Counterclaim for vexatious litigation to a PPC

Lockable

nosferatu1001 said:

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. 

As I stated above, "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." so YES I have filed my defence.  On the 25 Aug. 
I filed a counterclaim at the same time as I said. The fee is now payable & I can choose to proceed or let it drop.

Castle

Umkomaas said:

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. 

They "cropped up" on the CST letters' forum group thread, (basically they don't appear to be an AOS member):-https://forums.moneysavingexpert.com/discussion/comment/77517711/#Comment_77517711

Umkomaas

Castle said:

Umkomaas said:

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. 

They "cropped up" on the CST letters' forum group thread, (basically they don't appear to be an AOS member):-https://forums.moneysavingexpert.com/discussion/comment/77517711/#Comment_77517711

Yep, that's the one. 👍

nosferatu1001

Lockable said:

nosferatu1001 said:

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. 

As I stated above, "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." so YES I have filed my defence.  On the 25 Aug. 
I filed a counterclaim at the same time as I said. The fee is now payable & I can choose to proceed or let it drop.

You misunderstand the process, probably
Acknowledging service does not  mean you have already filed a defence. The former does not require the latter. WE know this for a fact
SO you need to be more precise. As you now have apparently filed a defence, what, precisely, did you put? You kept a copy....?

Coupon-mad

I filed a counterclaim at the same time as I said.

Did you?  What did it say? 
You'd need to argue the points of law to counterclaim.  ''Vexatious litigation'' is not a counterclaim reason.

Misuse of your DVLA data is open to claim compensation.

Harassment is open to claim compensation.

Breach of the Consumer Protection from unfair Trading Regs (as amended) is open to claim compensation.

But you'd have to explain a fully pleaded argument as to why.  I think I've shown a counterclaim wording on this forum this Summer.

KeithP

When I asked for the Issue date of your Claim, I was going to give some guidance on filing a Defence. 

Now that you have told us that you have already filed a Defence, I won't bother with that.

As others have said, please show us exactly what you filed as a Defence.

Redx

VL , Bullying and Harassment are unlikely to win, they can pursue a supposedly legitimate invoice with debt collection letters etc, its normal practice for anyone who believes they are owed money

any counterclaim should be filed on the basis of what coupon mad said above, otherwise I believe you will just be throwing money down the drain !! it is very rare for VL , bullying and harassment to succeed in these cases, even though you believe it to be true, a judge is unlikely to, the claimant will just state its standard practice across the industry and they are allowed to do so using the methods they use (even if you do not like it)

pick your battles wisely, no knee jerk reactions because at the moment you are rushing and not thinking it through

post the draft defence below if you have already filed it with the CCBC

deighton2002

Lockable said:

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.

I have the same problem with my MP being the former head of a notoriously corrupt and inept Tory council whose electorate happen to just hate the alternative parties so much that Tory will always win.  At the least he will see parking co's as reasonable policing, and he probably secretly likes people getting ripped off by abuse of power to profit rich people.

I hope this supposed legislation does do something, because it is fundamentally fair that parking allocated to and paid for by some should not be 'stolen' by others.  It's just that the sharp practices and revenue maximisation has wrecked respect for thier industry, not helped by the clumsy POPLA and its seeming endorsement of these cowboys.

Lockable

Coupon-mad said:

I filed a counterclaim at the same time as I said.

Did you?  What did it say? 
You'd need to argue the points of law to counterclaim.  ''Vexatious litigation'' is not a counterclaim reason.

Misuse of your DVLA data is open to claim compensation.

Harassment is open to claim compensation.

Breach of the Consumer Protection from unfair Trading Regs (as amended) is open to claim compensation.

But you'd have to explain a fully pleaded argument as to why.  I think I've shown a counterclaim wording on this forum this Summer.

The options given were to the effect that I accept the debt, or some of the debt or none of the debt. Naturally I accept none of the debt on the grounds that POFA 2012 hasn't even nearly been adhered to & therefore keeper liability cannot be pursued in this instance. In reality that is just the low hanging fruit of what's wrong with their claim. 
Because they knew from the get go that KL was a none starter & have spent 5 years sending threat letters and because I have explained that KL won't wash repeatedly, I would assume that continuing with a claim for KL would look to any reasonable person like harassment. 

Coupon-mad

We want to know word for word (exactly) what your defence and counterclaim said.  A counterclaim needed to be properly pleaded.