Received County Court Claims form

Le_Kirk

Apologies @JasonHar1, advice on the forum that I have read has been to keep the defence short using legal and technical arguments and save the story of what happened on the day for the witness statement.  However, I would take the advice of @Coupon-mad in this instance as there does not seem to be a happy compromise between introducing the issue in the defence, whilst keeping it short but also informing the judge about what happened.

JasonHar1

nosferatu1001 said:

Why wait? Wanting to tempt fate?

if it's done, just submit it

I only sent the SAR a few days ago and thought it might be beneficial to give that some time to be processed and returned. Is that sensible?

Le_Kirk

Companies have 30 days to respond to a SAR.  Results of a SAR will be more beneficial to you at witness statement stage.

nosferatu1001

JasonHar1 said:

nosferatu1001 said:

Why wait? Wanting to tempt fate?

if it's done, just submit it

I only sent the SAR a few days ago and thought it might be beneficial to give that some time to be processed and returned. Is that sensible?

A SAR won't tell you anything legal argument wise than You know now. Given you might not get it in time either, why wait. 

A SAR provides evidence for later on, as you know because you've read 24 or so threads by now. 

torvil

JasonHar1 said:

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

Hi Jason what app did you use? I have a similar defence and keen to follow your progress. 

JasonHar1

 Given you might not get it in time either, why wait. 

If I submit the defence statement early, will it not make it more likely that I might not get it in time?

JasonHar1

Hi Jason what app did you use? I have a similar defence and keen to follow your progress. 

I'm not sure what app it was in 2017, PPS use Ringo now.

Umkomaas

JasonHar1 said:

 Given you might not get it in time either, why wait. 

If I submit the defence statement early, will it not make it more likely that I might not get it in time?

It's not essential to your defence. It's more relevant at the Witness Statement stage. Are you anticipating anything explosive?

nosferatu1001

JasonHar1 said:

 Given you might not get it in time either, why wait. 

If I submit the defence statement early, will it not make it more likely that I might not get it in time?

I already told you that your SAR is not going to give you anymore LEGAL ARGUMENTS to add fro your defence, and your defence is a series of legal arguments.  So what will your sar response do to help your defence?

just file it. 

JasonHar1

Ok, will do. Thanks.