CP Plus Beaten in Court Today

Grizebeck

This was a case involving 4 parking tickets , listed for an all day hearing (incorrectly)
Rep for CP Plus  (from Elms) ,a  My Taylor nice but bumbling solicitors "agent"

The hearing started and immediately i raised a preliminary issue.  The claimant had messed up their claim form , duplicated 3 of the charges and thus claimed the wrong amount
The claimant in their May Witness statement admitted the error but in this case didn't bother to amend the claim by way of a proper application
 
Therefore i stated this claim had been incorrectly pleaded.  In Fact Mr Taylor knew of this issue and the claimant told him not to raise it with the court himself

The judge invited him to make an application to amend and I gave my objections and how the claimant was completely wrong, the claimant had plenty of time to amend, by doing it this was wasn't paying the hearing fee and I have been served with a claim that was just plain nonsense. I also pointed to her how they had completely failed the relevant part of the CPR.

I started to discuss relevant case law but the judge stopped me and asked My Taylor if he would like to take instruction, 

He did this and he was simply told the claimant had nothing else to add and that it was detailed in witness statement.  He conceded that they had not followed CPR and accepted the judges points.

The judge asked what i wanted her to do.

I said to strike out the case for the above reasons and she went on to do this.

After much discussion costs of £175 were awarded 

My Taylor was very surprised it had even made it to court and was generally scathing of the paper work he received from the likes of DCB Legal  A nice chap to sit and talk to about stuff

Job done.

patient_dream

Well done a good win with a present of £175, good work

So Mr Taylor was scathing about DCBL and that is no surprise given the very poor way DCBL conduct themselves and with the way they discontinue with no respect for the courts

Elms, if they thought the case should never had gone to court were fools to accept it in the first place

And CP PLUS .... a warning for the future as it looks very bleak

Snakes_Belly

Well done on your win

Grizebeck

Ps their witness statement was 86 pages long

Our witness statement was one page.

patient_dream

Could you add your story in this thread

DCBL letters ..... "forum group thread"

https://forums.moneysavingexpert.com/discussion/6237177/dcbl-letters-forum-group-thread/p1

We might have to change this to the "waffle group thread"

IloveElephants

Good job, brilliant

Coupon-mad

Grizebeck said:

Ps their witness statement was 86 pages long

Our witness statement was one page.

Nicely done!  And getting costs too.

95Rollers

Great court report. Sounds like you got a great judge who rightfully awarded you for having your time wasted by these process-abusing idiots!

Johnersh

This is how it should be. The fudges employed and bending of procedural rules are inmho unacceptable for businesses that have commiditised these claims. It's literally all they do, so they should be getting it right.