Need Help. Over £12,500!

Le_Kirk

wooderson said:

@hullensien - unfortunately, I would prefer to keep that information private if you don't mind

@Coupon-mad - I just realised that each of these charges have £70 administration fees added...Should this be my defense to have the case struck out instead of going down the route of getting written permission from the commercial units? Because I have a small feeling the units are an unhelpful bunch and might not be willing to "officially get involved"...[continued]

edit: [continued]...which means i would be unable to prove that we had a verbal agreement.

The reason for asking where car parks are situated is because we may have come across them before and can offer bespoke advice.  You do not use the added costs as defence points per se.  Anyway, this is already included in the standard defence template and is there to limit your liability should the worst happen and you lose at any court hearing.  There is no "S" in defence, you need to switch your PC/Laptop/keyboard to UK spelling!

D_P_Dance

WRT the exra charges, IIMU that some judges dismiss the entire case, some judges delete the added charges, and some judges award the added charges.

patient_dream

wooderson said:

 I just realised that each of these charges have £70 administration fees added...Should this be my defense to have the case struck out instead of going down the route of getting written permission from the commercial units? Because I have a small feeling the units are an unhelpful bunch and might not be willing to "officially get involved"...[continued]

edit: [continued]...which means i would be unable to prove that we had a verbal agreement.

Back to the 9th Septemver my post told you the added £70 each were fakes.
There is no such thing as an admin charge, it's fakery.
Most judges will not allow this 

I would still get, if you can, letters from the units. Even with such a large amount of money, judges can still dismiss cases.   It is not real money, it's monopoly money 

KeithP

Back on 10th September, i.e. four weeks ago, I wrote...

...you have until 4pm on Monday 11th October 2021 to file your Defence.
That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

Just a few days to go.

Redx

Nearly all these claims ( apart from Parking Eye claims ) have the £60 or £70 additional spurious charges added , it's common knowledge that we have pointed out earlier in this thread. The Wilkinson case and the Recorder Cohen judgment are used against those spurious charges if you lose. It's not a defence point , it's a point of order if you lost , when the total owed is being calculated at the end

The above has nothing to do with the invoices ( the PCN s themselves ) , the above is not a defence to any of them , or all of them , it's a side issue for the loser

Johnersh

All defences should contain a line that the sums claimed are disputed, since that permits the defendant to be heard on the argument.

This is a defence point, but it is not a defence to the entire claim. 

FWIW, Interest is discretionary (and in any case usually incorrectly calculated both on relation to the date and on the principal sum and enhancement).

The enhancement is usually a fixed amount not specified in the contract. In effect, the £60 is a sum of liquidated damages, save that those are not usually expressly specified in the contract as they could and should be, where C is not claiming that these are actual costs incurred. 

Writing to a defendant is normal business overhead, as that is inevitable in their business model esp if not windscreen ticketing. 

Le_Kirk

Johnersh said:

All defences should contain a line that the sums claimed are disputed, since that permits the defendant to be heard on the argument.

Do paragraphs 4 & 5 in the template defence cover this adequately or should there be a separate line with your suggested wording?

Jenni_D

Defence para 1 covers this?

Rodent3768

OP, has this progressed any further?

Le_Kirk

The OP @wooderson has not been active since October last year so maybe send a PM.