NEWBIES L B C AND DEBT CLAIM

Coupon-mad

Your defence probably wasn't weak, but the Mediator will always side with the Claimant - it's their job.  That's why you never do Mediation!

Darren104

Redx said:

Sometimes a court will say that a shopper is not entitled to a free basket of shopping just because the payment till is faulty

There is no actual financial loss parking in a empty car park as compared to a basket of shopping. I also offered them the £1.50 for parking in my appeal,  which they declined by rejecting my appeal.

Umkomaas

There is no actual financial loss parking in a empty car park as compared to a basket of shopping. 

I'm afraid that 6 of 7 Law Lords in the highest court in the land disagree with you (ParkingEye v Barry Beavis, The Supreme Court, 2015). That's about it, not much to bump too many gums at. 

Redx

Darren104 said:

Redx said:

Sometimes a court will say that a shopper is not entitled to a free basket of shopping just because the payment till is faulty

There is no actual financial loss parking in a empty car park as compared to a basket of shopping. I also offered them the £1.50 for parking in my appeal,  which they declined by rejecting my appeal.

Barry Beavis supreme court case trumps your viewpoint

A goods can include a service , even a free service !!

What I said was mentioned in a court case by the judge where the defendant lost , last year I believe

March 2018 is much later than Beavis 2015

Darren104

I have downloaded  the SRA complaints form. I will complete tomorrow about the £60 abuse of power add on by BW Legal.
I have also read the entire thread of the Southampton county court case with CEO16. Its realty encouraging and hopefully my case might be struck out, should they make an online claim.

Umkomaas

I will complete tomorrow about the £60 abuse of power add on by BW Legal.

But the SRA have 'bounced' this previously. I don't think there's mileage in shooting lines here. 

Redx

if it was abuse , its abuse of PROCESS , not power, only if the charges are added on

strictly speaking its double recovery if they add those extra charges, most courts dont allow them or ask the claimant to remove them

I doubt the SRA will do anything about it , a members club is for the members , like the BPA and the IPC

Coupon-mad

Darren104 said:

Umkomaas said:

But the SRA have 'bounced' this previously. I don't think there's mileage in shooting lines here. 

Shall i not bother then as i don't want to waist my time if there is going to be no benefit to it.

No benefit at all because BW will say they are just collecting what their clients say you owe.

D_P_Dance

I doubt that the SRA will agree that the unlawful £60 is a matter for them, they follow their client' instructions to the letter it would seem.

Darren104

They have added the £60 on the LBC they sent me. They are after a total of £160. I don't understand why all cases containing this abuse of process amount aren't all struck out. Surely if Southampton have done it, shouldn't all courts do the same to keep in line and consistent with each other. This is really all i have to go on in my case. The machine was out of order with a black bin liner wrapped around it. I have a photo to prove it. I did not see any cameras or take notice of any signs that much because it was dark and inadequate lighting. It looked to me like the car park was not yet set up properly for a PPC or the previous company was changing hands or something, which is the reason i thought it should be ok to park that evening. I cannot recall many cars being on there either. There may of well been other ways to pay, but i had just finished work and only had works mobile phone, but i would not use that to call a scrupulous number to make any sort of payment. I honestly did not think the car park was being monitored. I did offer to pay them the £1.50 in my appeal but they were not interested and rejected it. 
The next i heard was the PCN  through the post April 2018.