Help Needed - Defence for PPS PCN -WS Stage

Umkomaas

Goodboy18 said:

Another quick one - my WS is almost ready - do I need to send anything else apart from the WS (like Defence, etc) to the court and Claimant?

Your evidence - photos, extracts from any legislation you are quoting, transcripts from persuasive court cases you are relying on. No need to copy your Defence, all parties already have that. 

1505grandad

"this is in the jrhys ws template and it seems that these two judges have striked off lots of cases for claiming double recovery"

But the two Judges were mentioned in the jrhys WS in a previous para (13 in this case) which does not appear in your WS  -  they are also mentioned several times after para 13 and include exhibits pertinent to them  -  also not in your WS.

"Abuse of process – the quantum

13. In addition to the disputed Parking Charge Notice claim amount of £100, the Claimant has added a sum of £60 that is disingenuously described variously as 'debt collection costs', ‘additional charges levied to cover the cost of recovery’, ‘additional administration costs’, ‘debt recovery costs’, ‘initial legal costs’ and ‘recovery costs’. The added £60 constitutes double recovery and the court is invited to find the quantum claimed is false and an abuse of process as was found by District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) in Excel vs Wilkinson: G4QZ465V, a similar case in which £60 had been added to a parking charge, heard in July 2020 (the transcript of which is exhibit XX-04). The Judge concluded that such claims are proceedings with 'an improper collateral purpose'. Leave to appeal was refused and that route was not pursued."

Coupon-mad

We don't see cases struck out before a hearing now so don't start writing about that possibility,

Le_Kirk

Umkomaas said:

Goodboy18 said:

Another quick one - my WS is almost ready - do I need to send anything else apart from the WS (like Defence, etc) to the court and Claimant?

Your evidence - photos, extracts from any legislation you are quoting, transcripts from persuasive court cases you are relying on. No need to copy your Defence, all parties already have that. 

................. and maybe your summary costs assessment.

Goodboy18

Thanks All, WS submitted to Claimant solicitor and Court. WIll update the outcome after 17/02

Goodboy18

Another one bites the dust -
The teams meeting hearing didnt happen in Feb. I got a letter for hearing two days back. Attended the in-person hearing this morning. The judge patiently heard the case from claimant and asked them to prove the address and also explain the £60 addiditional charges. The claimant tried to circumvent to the signs etc but the judge didnt budge. 
Finally the case was dismissed and claimant was ordered to pay the expenses.

Many thanks to all the forum members for extending their help and supporting me all the way to the end.

Coupon-mad

Yay - scam over!

ANOTHER ONE BITES THE DUST!

Well done for winning.  And...

...please don't leave us yet!  As you haven't been here since before the proposed new Code of Practice was published, you might not be aware of where we are at and how much depends on the final Impact Assessment and public voice.
  
We need you - as a genuine PPC victim of aggression, sharp practice and an 'extortion' attempt to add £70 - to respond robustly to the Public Consultation on the level of parking charges and banning of the false added DRA 'fee' that too many honest motorists currently fall victim to.

It will need consumer input (powerful voices) but change is afoot. It's taken about 5 years to get to this stage:
https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework/p1

And then the industry threw victims' money at it and blocked and delayed it - explained here:
https://forums.moneysavingexpert.com/discussion/comment/79310609/#Comment_79310609

Please now Bookmark BOTH threads and set up email alerts on your posting profile, so that you get an email alert when we post there, as we will, once the Public Consultation opens later this year, once the new Ministers are fully appraised.

We need people like you and your driving family & friends to respond in high numbers! You have a personal story to tell about the culture of getting a DRA to add a pointless £70 for their own profit, to be let loose to intimidate people.