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4 year old PCN and a discrepancy?

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Comments

  • Fruitcake said:
    I'm wondering if the claimant's unreasonable behaviour could be dealt with as a preliminary matter before the hearing starts.
    Telling someone that it is unreasonable to use the internet for research is wholly unreasonable, and needs to be brought to the judge's attention at some point. 
    So many things need bringing to Judge;s attention! Filing a supplementary witness statement late,and their unreasonable behavior claim plu stheir harrasment in rinigng me on a weekly basis.As the case hinges on Forbiudden Parking(Permit holders only) Im hoping its over pretty quickly and I intend to compalin to some legal ombudsman about bwlegal or maybve just tell the paralegal what I think of them..
  • Fruitcake
    Fruitcake Posts: 59,471 Forumite
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    Complaining after the event will have nowhere near the effect it will have if the judge hears it, but you will have a lot to do so I don't blame you for wanting to concentrate on getting this kicked out.
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  • Coupon-mad
    Coupon-mad Posts: 154,740 Forumite
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    edited 10 February 2021 at 11:59PM
    Have a look at the Dammermann test re costs and unreasonable conduct.  It has to be conduct 'that permits of no reasonable explanation'.

    Now, a consumer sued by a member of an industry currently being clamped down on by the Government (due to their failure to self regulate and having bombarded motorists with a tsunami of rogue practice and threatening demands, such that there were some TEN MILLION PRIVATE PCNS in the last full year counted before COVID) is hardly being 'unreasonable' to seek advice from an internet forum that has a 99% win rate and deals with these cases every day.  

    This (below) is what doesn't permit of a reasonable explanation, look at the chart:

    https://www.rac.co.uk/drive/news/motoring-news/private-parking-firms-issue-15-new-tickets-every-minute-research-reveals/

    No wonder more people are coming here.
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  • Anoonymouse
    Anoonymouse Posts: 45 Forumite
    Third Anniversary 10 Posts
    edited 11 February 2021 at 4:10PM
    A bit late in the day but I felt like sending a "Letter to the judge" to court email pointing out the claimants ridulous behaviour but so long as he is made aware tomorrow I guess its not needed.
  • Just to lket you all know I lost the case,didnt help my car was parked in front of one of the signs and I wasnt with it so therefore grace period doesnt apply. Judge decided there was a contract. Maybe it would have been different in person,I didnt -as you alll said-have to pay the exhorbitant costs for unreasonable behaviour.
  • Le_Kirk
    Le_Kirk Posts: 24,878 Forumite
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    That's tough - how much did they sting you for?
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