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Read the newbies thread, confused over adapting the Defence template over MCOL

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  • Le_Kirk
    Le_Kirk Posts: 24,495 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Well done! A win and it cost them money.
  • Umkomaas
    Umkomaas Posts: 43,305 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Presumably I need to wait to hear the same from the court, and then can I claim expenses? Obviously no transport costs, however I put quite a few hours into this. I earn £24 an hour in my day job, and would love to slap a few hours at that cost on them.
    No prospect whatsoever. Only chance that it might have been a possibility is if they discontinued 7 days or fewer before the hearing date. 
    Also, any chance they could re-open the case, or launch a 'new' case for the same ticket a few more years down the line?
    You can never say never in this game, but only likely if you were to see the Tooth Fairy, Santa Claus, the Easter Bunny, Frosty the Snowman and Puff the Magic Dragon down your local pub!  Forget it as an even remote possibility. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Trainerman
    Trainerman Posts: 1,329 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Reckon I did see the Easter Bunny in my local, but then again after a visit to the local I often see things. At least, so I am told
    The pen is mightier than the sword ..... and I have many pens.
  • Coupon-mad
    Coupon-mad Posts: 151,354 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 29 July 2022 at 12:42AM
    JamesBebb said:
    Hi everyone, it's been a while! So a date was set with the county court on Friday 26th August. Then I got an email last week, on the 20th July from the legal company stating:

    We write to you in relation to the above matter.

    To assist the Court in achieving its overriding objective, our Client may be prepared to settle this case. I can confirm our Client would be agreeable to £130.00 in full and final settlement of this Claim. The current outstanding balance is £130.00.

    This was half the £260 they were asking for in court, but obviously I wasn't having this as the original penalty was £60 anyway, plus they had no case whatsoever as outlined in my defence (no signs, no penalties listed, no bay markings to not be parked within etc.). They asked me to get back to them in 7 days, which I did not.

    Yesterday, I got this message:

    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. 

    Yay, that's a win!  They can't pursue it afresh; that would be an abuse of the court process.

    ANOTHER ONE BITES THE DUST!

    Don't disappear just yet. We need you!

    What a waste of your time this was, and why should there be such a litigation culture in parking?   It's truly horrible being pursued for £100 for no reason, by an ex-clamper aggressive firm, isn't it? 

    Join us in trying to end the conniving PPC and DRA 'added fees' fuelling the court culture. 

    There will be one window of opportunity later this year.  My best guess is in October.

    Together, we can stop the rotten parking industry from riding roughshod over the new statutory Code and the charge level caps, and otherwise bullying all motorists forever, using the regulation to gain kudos and status.

    If you are not likely to pop back here every week to check, please set up email alerts for this forum and bookmark this thread (below) as we intend that one of us posts on it when the Government opens the Consultation:
    https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

    Read the latest posts there.  The PPC moneymakers have blocked the new Code with Judicial Reviews.  Stopped the declared and much welcomed parking code from February 2022, which stated that added £70 false 'DRA fee' extortion was to be banned and that parking levels would start at £50.

    This will be your chance to make a difference, plus any other drivers you know (family, friends) who are also fed up to the back teeth with the greedy and unscrupulous parking industry and the stranglehold they have on people.

    We need high numbers of real victims to make a point of responding to this final Consultation.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • JamesBebb
    JamesBebb Posts: 18 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    JamesBebb said:
    Hi everyone, it's been a while! So a date was set with the county court on Friday 26th August. Then I got an email last week, on the 20th July from the legal company stating:

    We write to you in relation to the above matter.

    To assist the Court in achieving its overriding objective, our Client may be prepared to settle this case. I can confirm our Client would be agreeable to £130.00 in full and final settlement of this Claim. The current outstanding balance is £130.00.

    This was half the £260 they were asking for in court, but obviously I wasn't having this as the original penalty was £60 anyway, plus they had no case whatsoever as outlined in my defence (no signs, no penalties listed, no bay markings to not be parked within etc.). They asked me to get back to them in 7 days, which I did not.

    Yesterday, I got this message:

    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. 

    Yay, that's a win!  They can't pursue it afresh; that would be an abuse of the court process.

    ANOTHER ONE BITES THE DUST!

    Don't disappear just yet. We need you!

    What a waste of your time this was, and why should there be such a litigation culture in parking?   It's truly horrible being pursued for £100 for no reason, by an ex-clamper aggressive firm, isn't it? 

    Join us in trying to end the conniving PPC and DRA 'added fees' fuelling the court culture. 

    There will be one window of opportunity later this year.  My best guess is in October.

    Together, we can stop the rotten parking industry from riding roughshod over the new statutory Code and the charge level caps, and otherwise bullying all motorists forever, using the regulation to gain kudos and status.

    If you are not likely to pop back here every week to check, please set up email alerts for this forum and bookmark this thread (below) as we intend that one of us posts on it when the Government opens the Consultation:
    https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

    Read the latest posts there.  The PPC moneymakers have blocked the new Code with Judicial Reviews.  Stopped the declared and much welcomed parking code from February 2022, which stated that added £70 false 'DRA fee' extortion was to be banned and that parking levels would start at £50.

    This will be your chance to make a difference, plus any other drivers you know (family, friends) who are also fed up to the back teeth with the greedy and unscrupulous parking industry and the stranglehold they have on people.

    We need high numbers of real victims to make a point of responding to this final Consultation.
    Thanks all - book marked the thread and will get emails of new messages! Will keep an eye out and contribute closer the time.
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