Kicking the hornets nest

Saverule

I have existing conditions, which trigger ‚anxiety and distress.‘  Not an issue to include medical evidence to cover the above, and associated prescriptions. 

In terms of costing; I used financial ombudsman redress scheme compensation banding. 

„If an error has caused the consumer more than the levels of frustration and annoyance you might reasonably expect from day-to-day life, and the impact has been more than just minimal, then an apology won't be enough to remedy the mistake. 

An award between £100 and up to £300 might be suitable where there have been repeated small errors, or a larger single mistake, requiring a reasonable amount of effort to sort out. These typically result in an impact that lasts a few days, or even weeks, and cause either some distress, inconvenience, disappointment or loss of expectation.“

Coupon-mad

Include that as an Exhibit.

Saverule

Update:

Nearly completed witness statement, need to word things better and reference Beavis case. Will need to put in index and bookmark etc. Should be done by tomorrow in preparation for the due date.

HOWEVER: Landowner contacted me today they’re looking into cancellation 🙏

Le_Kirk

Saverule said:

HOWEVER: Landowner contacted me today they’re looking into cancellation 🙏

Don't rely on it, keep going as if you were not expecting cancellation so you don't miss your deadline for submission.

Saverule

Ok, well it's going ahead, received tribunal bundle from them today. They've sent the wrong signage plans (for the site across the road, not where I parked). Landowners have said it's now with the debt collection company and their hands are tied as it's gone too far. I'd have to pay the PCN in full. 
Within their exhibit bundle the PCN has no values i.e. £ inserted in the picture.
Within their contract with landowner Clause 23 of the services contract states "No term of this contract shall be enforceable by a third party." Considering DCBL are a 3rd party enforcing their contracts via debt collection and proceedings. Not sure what to make of it. 

Civil Cases they've quoted:
 Parking Eye V Beavis, which I've combated.
Chaplair V Kumari [2015] EQCA Civ 798.
One Parking Solution Ltd V Whitshaw [2021]. 

With regards to CC

They've said CC doesn't adhere to practice directions 16. 
Disclose any reasonable grounds for bringing claim or offer as to how the amount sought has been calculated.

Should be struck out in it's entirety pursuant CPR 3.4(2).

Claimant should provide proof:
stress has been suffered
Direct result of claimant
Actions of claimant were such that would ordinarily cause the level of stress proven at point 1 and the stress has caused loss. 
If the defendant has been caused stress, this is because they didn't pay. Defendant shouldn't benefit from that.
Defendant failed to mitigate in the circumstances. Had HE responded to  initial documentation, court proceedings could've been avoided (I have 2 "karen" emails). 
Defendant hasn't proved any explanation as to how the amount claimed has been calculated. (Financial ombudsman redress scheme that applies to debt collectors). 

Anyone able to assist with legal blurb to combat the above? 

Saverule

Tribunal = Court* 

Definitely stressed!!! 

KeithP

Saverule said:

Tribunal = Court* 

Definitely stressed!!! 

Please feel free to edit your posts whenever you like.  

Saverule

Thanks Keith...

Side note: Does anyone how best to send a video? The court has only provided their physical address and not and email. I have a USB Drive to send the court if needs be. 

Gone through the document and tackled a lot of it. I THINK it's a pretty solid defence and thanks to prior discrimination case, I've been able to steal case law examples... Back to work *sigh*

Umkomaas

Side note: Does anyone how best to send a video? The court has only provided their physical address and not and email. I have a USB Drive to send the court if needs be. 

On a 'durable medium' - USB stick, CD, DVD - copy to court and claimant. You will need to take a laptop to court, don't rely on the court having one at your disposal. 

Half_way

Saverule said:

. Landowners have said it's now with the debt collection company and their hands are tied as it's gone too far.

Wasn't there a case not too long ago where the court proceedings were halted/struck off  on instruction of the landowner at a very late stage?