Saba/ ZZPS / debt - claim.com small claims court action quoting bylaws ?

andrewgarner

@Coupon-mad , all your comments are exactly what I'm thinking.

I will try to raise some complaints depending on time.

I will work through your suggestions.

I am waiting for any kind of submission from them. Post the POC I have the email address of the solicitors, due to the mitigation and may start to contact them (cc in the court)? 

From what I've found out so far, the whole small claim is based on letter's from further up the chain (zzps etc) I don't think they have anything else. 

In terms of why they've done this....I can only guess because there was no reply to any previous letters, they submitted the small claim hoping it too would be ignored and they would win due to no contest.

As a note to anyone else dealing with these sudo scammers, a letter came through a month or two before that was clearly designed to look like a small claim reply form. It took me a couple of readings to ensure it was another attempt to pressure for payment.

It threw me as previously the letter's we're all clearly just computer generated genrics.

If this does progress to a hearing and they haven't submitted any other particulars (as I said I'm 80% confident they have nothing more than the previous letters sent).

I'm assuming I only have to respond to the evidence submitted to the judge which as it stands is just the POC with no registration, no place etc etc.

I made a note on my defense that it was not realistic to expect me to defend such a claim because it wasn't clear what exactly I was defending. 

andrewgarner

Defence below, I realise it's a little generic but I'm specifically not raising anything about bylaw or railway land or defining the difference between parking charge and penalty notice because they have mentioned nothing in the claim or any subsequent submissions to me or the court, if they do submit any actual evidence then I have defence material prepared for submission

andrewgarner

Defence was submitted well before the statue time limits etc

andrewgarner

The solicitors putting in the claim are askews legal LLP T / A Debt-cliams solicitors.

The directions questionnaire they've filed isn't even done correctly 🤦

Grizebeck

Oh dear.....

Coupon-mad

andrewgarner said:

The solicitors putting in the claim are askews legal LLP T / A Debt-cliams solicitors.

The directions questionnaire they've filed isn't even done correctly 🤦

Ah, Askews.  We know there was a batch of these and there's a pic of one here:
https://forums.moneysavingexpert.com/discussion/6493434/courtserve-and-claim-form-evidence-of-the-parking-firm-claim-tsunami/p1

We saw two claims like that in November, so you are the third here.  That means there was a batch issued.  People will have suffered CCJs.

OK so it's Askews that you must report to the SRA.  Not for merely 'incoherent POC' (as that would be dismissed as not a breach of the STaRs).  Go into detail, that they issued a batch of claims on the wrong track/wrong court with woeful POC but clearly they knew (or should have known) these penalties were not for the small claims track.

As a result, they have caused you immense distress and must have caused CCJs for penalties that are three years past the statute barred date for raising in the Mags Court.  You can't just use that data to morph TOC byelaws penalties into 'contractual charges owed to SABA' and issue small claims!  They have wrongfully damaged consumers credit ratings and should never have filed this batch of claims.

Major complaints all round...urgently.

andrewgarner

Thanks will follow up this week, you and the other contributors are clearly monitoring this closely and almost doing a job of an ombudsman. 

Out of interest are any of these ridiculous cases getting upheld by a judge.

I get that some may panic when seeing the legal paperwork and will pay up 

And some will miss deadlines and lose due to missing time limits etc.

I'm trying to cover off anything they might suddenly appear with in terms of argument that may sway the judge. But it seems like just an attempt to intimidate.

Coupon-mad

No Askews case has reached a hearing yet and I'd be surprised if any get that far.

andrewgarner

Thanks for all the information, although I was fairly sure the actions of these companies wasn't "correct" , it's reassuring coming onto a forum like this.

I'm sure you've helped many people far more than me, such a shame that it's required.

kryten3000

Sorry, just spotted I was tagged.  Not heard anything new from the other case and can't find the details at present.
As this is Northampton court, I may be able to attend any hearing, do let me know if it gets that far.

ETA:

Found the other thread.  

https://forums.moneysavingexpert.com/discussion/6475083/qdr-formal-letter-of-claim/p1

N180 forms have been exchanged, waiting for an update from the Defendant.