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Counterclaim for vexatious litigation to a PPC

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  • We want to know word for word (exactly) what your defence and counterclaim said.  A counterclaim needed to be properly pleaded.
    Unfortunately I don't have a copy. The broad brush stroke was that I deny the claim on the grounds that they have failed to correctly apply POFA '12 & therefore there's no KL.
    The Counter was harassment, bullying, extortion & VL, again broad brush-strokes, so I understand it probably isn't properly worded. I either have to pay now to proceed or let it slide.  
    As yet they haven't responded to my defense to either proceed or set aside, but there's still a couple of weeks to do this.   
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 1 September 2020 at 7:40PM
    Well the Claimant will have a copy of your Defence.

    How are you going to answer the Judge's, or indeed the Claimant's, questions on your Defence?

    You need to phone the CCBC and ask them nicely if they could possibly email you a copy of your Defence.

    You cannot fight a case without it.
  • Coupon-mad
    Coupon-mad Posts: 151,485 Forumite
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    Oh dear. Hopeless (sorry).

    No, don't pay the counterclaim court fee.  
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP said:
    Well the Claimant will have a copy of your Defence.

    How are you going to answer the Judge's, or indeed the Claimant's, questions on your Defence?

    You need to phone the CCBC and ask them nicely if they could possibly email you a copy of your Defence.

    You cannot fight a case without it.
    I know what my defense is. The response on the acknowledgement was essentially only a paragraph. No POFA '12 = no KL. I can expand my defense when I know for sure they intend to proceed presumably.
  • Coupon-mad
    Coupon-mad Posts: 151,485 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 1 September 2020 at 7:48PM
    Oh dear. 

    I hope you weren't the driver then, because you have no fallback defence otherwise, if the Judge asks if you were driving.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Oh dear. 

    I hope you weren't the driver then, because you have no fallback defence otherwise, if the Judge asks if you were driving.
    What a ray of helpful sunshine you've been. 
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 1 September 2020 at 8:13PM
    its your own fault for not helping us to help you

    nobody can advise you until they have seen what you have submitted , plus what the counter claim consists of, in exact words, not just a short sentence

    if you give the people here what they need they can advise you, but you have stonewalled us all so far

    its a 2 way street, a lawyer would ask you the same things, if they are clued up on this topic, which coupon mad is, although she was a teacher , not a lawyer , but she has helped numerous people on here and even helped some in court, so diss her at your peril

    post everything you have been asked to post , (word for word) and people here may be able to assist you
  • Coupon-mad
    Coupon-mad Posts: 151,485 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Lockable said:
    Oh dear. 

    I hope you weren't the driver then, because you have no fallback defence otherwise, if the Judge asks if you were driving.
    What a ray of helpful sunshine you've been. 
    I am telling you like it is.  Come here earlier and I'd have written you a counterclaim.  I have two on the go for people right now.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Redx said:
    its your own fault for not helping us to help you

    nobody can advise you until they have seen what you have submitted , plus what the counter claim consists of, in exact words, not just a short sentence

    if you give the people here what they need they can advise you, but you have stonewalled us all so far

    its a 2 way street, a lawyer would ask you the same things, if they are clued up on this topic, which coupon mad is, although she was a teacher , not a lawyer , but she has helped numerous people on here and even helped some in court, so diss her at your peril

    post everything you have been asked to post , (word for word) and people here may be able to assist you
    I don't have it. Is that not clear?
    I do not have a copy & can not supply a word for word text of what I said only a broad outline.
    I have come here for some help & advice & can only work with what I have in the situation in which I find myself.
     In an ideal world I could give you what you're asking for but it's not possible, to which the answers I get seem to be the unhelpful & slightly withering. 
    I haven't stonewalled you, it's also worth noting that the newbies thread is run through with advice not give out to much information, and yet it's demanded here with no explanation. 
    I can't fix the situation as it stands, I can only work with it as it is. I can't go back in time & create the perfect circumstances either. 
    You know the situation as it stands right now:
    Parking event 2015. 
    PPC doesn't adhere to POFA '12 - NTK 130-ish days overdue. 
    5 years of threat letters, responded to with the same thing, wasn't me, "you can't chase KL because you're incompetent."
    More letters from CST Law this year. ( Assume Conkai are hard up because of Covid & no fake scams as no one is driving)
    MCOL received 12th Aug. 
    Panic response due to fear of it being late. Claim acknowledged & denied, door left open for counterclaim along lines of harassment, bullying VL etc. Processed 25th Aug. 
    This is where I am today. I get that the response could have been polished better but it's not.
    The Court now wants to know whether I wish to proceed with the counterclaim ie: pay for it, or not.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 1 September 2020 at 8:44PM
    of course its clear, so you need to get a copy of the paperwork emailed, SAR the ppc for all documents etc, start getting the details so people can help you

    not having the paperwork doesnt help us to help you, so you should get copies and help us to help you

    you need to get up to speed , get the details and post them , not moan about not having them , its your fault for not keeping copies and you have been told the consequences of not having copies to hand

    you expect far too much from the volunteers here, we would help you but not without seeing what you have submitted, we tell it like it is , warts and all, personally I dont care if you like the replies or not, I look to see if they are factually correct, good advice so far, and they are

    I do not believe you should pay because I doubt that your counterclaim is correctly pleaded , so I say NOT !!
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