CCJ - What to do next!?

Redx

Defence , legal arguments as to why you are not liable

Witness statement plus exhibits - is your personal story , your Exhibits ( evidence ) , your rebuttal of their claim , rebuttal of their evidence , rebuttal of their witness statements , you are taking the stand

In a murder case , your defence may be , not guilty , your witness statement may say you were in Brisbane , not Bristol , your evidence may be CCTV of you in the airport at Brisbane , Australia !!

D_P_Dance

6) What is tort by deciet? 

Some reading


https://www.google.com/search?q=totr+by+deceit&oq=totr+by++deceit&aqs=chrome..69i57.11202j0j15&sourceid=chrome&ie=UTF-8

Drbw

D_P_Dance said:

6) What is tort by deciet? 

Some reading


https://www.google.com/search?q=totr+by+deceit&oq=totr+by++deceit&aqs=chrome..69i57.11202j0j15&sourceid=chrome&ie=UTF-8

Okay so, in these parking cases, intent maybe easier to demonstrate. These are profiteering organisations that make money from pursuing individuals and trying to exact payments. They use threats and intimidation to exercise most of their revenue. Therefore, their intent is clear - making money. What is not so clear to me is the deceit. What is it that these parking companies say or do that is deceitful? 

D_P_Dance

 What is it that these parking companies say or do that is deceitful? 

That is an easy one

https://dictionary.cambridge.org/dictionary/english/deceit

Coupon-mad

Don't even go there.  Accusing a PPC of a scam isn't a good plan and can be viewed as unreasonable conduct.

The NEWBIES thread already tells you what the difference is between the defence and the WS & evidence stage.  And I started this thread yesterday that assists, as well:

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcript-exhibits-re-parking-firms-falsely-added-contractual-costs

Easy enough to adapt the WS example we tell you to adapt and tot up some exhibit numbers and list them in order.

Drbw

I was calling the court, to ascertain whether the hearing was remote or in person. After being in the queue for 20 mins, they asked when I returned the questionnaire...

Opened my email to check dates and there was this from the claimant:

We act for the Claimant in the above matter.

Our client has instructed us to discontinue Court proceedings and close our file. Therefore,

please find enclosed the Claimant’s N279 Notice of Discontinuance for your records.

The attached has also been filed with the Court.

We will now proceed to close our file accordingly.

Yours faithfully,

Obviously pleased not to have the hassle anymore, but was also getting psyched and prepared, learning about the law etc. Seems this is very much a game of cat and mouse. The 'industry' that makes a living off these claims seems parasitic and based on using intimidation to get money. I had one of these tickets pasted onto my windshield when parked on our own land once, which essentially made them a protection racket. Slap a ticket on, often without fair grounds, then intimidate people into giving you money. 

I can see the flip side, private landowners need a way to control parking etc. But there has to be a better way than using cowboys to extort money without regulation. I'm glad the government are looking into this whole shebang.  

Anyone going into a hearing, I would personally look to undermine the creditability of the claimant first and foremost. Establishing that a claimant would not pursue the claim had it been in person and that they are abusing emergency temp covid rules to profiteer was my planned opening gambit. The cost of travelling from Cheshire - where the legal firm is based - to London and establishing the lawyers hourly or day rate, would very quickly establish that the industry is abusing rules to profiteer ie they would not take such cases to court if they had to attend. Flagging up the various things in parliament re. the unregulated nature of these firms and the way they use intimidation is a good way to set the scene before you go into the details of your case. Discredit these scum bags before you get into your legal case and you are winning the moral battle before you've begun. 

Le_Kirk

Nice outcome for you.

Coupon-mad

For in-person hearings the solicitors use a local legal ep (hired gun) so there would be negligible travelling and they wouldn't have got their costs anyway unless you were unreasonable.  It's never a Gladstones, BW Legal or DCBLegal rep, not even over the phone.

SO GLAD TO HEAR THAT ANOTHER DCB Legal / CUP Enforcement ONE BITES THE DUST!

Please do stick around and complete the final Government Consultation when it is open this Summer!

Drbw

Coupon-mad said:

For in-person hearings the solicitors use a local legal ep (hired gun) so there would be negligible travelling and they wouldn't have got their costs anyway unless you were unreasonable.  It's never a Gladstones rep, not even over the phone.

SO GLAD TO HEAR THAT ANOTHER DCB Legal / CUP Enforcement ONE BITES THE DUST!

Please do stick around and complete the final Government Consultation when it is open this Summer!

Even a local legal rep based in London is going to charge circa £500 for half a days work I should imagine. And those are the cheap ones. 

Pulling out of the court case last-minute reaffirms that this is an intimidation game. Make people feel worried and concerned by the legalese. Send them letters that pressurise and make you feel victimised. And people pay just to get rid of them. In this sense, they are just a semi-legal racket little different to how mafia protection rackets work. It is all based on intimidation. In these instances, they hide behind the law! They use the law to intimidate. 

"SO GLAD TO HEAR THAT ANOTHER DCB Legal / CUP Enforcement ONE BITES THE DUST!"

Honestly thanks to this resource. I would not have had a clue otherwise. Will try and give back if I can. I don't have the know how of many on here, but have learnt a few things over the past few years with various hearings. The most important one is this:

establish with the court your moral credentials, and it is far easier to fight your legal case. This shouldn't matter of course. The law in theory is black and white. Right or wrong. But in practice, laws and judgments are far more malleable, and while you have to make sure your legal case is logical and tight, get the judge on your side by establishing your/their moral credentials (or lack of in these cases!) 

The recent court case where the climate protestors were acquitted of vandalising the BP building was interesting in this regard. The law had them banged to rights. They were guilty. But because we live in a democracy and a jury intervened, a moral judgment in the end overpowered a legal one. I thought that was fascinating. 

Umkomaas

It is frustrating when you've had to learn so much to defend yourself, then they discontinue and you don't have the chance to put them to the sword in front of a Judge. 

But why waste the knowledge you've just gained and put a much larger dent in private parking sector by offering advice to newbies who will inevitably follow in your footsteps? Neither I, nor most of the regulars here, have ever had a private parking ticket, yet we've seen the turmoil these unregulated skimmers wreak on the British public and have decided to stand up and be counted. 

You'd be very welcome to join in the fight, because were it not for forums like this one, the sector would be utterly out of control, and the public even more shafted than they are currently.