine detail), so please do a forum search on their name and see whether any of the discussions help you.