help please on court letter

mowty1977

ahh thank you so take out the picture and words relating to the picture obviously and add in this im thinking at the number 17 part

The Government has clarified that adding 'debt recovery' fees on top of a parking charge is unreasonable and as such, is banned. In a very short section called 'Escalation of costs' the new Code says: "The parking operator must not levy additional costs over and above the level of a parking charge or parking tariff as originally issued."  The Ministerial Foreword is unequivocal and robust, saying this about existing cases such as the present claim: "Private firms issue roughly 22,000 parking tickets every day, often adopting a labyrinthine system of misleading and confusing signage, opaque appeals services, aggressive debt collection and unreasonable fees designed to extort money from motorists."

In the present case, the Claimant has added a sum that their notorious industry variously describes as damages for debt recovery.  These are banned costs which they have neither paid nor incurred.  The Defendant avers that by continuing to pursue claims including this objectionable sum - when this serial litigator Claimant is indisputably aware due to their 'approved operator' membership of an Accredited Parking Association - that these exaggerated 'costs' are banned by the Government, appears to meet the high bar of wholly unreasonable conduct.

The Defendant believes that knowingly inflated claims such as this case should not be allowed to continue.  The Defendant further observes that this conduct by parking firms operating under their previous Codes of Practice (described by several District Judges as 'self-serving') has caused inflated default judgments and consumer harm on a grand scale in recent years.  The Court is invited to strike out the false 'damages/debt recovery' element at the very least and to consider whether the appropriate sanction may be to strike out the entire claim, in order to signal that the Court shares the Government's view regarding one of the most vexatious, greedy and intimidating elements of some members of the private parking industry's conduct in litigation.




thank you again 
paul

mowty1977

well we got our questionnaire through and they had already filled it out for us expecting us to sign it and send it back the cheeky sods!
so so I email them requesting a blank one to fill in or just scribble over their pre written answers and send it back ?
thanks 
paul

Umkomaas

No, you await your (blank) copy from the CCBC. Doesn't this cover it?

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

Coupon-mad

That's an important part of the NEWBIES thread to read.  This is standard stuff that we know always happens and that you could be ready for.

KeithP

That list you were following when you filed a Defence includes...

Well worth your while re-reading paragraphs 8, 9 and 10 on that list too.

mowty1977

ahh brilliant thank you all once again 
Paul