Claimant filed >£700 for 3 Parking Invoices issued in 2016

D_P_Dance

Of course it would be useful.   

PODE001

Update on my case after I submitted my defence on the MCOL.
I received a letter from DCB Legal stating their client, UK Parking Control Limited, are proceeding with the claim and they included a copy of their directions questionnaire. They have agreed for the case to be referred to the small claims mediation service and have marked the small claims track is appropriate.

I have also received a "Notice of Proposed Allocation to the Small claims track" letter from CCBC today, which said I need to complete and file with the court by 31/12.

Can someone help with the following questions:

1) Is mediation worth doing if you are not planning to agree to a settled figure? Would the claimant ever agree to £0 ?
2) If I select "No" to the mediation service does would this be perceived as a negative for my defence?
3) Is the small claims track appropriate?
4) Can this form be completed and submitted electronically like the defence rather than posting to the court office?

Le_Kirk

If you follow the link that @KeithP gave you in his post of 25 October at 1:37PM you will find a lot of advice and some of that advice is how to fill in the DQ and what to say abut mediation etc.

IMPORTANT - KNOW WHAT YOU MUST DO AND BY WHEN!
Here's a summary from bargepole of what happens when, what you MUST do in time, re the paperwork & deadlines:

https://forums.moneysavingexpert.com/discussion/5546325/court-claim-procedure-updated-october-2016/p1

Defence is NOT your only job, nor the only paperwork!
There will be:
(a) Directions Questionnaire (N180) stage - an easy form.
(b) Witness Statement & evidence and costs assessment stage.
(c) A hearing at your local court (or in 2020, a Telephone Hearing if your local Court Judge is working from home).

Some days/weeks after filing your defence, the CCBC will send you a DQ N180 form, that must be completed & returned to the claimant and the court, explained here:

https://forums.moneysavingexpert.com/discussion/comment/71763411#Comment_71763411

KeithP

As @Le_Kirk says, that list you abandoned after filing your Defence is really useful.

Here are items 7, 8, 9 and 10 again...

Might be worth reading the rest of that list too.

PODE001

Hi all - I received the Notice of Allocation to the Small Claims Track on 12/02 with a telephone hearing hearing scheduled for the first available slot after 4th May.

1) I assumed by telephone it would be a zoom/ teams call where the screen could be shared so you could bring up the relevant evidence?

The Notice asks for the Claimant and Defendant to submit copies of evidence to each other and the court by 9th March, and then a witness Statement by 9th April.

2) Most posts refer to submitting these both together - anyone got any further insight on this?

Typically I have a holiday booked from 25th Feb to 8th March so I'm unlikely to see any of the evidence submitted by UKPC, while compiling my list. Is it worth reaching out to them to see if they can provide any earlier?

I've been working backwards, and am in the process of created a Crib sheet and preliminary WS under the guidance of examples provided in the Newbie thread. I've also found the thread which had a template on for submitting electronically, and recommends to include a copy of the defence.

3) There are a lot of things I would have liked to include but I'm unable to obtain due to the age of the claim and the fact:
- I'm no longer in touch and have contact information for any of the people I rented a space from,
-the old managing agent has since been brought out,
-I cannot access the car park as I'm no longer a resident and don't have a fob
-the flat I rented has since been sold by the leaseholder so cannot obtain a copy of my old lease from the rental agent

 Would I include the attempts I made in the Witness Statement?

KeithP

PODE001 said:

The Notice asks for the Claimant and Defendant to submit copies of evidence to each other and the court by 9th March, and then a witness Statement by 9th April.

2) Most posts refer to submitting these both together - anyone got any further insight on this?

I suspect that's a mistake. Especially as 9th April is a Saturday - a non-working day for the Courts Service.
Surely worth a phone call to the hearing court to check that.

D_P_Dance

Have you complained to your MP/

Have you read this?

They have added what appears to be an extra unlawful amount for debt collection.

This amounts to double recovery and Judges all over the country are dismissing these spurious additions. Indeed some judges have dismissed entire claims because of this. Read this and complain to Trading Standards and your MP,

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

However, VCS appealed this so it may not apply in all cases, read this

https://www.dropbox.com/s/ntksx9g7177ahyg/VCS v Percy v1 Amendments (2).pdf?dl=0Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

Also this,

"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."

Also consider complaining to The SRA about the solicitor, if one is involved They are fully aware of the unlawful nature of most of thse additions yet persist in adding them..

https://www.sra.org.uk/consumers/problems/

PODE001

Thanks D P Dance - so are you advising I should invite the court to strike out the claim in the body of the email where I'm attaching the evidence / WS / Supp WS? I referenced the additional costs in my Defence.

I no longer live in the same constituency where this happened but once I'm done with this I will put a general complaint in to my local MP. I know the Gov are bringing out a new Code of Practice and capping the charges to be claimed from private firms so hopefully this acts as a deterrent too. 

PODE001

Sorry I had mis-typed in my earlier post and the WS is required by the 6th April!

I finally got through to the court and they told me the dates are correct.

PODE001

Can anyone advise of any cases to include in my evidence where it was successfully argued failure to show a permit didn't result in breaking a parking agreement as dictated by the parking signs?

I only have a very poor picture of the signage as I can't access the car park anymore and it's likely the signage may have changed in the last 5+ years but I can read it says "No Unauthorised Parking" and "Terms of Parking Apply at all times". I don't believe it references permits of the penalty charge cost.  I want to add this as a second point to the abuse of process argument and the unclear signage point re Beavis..