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Money Claim - Going Court for Private Parking PCN

1568101113

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 4 March 2021 at 7:53PM
    As for debating abuse of process , jb111 will be debating the appeal in Court this month , he also clearly mentioned 2 possible outcomes , depending on the judgment in the case

    If he wins , it will probably affect other claims by possibly setting a precedent like Jopson , or Beavis

    If he loses and his 2 companies stop adding on spurious charges , then double recovery disappears and in most cases so will abuse of process , recently SIP filed claims with no additional charges , concentrating on the core terms , like Parking Eye do , so the rest may follow if Excel lose the appeal

    So pointless debating it whilst waiting for this appeal judgment , the time to debate it is clearly after the appeal judgment , unless it is appealed again to a higher court , like happened with Beavis , in which case the juggernaut rumbles on

    My point ?  Check the outcome over the next few weeks before wasting time on debate , that lady judge made her thoughts clear about it , hence that appeal that is in the offing
  • bergkamp10
    bergkamp10 Posts: 125 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    Redx said:
    As for debating abuse of process , jb111 will be debating the appeal in Court this month , he also clearly mentioned 2 possible outcomes , depending on the judgment in the case

    If he wins , it will probably affect other claims by possibly setting a precedent like Jopson , or Beavis

    If he loses and his 2 companies stop adding on spurious charges , then double recovery disappears and in most cases so will abuse of process , recently SIP filed claims with no additional charges , concentrating on the core terms , like Parking Eye do , so the rest may follow if Excel lose the appeal

    So pointless debating it whilst waiting for this appeal judgment , the time to debate it is clearly after the appeal judgment , unless it is appealed again to a higher court , like happened with Beavis , in which case the juggernaut rumbles on

    My point ?  Check the outcome over the next few weeks before wasting time on debate , that lady judge made her thoughts clear about it , hence that appeal that is in the offing
    Hey there. So we've been waiting over the last few weeks and my friend has informed me that he has not received any communication from CEL. He only received a letter from the court to say they've received his defence and have passed it along to CEL. No other emails or letters and his MCOL account still shows as the last stage where defence was submitted as the last update.is it a case of just waiting now?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 23 March 2021 at 10:49PM
    What are you expecting to happen next?
    Prepare yourself so that there is no surprise when things go wrong.
    Perhaps re-read my post on your thread on 4 March at 3:07PM.
  • bergkamp10
    bergkamp10 Posts: 125 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    I dunno mate. That's why I was asking. I thought we were supposed to be expecting to be sent the AQ and confirmation that CEL were proceeding with a hearing but not heard back yet.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    I dunno mate. That's why I was asking. I thought we were supposed to be expecting to be sent the AQ and confirmation that CEL were proceeding with a hearing but not heard back yet.

    DQ , not AQ, so yes you are waiting for the CCBC to post out a DQ N180 form to your address, after the Claimant says they are proceeding, as KeithP and the newbies thread tells you, so keep checking that MCOL claim history
  • bergkamp10
    bergkamp10 Posts: 125 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    Redx said:
    I dunno mate. That's why I was asking. I thought we were supposed to be expecting to be sent the AQ and confirmation that CEL were proceeding with a hearing but not heard back yet.

    DQ , not AQ, so yes you are waiting for the CCBC to post out a DQ N180 form to your address, after the Claimant says they are proceeding, as KeithP and the newbies thread tells you, so keep checking that MCOL claim history
    My friend's address but point taken. Yes a DQ. My mistake.

    What would the status of the MCOL website change to by the way? Where the last update now says defence submitted, would we expect something like "case proceeding" or "case dismissed" to see a change? Or are we expecting something witten somewhere else. He mentioned there is a section to accept all claims but even that place can't be processed as it only gives an option to cancel when he goes to that page.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    it will say what I mentioned above
  • bergkamp10
    bergkamp10 Posts: 125 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    Ok no worries. We'll keep checking. So they won't send the DQ before the status changes will they?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    No, its a workflow. 
  • bergkamp10
    bergkamp10 Posts: 125 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    No, its a workflow. 
    Ok perfect. Will follow up with my friend over the next week or two to see what, if any changes, there are.
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