Received County Court Claims form

JasonHar1

Hi all,

I'm a newbie and I have read a lot of posts on here but I have some things I want to check, as I'm not sure. Thank you for any thoughts you may have.

In 2017 I was issued a parking ticket by Premier Parking Solutions for non-display of a parking ticket in their car park. I thought that I'd paid on the app on my phone, I had entered all of the correct details and thought the transaction was complete. It wasn't, if I had scrolled further down I would have seen a confirm button but I didn't, so I hadn't completed the transaction.

I appealed to PPS, including a screen shot of the details on my phone but they weren't interested. They offered me an IAS appeal, which a little research told me was pointless. We then exchanged several letters in which I repeatedly asked for independent arbitration, via POPLA or the Ombudsman but they continued to only offer IAS and ignored my requests. Once the time period for an IAS appeal had lapsed they began asking for more money and threatened court action.

I continued to request independent arbitration and eventually the letters stopped for a while. Then Gladstones solicitors got in touch making demands for payments. I wrote to them and PPS to state that I was only going to communicate with PPS as my dispute was with them and highlight the directorial links between Gladstiones and IAS to rebuff their claims of impartiality.

Time passed again and then BW Legal started sending letters, making similar demands and threats. I continued to argue for independent arbitration and the continued to with the threats and demands. Eventually, having determined that BW Legal had not purchased the 'debt' and were still acting on behalf of PPS, I wrote to them and BW Legal stating once more that I would only communicate with PPS.

More time passed and the BW Legal wrote again, repeating the court threats. I replied, reiterating my position.

Now they have begun court proceedings. I have completed the AOS on day 6, following the advice on the forum and am trying to prepare my defence using the latest template on here.

I am concerned about the abuse of process and double charging claims as they seem to be based on them sending out standard letters, whereas in my case we've been arguing the toss for a long time. Does that invalidate the basis for the claims of abuse of process and double charging, or should I continue along these lines?

Also, how much detail of all of the events above should I include in section 3 of my defence?

Thanks again for any advice,

Jason

Le_Kirk

The Abuse of Process is not a defence per se more of a "let's make sure the claimant cannot get the spurious £60 contractual/debt control/admin costs"!  Your defence is always what it was in 2017 - frustration of contract due to the failure of the PPC's app.  It wasn't you fault it didn't complete the transaction.

beamerguy

It is sad that in 2021 we have to deal with the likes of BWLegal faking their way to a court who understands their fakery.   BWLegal would have been better off in Tudor times where fakery was the way of life.
BWLegal seek mugs and they hope the judge will also be a mug.

In reality, it's all cloud dreaming stuff because judges have a different idea about their fakery and BWLegal and their mates who copy them get spanked
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

You have a good defence (BWL will be clueless).   As said, Abuse of process is not a defence but you still need to bring this to the attention of the judge.  It now appears that judges look more carefully once they know fakery has been applied.   As said, "it takes a lot more to skin a cat"

As you will see in the link above, BWLegal complained about a judge regarding abuse of process.
BAD MOVE by BWLegal and there is a penalty to be paid

I expect their claim included  .....
1: The Beavis case
2: The code of practice for PPC's and they are allowed to add £60 ?
3: The damp squib of their appeal in Salisbury

All of which are easily dismissed in front of a judge

You have some serious reading to do

Redx

If b w legal issued the claim as a contractor of PPS , their details will on it to communicate with them on that claim form

Do not be obstinate by stating that you will only communicate with PPS , they are perfectly entitled to employ a solicitor , many do , so make sure that from now on you deal with the CCBC in Northampton , plus b w legal , plus your local court

Popla was never an option for an IPC member

Email a SAR to the DPO at PPS to obtain all your data attaching a copy of the claim form as proof of I D under the GDPR law

The additional charges are not a Defence but are already addressed in the template defence as double recovery and not allowed

Post the issue date from the claim form below

Ralph-y

link to court section in newbies thread
.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

Ralph

KeithP

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

JasonHar1

Issue date was 17th Dec

KeithP

JasonHar1 said:

Issue date was 17th Dec

With a Claim Issue Date of 17th December, you have until Tuesday 5th January to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Tuesday 19th January 2021 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

KeithP

OP, have you based your forum username on your real name? If so, you may want to get your forum username changed to something completely anonymous.

To help with that, have a read of this item from the Forum's FAQs:

Can I change my username?

In most circumstances, we don't allow this.

The only reason we will change your username is if it puts your privacy at risk e.g. you've inadvertently registered using your name, email address or something which gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com your current username, the email address you registered with and three alternative usernames in order of preference.

JasonHar1

Redx said:

Email a SAR to the DPO at PPS to obtain all your data attaching a copy of the claim form as proof of I D under the GDPR law

Email a what to who at PPS?
I have served the AOS already, so that's done.
The case is not in my name, so my forum name should be fine.
I will develop my defence along the issues with the app and their refusal to go to the Ombudsman.
Anything else, apart from reading links?
Jason

Coupon-mad

For all acronyms please refer to the NEWBIES thread post #5. 

And a SAR and 'DPO' is fully explained in the very section of the NEWBIES thread (post #2 of it) that you have been reading all along - about court and what to do when.  No, it's not too late...

and their refusal to go to the Ombudsman.

Nope.  That's not a defence.