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

Coupon-mad

To the OP:  you can trust @kryten3000 who is a longstanding member of the off-forum BMPA group (set up over a decade ago as a dedicated private parking fightback association) and he knows his stuff.

andrewgarner

@kryten3000 @Coupon-mad feel quite alot calmer. Takes a fair bit to rattle me but still it's always nice to have experience of these practices on your side.

I've been looking at the paperwork they've sent pre claim and unlike the thread you linked which is very similar with an almost identical POC , the paperwork I received pre claim still referenced bylaws. I'll dig out and post shortly.

I'm hoping the claim gets throw out , but still worry that they're playing dumb .....they are really good at it ...and will at some point do something very clever. 

The other thread finishes in December, is this because it's just backlog? 

@kryten3000 if it's gets further thanks for the offer, I'll certainly Keep it in mind. Always wanted to be the Cat someday 😂 

Is there any legal way I can get debt claims/askews to show me there evidence, I believe there's a function within the court system that advises parties to exchange information before court to come to a resolution.

I'm still a bit surprised that the parking solicitors have failed to mention any dates or locations or vrm for contraventions . Wondering if this is part of the playing dumb or just some admin clerk putting many of these documents together in the quickest way possible 

Coupon-mad

I think the most important thing is the SRA complaint about what Askews have done with what they know is an out of date bylaws penalty.

You can send them a SAR if you want to see the data held. But I doubt they hold much.

Castle

andrewgarner said:

I'm still a bit surprised that the parking solicitors have failed to mention any dates or locations or vrm for contraventions . Wondering if this is part of the playing dumb or just some admin clerk putting many of these documents together in the quickest way possible 

Is the correct answer; no doubt hoping the claim goes undefended, since MCOL never check as too whether the claim has any basis in law.

Umkomaas

Is there any legal way I can get debt claims/askews to show me there evidence, I believe there's a function within the court system that advises parties to exchange information before court to come to a resolution.

Any evidence each party wishes to rely on must be submitted (to each other and the court) within their Witness Statement, usually required by 14 days before the date of the arranged hearing. 

andrewgarner

Letter sent 16 November, small claims was started on the 27 November so this was technically pre action letter but doesn't say as such. Still referring to penalty charges and bylaws.

Coupon-mad

So they also ignored the PAP by not allowing you 30 days before the claim.  And it's clear they knew this was a case of 5 x out of date penalties under byelaws and not contract.

Include that in your evidence to the SRA but mainly press home that this claim wasn't a one-off because two others are known from around the same time, therefore it is likely that some others have caused wrongful default CCJs and seen bailiffs turn up.  All this consumer harm having been due to Askews knowingly issuing claims on the wrong track/wrong court platform entirely and for the wrong Claimant who cannot profit from spent TOC byelaws penalties, not even if they acted as agents to issue the notices back in 2021.

andrewgarner

Sorry forgot to update re SRA, I did the compliant on Monday, I outlined that the solicitors are knowingly or ignorant to using the wrong track ..(not sure which is worse) , have provided so vague a POC to be a waste of court and my time, to be utilising the court action as a way of illiciting payment rather than for a realistic resolution. That they failed to participate in the meditation in any cooperative fashion against guidance again wasting our time.
Have failed to follow any pre action protocols.
I did mention the duplication of action against others but possibly didn't mention this enough, I assumed they would be looking for duplicate complaints about the same behaviour? 
Any ideas how long the SRA takes....I mentioned my case number in it but assuming they can't or won't look at a specific case that's live unless they request permission?
It's seems like a fairly bureaucratic system, having to download a word form and upload again is a little 2000's but then where in the public sector is using modern systems.

andrewgarner

A quick update.... we've had nothing from the court in terms of instructions or updates.

The compliant to the SRA is in flow and I've sent them details they've requested 

Coupon-mad

I am glad the SRA are looking at this.

Penalty cases cannot be brought in small claims court years after the limitation period expired to lay it before Magistrates.  It is not a contractual debt and can't just morph into one to make profits for SABA and cause CCJs.