Very confused, not sure whats going on with a CCJ

Umkomaas

But you should add the paragraph by @bargepole that he has posted a couple of times this past week, again talking about the new Code of Practice from the Government that has banned debt recovery 'fees' because parking firms were unable to evidence in consultations such fees were fair or necessary to enforce a parking charge, nor even paid to a third party at all (no win no fee).  Add @bargepole's paragraph and re-number

In regard to the £XX 'contractual costs' you will need to include in your WS this statement helpfully provided by legally qualified, regular forum contributor @bargepole.

The Department for Levelling Up, Housing and Communities ('DLUHC') has published, as of 7 February 2022, a statutory Code of Practice which all private parking Operators are required to comply with. This states, at Section 9, that 'The parking operator must not levy additional costs over and above the level of a parking charge or parking tariff as originally issued.'  In the present case, the Claimant has added a sum of [INSERT FIGURE HERE], described as '[INSERT DESCRIPTION HERE]', which is clearly contrary to the intention of the Code. Whilst it is accepted that the new statutory Code does not take full effect immediately, it clearly sets out the Government's intentions regarding private parking, and the Court is invited to strike out this element of the claim, irrespective of the determination of any other element.,

teknotel

Thank you for all the help guys, will get this done tonight.

teknotel

Submitted everything just now, i am happy with it, I have a feeling DCBL will simply drop the claim if I am being honest and I actually forgot to add in your point @Umkomaas so fingers crossed its still ok!

Will let you know how it all goes, can'tr remember if I mentioned it already but I have already been paid the set aside costs by parking company so all is going well.

Will keep you posted, thanks for everything, would never have been able to do any of this without your help.

teknotel

I have a slight problem. The court wont accept my submission email because its over 50 pages. 

Its exactly 50 pages (which is ok) without the contact between OPS and BCHH which is 40 pages and the Private Parking Code of Practice, which also about 40 pages.

Is there anyway I can just use links in the witness statement to these and if so does anyone know how to do it or can point me where to find it, I will have a google search, but I only have until 4pm on the 23rd to hand it in, otherwise I will need to print off nearly 150 pages and hand it in physically to the court, which I would rather avoid.

Any advice would be welcomed.

@ParkingMad not sure if you cna point me in the right direction on this. Thanks.

Jenni_D

I very much doubt it's the number of pages - it'll be the file size of the combined PDF file.

https://www.google.co.uk/search?q=pdf+compress+utility

teknotel

Jenni_D said:

I very much doubt it's the number of pages - it'll be the file size of the combined PDF file.

https://www.google.co.uk/search?q=pdf+compress+utility

No its definitely the number opf pages the file size is within the limit, max 25 mb my file total is 16mb, he specifically says its over 50 pages.

Umkomaas

You won't need the full blown works on some of the items you are including. Pick out what it is you are relying on from the relevant documents and simply copy those pages into your WS. 

teknotel

Umkomaas said:

You won't need the full blown works on some of the items you are including. Pick out what it is you are relying on from the relevant documents and simply copy those pages into your WS. 

Ok thanks, I have just sent the relevant page from each document, hopefully this will do.

Umkomaas

teknotel said:

Umkomaas said:

You won't need the full blown works on some of the items you are including. Pick out what it is you are relying on from the relevant documents and simply copy those pages into your WS. 

Ok thanks, I have just sent the relevant page from each document, hopefully this will do.

At the hearing (presumably video) have tabs of each of the full documents open on your device so that if the judge suggests he/she doesn't have the full works, you could offer to shoot one across electronically. I'm not guaranteeing that it will work, but at least it doesn't leave you devoid of any opportunity to offer the judge something, causing you a potential difficulty. 

teknotel

Umkomaas said:

teknotel said:

Umkomaas said:

You won't need the full blown works on some of the items you are including. Pick out what it is you are relying on from the relevant documents and simply copy those pages into your WS. 

Ok thanks, I have just sent the relevant page from each document, hopefully this will do.

At the hearing (presumably video) have tabs of each of the full documents open on your device so that if the judge suggests he/she doesn't have the full works, you could offer to shoot one across electronically. I'm not guaranteeing that it will work, but at least it doesn't leave you devoid of any opportunity to offer the judge something, causing you a potential difficulty. 

Thanks. Honestly will do, I really dont think they will show up, they only observed 3 minutes observation after I parked and therefore are surely doomed to lose, would it be worth investing any more money on their end when the judge at the set aside has already pointed this out and I have it on the judgement order?