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

Grizebeck

They don't address your assertion they are out of time to bring this case to court and also its the wrong court.
That's all your defence needs to rest on

andrewgarner

LDast said:

andrewgarner said:

Ok debt claim's have submitted a claims submitted a witness statement for claimant at 2.30pm on the last day 15th July  ....a witness statement for defence had been submitted by email to them cc in the court shortly afterwards, also sent via post recorded to Northampton court lady's lane etc.

???

Trying to interpret the sentence but are you saying that you submitted your WS to the CNBC? Why would you send anything by "recorded post" when you are quite specifically advised NOT to do so in the Newbies/FAQ thread with an explanation as to why not?

You cannot amend your defence once submitted, at least not without paying £303 for the privilege with no guarantee it would be accepted anyway.

If English is not your first language, please try and get some assistance as what you have posted above is not clear.

Again sorry, I might sometimes talk in riddles, multitasking is not my strong point, I'm fairly confident they can't pull this off....I only get unsure when I see them (debt claims , Saba etc) pursuing an argument which seems unwinnable I cant understand the logic on how this works for them....then i have to remind myself that if they're doing this to 10 people and 2 panic and pay its a strategy they might continue with. 

Why does the SRA or other bodies not pull them up on the poor understanding or use of the law?

andrewgarner

Grizebeck said:

They don't address your assertion they are out of time to bring this case to court and also its the wrong court.
That's all your defence needs to rest on

This is good to hear as this is exactly what's in the defence witness statement.

I will post later but it's fairly simple 

1. It's not private land
2. Bylaws can not be pursued in small claims 
3.prosocution needed to be within 6 month's 
4.the named driver , has never driven to such place nor parked at said car park 
5. The various letters sent vary between a penalty notice which Saba /qdr/zzps cannot impose 
6 and parking charges which do not form park of railway bylaws 

Coupon-mad

Assume for a moment that you get a rookie, (part time deputy, a local general law solicitor) Judge who doesn't know the difference between a PN and a PCN.

Can you take the Judge to the actual laws which say:

- PNs must be laid before Mags before 6 months

- PNs must be pursued in Mags court only and are not a contract law debt

You need to lead the horse to water and make him/her drink, with some Judges. The case is - on the face of it - quite clearly an abuse and unwinnable for the Claimant but prepare for the worst Judge. Walk them to the laws.

Also prepare a crib sheet about unreasonable conduct and why this abusive (not just meritless but unlawful)  claim meets the Dammerman test, such that you should be paid ALL your costs and time at £19 per hour due to this vexatious conduct.

Grizebeck

As above spot on

kryten3000

As previously mentioned do let me know if you would like me to attend the hearing. I’m not here often but will send a PM. 

Coupon-mad

kryten3000 said:

As previously mentioned do let me know if you would like me to attend the hearing. I’m not here often but will send a PM. 

You can trust the above poster. A BMPA member who is assisting with an exact match case like yours.

andrewgarner

kryten3000 said:

As previously mentioned do let me know if you would like me to attend the hearing. I’m not here often but will send a PM. 

This is a very kind offer, I feel fairly confident but that can sometimes be my undoing. So some level headed experience would be excellent. I'm secretly hoping that it doesn't come to a hearing but it's getting more and more likely they're following through on this.

Coupon-mad

He attends hearings so has experience. He's a BMPA member like me, and I really think this case needs extra help.

As I said, a bad Judge in a hurry could get this badly wrong.

You could find yourself being 'barked' at by a Judge who misses the elephant in the room and instead decides to tear you off a strip and demand to know whether you paid for parking on the 5 occasions.  That is a danger and you need help at this hearing from someone to attend with you, who knows the law and will bring it back to focus ONLY on the 'elephant' and the Claimant's wholly unreasonable conduct in bring a long since time-barred (dead as a dodo) set of statutory PENALTIES to small claims!

Grizebeck

It will most likely go to a hearing .