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I'm confused with the newbies thread

245

Comments

  • Johnersh
    Johnersh Posts: 1,584 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    Forget the appeals stuff, you've received court proceedings. That actually makes things simple. 

    1. Acknowledge 
    2. Ask whether to defend in full, in part or to make admissions 
    3. File and serve the relevant response. 

    (For Your Information, they are claiming the amount of the ticket including "Damages" according to the particulars. So that's likely more than the amount any sign specified and why even "bang to rights cases"  may have a partial defence at the very least.

    Search 'Yasmin Mia' on the forums. She's a busy girl. There are bound to be samples of her template witness statements to guide you as to what'll come later. 


  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    amount claimed £223.24

    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%20Excel%20v%20Wilkinson.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 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/

    You never know how far you can go until you go too far.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    deejay13 said:
    ...from what I've read this site isn't phone friendly .
    I would re-phrase that to something like...

    Mobile telephones are not able to make the best use of the rich features of this, and most other, internet forums.
  • Ok I've managed to start up my laptop and get onto the MSE site on it , and it's making some sort of sense . First question about the SAR is who I do I email , is it the DBC legal , or the actual parking company who first issued me with the ticket ? 
  • Haha yes ... Yes it does , I've re read it and I'm just finding the email for  ppcl now .
  • Ok so am I correct in saying that I'm not to send this SAR in until Tuesday/Wednesday at the earliest day .
    I believe I also need to send an email to the DCBL stating that I have requested all personal data about myself to ukpc and that and further proceedings to be put on hold . 
    Is this right ? . 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 12 December 2021 at 5:56PM
    deejay13 said:
    Ok so am I correct in saying that I'm not to send this SAR in until Tuesday/Wednesday at the earliest day .
    Not sure why you would want to do that.
    A suggestion was made earlier that you delay filing an Acknowledgment of Service until Tuesday, but I don't believe that is necessary. It does no harm to wait until Tuesday to file an AoS though.


    deejay13 said:
    I believe I also need to send an email to the DCBL stating that I have requested all personal data about myself to ukpc and that and further proceedings to be put on hold . 
    Is this right ? . 
    No.
    You already have a County Court Claim Form.
    Nothing you say to anyone will delay the process.
    Keep to the deadlines I gave you earlier.
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